HomeMy WebLinkAboutCity Council-Agenda Packets-9/4/2008._~~ City of Colleyville
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``~~.__ w~~~~s~ Agenda
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Joint City Council and Planning and
Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Thursday, September 4, 2008
6:00 PM
Colleyville Public Library
WORKSESSION
1. CALL TO ORDER
2. Presentation and Discussion
2a Discussion regarding possible amendments to Chapter 5 - Tree
Preservation of the Land Development Code
3. Reports and Announcements by the City Council, Planning and Zoning
Commission and staff
4. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall by Friday,
August 29, 2008, by 5:00 p.m.
Cynthia Singleton, TRMC, CMC
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1 Printed on 8/29/2008
City of Colleyville City Hall
100 Main Street
/~~ ~
Colleyville, Texas 76034
,...,~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
File Type: Presentation
Status: Presentation
Version: 1
Requester: Community
Development
Department
Agenda Date: 09/04/2008
Agenda No.: 2a
Controlling Body: City Council
Final Action:
File Name: Discussion regarding possible amendments to Chapter 5 -Tree Preservation of the Land
Development Code
Attachments: Chapter 5 -Tree Preservation
History of Legislative File
Version: Date: Acting Body: Action Text:
1 09/04/2008 Joint City Council and
Planning and Zoning
Commission
Title
Discussion regarding possible amendments to Chapter 5 -Tree Preservation of the Land
Development Code
Explanation
In response to the dynamic and constant opportunities and challenges stemming from new
land development, as well as the expanding horizon for commercial redevelopment and
residential infill development, the City of Colleyville has hired Burditt Consultants, LLC to
undertake a review of Chapter 5 -Tree Preservation in the Land Development Code. The
last amendment to the current tree preservation ordinance (attached to this briefing)
occurred in 2000.
Therefore, to initiate the review process, the City, with assistance from the consultant, is
conducting a public hearing in order to receive input from all interested citizens as well as
members of the development community regarding any possible amendments to the tree
preservation ordinance. Parties invited to the meeting include all registered homeowners
association presidents, major builders and developers who have completed projects in the
City within the past two years as well as members of the City's Tree Board and Parks and
Recreation Board.
The public hearing will be held as a joint worksession for the City Council and the Planning
and Zoning Commission. Input received from this worksession will be utilized by the
consultant in making their final recommendations to the Planning and Zoning Commission
and City Council regarding any possible modifications to the ordinance. These
recommendations will be presented as part of a future joint worksession with the Council
and Commission.
City of Colleyville Page 1 Printed on 8/29/2008
Land Development Code Citv of Collewille. Texas
Chapter 5
Tree Preservation
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Nnntea uune us, uu
The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural
areas; to protect trees during construction; to facilitate site design and construction which contribute to the
long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent
of this Chapter to achieve the following broader objectives:
Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City.
Protect and increase the value of residential and commercial properties within the City.
Prohibit the indiscriminate clear cutting of property.
The regulations contained in this Chapter have been adopted under the authority of Chapter 51 -General
Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt
ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce
of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of
Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the
Constitution or the laws of the State of Texas.
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 -General Provisions of this Land
Development Code.
Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development
Code.
No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through
damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first
obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter.
The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows:
A. Properties which are regulated by this Chapter:
Chapter 5 -Tree Preservation Page 5 - 1
Land Development Code Citv of Collewille, Texas
1. Any real property upon which any designated tree is located.
2. Any property for which a final plat has not been submitted on the date of this Chapter.
3. Any property for which construction plans have not been submitted on the effective date of this
Chapter.
4. All municipal /public domain property.
B. The following persons are exempt from the provisions of this Chapter only to the extent of their
control over the particular class of properties and trees described below. Persons exempt from the
provisions shall not be required to obtain tree removal permits in the circumstances described.
1. An employee of a public utility or an authorizetl contractor working in a dedicated public right-of
way may in the course of business, remove or prune that portion of a tree which prohibits the safe
construction, repair or maintenance of a service line or facility.
2. The resident of a single family home may remove all or a portion of a tree which exists on the lot
of record on which the single family home is built.
3. A property owner or his authorized contractor, employee or tenant may remove a tree which has
become severely diseased or damaged to the extent that it is beyond the point of recovery or is in
danger of falling, as determined by the Administrative Official.
4. All landscape nurserymen shall be exempt from the terms and provisions of this section only in
relation to those trees planted and growing on the nursery premises which are planted and grown
for the sale or intended sale to the general public.
5. Any person may remove all or a portion of a tree which has disrupted a public utility service due
to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to
safely restore normal utility service.
C. The following persons shall be exempt from the tree replacement provisions of this Chapter.
However, such persons shall provide tree protection and replacements as per this Chapter for all
remaining trees in nonexempt areas.
1. A person performing work authorized by a building permit in the residential buildable area.
2. A person performing work authorized by an approved site plan in the commercial building
footprint.
3. A person performing work authorized by the approved grading and drainage plan in the
residential setback envelope.
4. An employee of a public utility or a person performing work authorized by an approved
subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage
or utility easement.
Section 5.7 Approval Process and Administrative Procedures
The Administrative Official is responsible for the review and approval or disapproval of all requests for tree
removal permits. The request shall be submitted in accordance with the requirements specified herein.
A. Residential Subdivisions: The Administrative Official shall determine from a review of subdivision tree
surveys, grading and drainage plans the following:
1. The trees outside of the exempted areas of the right-of-way, easement and residential setback
envelope which are slated for removal.
Chapter 5 -Tree Preservation Page 5 - 2
Land Development Code City of Collewille, Texas
2. The extent of tree replacement in accordance with these regulations.
The Planning and Zoning Commission may evaluate whether an alternate street layout and grading
plan which complies with all City subdivision standards would result in substantially greater tree
preservation. In the event such an alternate layout is determined by the Commission to be a
reasonable use of the land then the applicant may substitute said alternative plan without being
required to submit a new Preliminary Plat application. if, however, the applicant does not substitute
said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so
shall be a basis for denial of the applicant's application.
Approval of the construction drawings by the Director of Public Services shall constitute approval of a
tree removal_permit for the street and utility construction phase of the subdivision.
B. Platted Residential Lots: The Administrative Official shall review building permits for platted lots and
determine the following:
1. The trees outside of the exempted buildable area which are slated for removal.
2. The extent of tree replacement in accordance with these regulations.
No building permit shall be issued unless the applicant signs an application or permit request which
states that all construction activities shall meet the requirements of the tree preservation regulations.
C. Platted Commercial Lots: The Administrative Official shall review building permits for commercial lots
and determine the following:
1. The trees outside of the exempted commercial building footprint which are slated for removal.
2. The extent of tree replacement in accordance with these regulations.
If the tree removal permit application is made in conjunction with a site plan submitted for approval,
the application will be considered as part of the site plan and no permit shall be issued without site
plan approval.
D. Appeals: Any decision made by the Administrative Official with regard to a request for a tree removal
permit may be appealed by any party to the Planning and Zoning Commission. All actions of the
Commission shall be final.
E. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plan
and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for
tree removal not issued in connection with a building permit, subdivision or a site plan shall become
void ninety (90) days after the issue date on the permit.
The Administrative Official shall establish administrative procedures necessary to facilitate the implementation
and enforcement of this Chapter. These procedures shall include the following:
A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to
the removal of any tree.
B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of
Colleyville in the amount established by the schedule of fees approved by the City Council.
C. An application involving a limited portion of a site may be based on an exhibit showing only that
portion of the site.
Chapter 5 -Tree Preservation Page 5 - 3
Land Development Code City of Collewille Texas
D. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large
scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the
Administrative Official.
E. The items required on a submitted exhibit:
1. Title Block: includes street address; legal description (lot and block, subdivision name); date or
revised date, north arrow; graphic (and written) scale; name, address, telephone number of
owner and of person preparing the exhibit.
2. Location of all existing or proposed structures, improvements and site uses including pavement
and landscaping, setback, easements and service connections, all properly dimensioned and
referenced to property lines,
3. Existing and proposed site elevations, grades and major contours. Construction details of
permanent grade changes around all trees.
4. Location of trunks and canopies of all existing trees, graphically differentiating between the trees
to remain and those to be removed. A plus (+) character shall indicate trunk location and
concentric circle shall indicate the size and canopy configuration.
5. Proposed general areas or locations of the replacement trees.
F. Tree information required shall be summarized in legend form on the plan and shall include:
1. The list of trees to be removed.
2. The total diameter of trees to be removed.
3. Replacement trees listed by species name, quantity, size and total diameter required for
replacement of trees. (See Section 5.13 for replacement tree list.)
G. Tree protection notes and details shall be included on site plans, subdivision plans or landscape
plans and always included with the bid documents given to the contractor. (See Section 5.14)
In the event that it is necessary to remove a tree which is three inches (3") or greater via permit approval, the
applicant, as a condition to issuance of a tree removal permit, shall be required to replace the trees being
removed with quality trees as defined herein. This mitigative measure is not meant to supplant good site
planning. Tree replacement will be considered only after all design alternatives which could save more
existing trees have been evaluated.
A. A sufficient number and diameter of replacement trees shall be planted in order to equal the total
diameter inches or fraction thereof of trees three inches (3") or greater and slated for removal.
B. Replacement trees shall be a minimum of three inches (3") diameter when measured one foot (1')
above the soil line and a minimum of eight feet (8') in height when planted.
Examples-
1. A total of 18" diameter to be removed shall be replaced with 6 - 3" diameter trees.
2. A total of 19" diameter to be removed shall be replaced with 7 - 3" trees or 5 - 3", trees and 1-4"
tree.
C. All replacement trees shall be guaranteed for one year from the date of the final inspection and
acceptance of the project.
Chapter 5 -Tree Preservation Page 5 - 4
Land Development Code City of Collewille, Texas
Section 5.10 Tree Protection
A major purpose of this Chapter is to protect all trees which are not removed and to allow approved
construction to occur. The following procedures shall apply to all types of construction projects which
involve development around trees.
The following procedures are deemed appropriate in the situations noted; however, unique circumstances
may allow modifications if deemed necessary by the Administrative Official.
A. Prohibited Activities: The following activities shall be prohibited with the limits of the drip line of any
tree which is subject to the requirements of this Chapter.
1. Material Storage: No materials intended for use in construction or waste materials accumulated
due to excavation or demolition shall be placed within the limits of the drip line of any tree.
2. Equipment Cleaning /liquid disposal: No equipment may be cleaned or other liquids deposited
within the limits of the dripline of a tree. This would include but not be limited to, paint, oil,
solvents, asphalt, concrete, mortar or other materials.
3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature
shall be attached to any tree.
4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the
limits of the dripline of trees.
B. Pre-Construction: The ensuing procedures shall be followed prior to construction.
1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red
vinyl tape wrapped around the main trunk at a height of four feet (4') or more such that the tape is
visible to workers on foot or driving equipment.
2. Protective Fencing: All trees shall have protective fencing located at the tree's drip line. The
protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain
link fence or other similar fencing with afour-foot (4') approximate height. The protective fencing
may be located within the drip line of the specimen tree for approved construction only. The
fencing shall follow the delineation of the approved construction.
3. Bark Protection: in situations where a tree remains in the immediate area of intended
construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk
with lumber encircled with wire or other means that does not damage the tree.
4. Construction Pruning: In a case where a low hanging limb may be broken during the course of
construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at
the next joint of the limb. The wound shall then be sealed with pruning paint.
In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire
canopy without the Administrative Official's prior approval.
C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated
for preservation have some encroachment on their critical root zone. The following is the minimum
design criteria which is allowed within the critical root zone of a tree. Development exceeding the
criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a
case replacement trees shall also be required.
1. Grade Changes: In the event that grade changes must be made around a tree or group of trees,
the following should shall be implemented in order to maintain oxygen and water exchange within
the tree's critical root zone.
Chapter 5 -Tree Preservation Page 5 - 5
Land Development Code City of Colleyville, Texas
a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at
natural grade with natural ground cover or landscaping for the tree to be considered a
preserved tree.
b. No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half
(1/2) of the radius of the critical root zone radius distance.
c. Increase Grade: Provide an aeration system just outside the tree's drip line. A dry well
located a minimum of one-half (1/2) of the radius of the critical root zone.
d. Decrease Grade: Provide retaining walls outside the dripline to mitigate cuts.
2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The
minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth
of forty-eight inches (48").
3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of
any tree.
4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be
covered with impervious paving. The pavement and the cut and fill for the pavement is to not
exceed one-half (1/2) of the critical root zone radius distance.
Section 5.11 Tree Planting Regulations
A. Easements and rights-of-way: The location of replacement trees is restricted from utility easements
and rights-of-way. The location shall not be in an area such that the mature canopy of the tree will
interfere with overhead utility lines. No trees shall be planted within ten feet (10') of a fire hydrant.
B. Off-site Planting of Replacement Trees: Replacement trees should be planted on the site or
easement from which existing trees are to be removed. if this is not feasible, an applicant may initiate
a proposal to plant trees off-site. This may be approved if the planting site is in reasonable proximity
to the project area.
C. Replacement trees shall be planted prior to the issuance of the certificate of Occupancy or project
release. Optimum planting times do not always correspond to project completion. For that reason,
replacement tree plantings may take place after the project is released by the City; provided, that
before project release, a fiscal security is posted in the amount equal to the prevailing rate for
installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover administrative cost.
Section 5.12 Violations
Any person violating or failing to comply with any provision or requirement of this section shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount
provided in this chapter. A separate offense shall be deemed committed upon each day during or on which
each separate violation or failure to comply occurs or continues to occur and shall be punishable as such.
A. A monetary penalty of $100.00 per diameter inch of the tree(s) removed or damaged shall be
assessed and paid to the City of Colleyville; and
B. The tree which is removed or damaged shall be replaced with new trees having a total tree diameter
width equal to the specimen tree removed or damaged.
Section 5.13 Replacement Tree List
The following is the list of appropriate and approved replacement trees which have been selected on the
basis of their suitability in the urban environment of North East Tarrant County.
Chapter 5 -Tree Preservation Page 5 - 6
Land Development Code Citv of Collevville, Texas
Replacement Tree List
Common Name Botanical Name
Pecan Ca a illinoensis
Cedar Elm Ulmus crassifolia
Lacehark Elm Ulmus arvifolia
Red Oak Quercus shumardii
Live Oak Quercus vir iniana
Bur Oak Quercus macrocar a
Post Oak Quercus stellata
Black Jack Oak Quercus marilandica
Chin ua in Oak Quercus mulenber ii
Chinese Pastiche Pistacia chinensis
Sweet um Li uidambar st raciflua
Austrian Pine Pinus ni ra
Southern ma nolia ma nolia randiflora
Bald C ress Taxodium distichum
Red Bud Cercis canadensis
Section 5.14 Construction Plan Requirements
The following notes shall be required as a part of all construction plans.
1. All trees shown on this plan to be preserved shall be protected during construction with temporary
fencing. Tree protection fences shall be installed prior to the commencement of any site preparation
work (clearing, grubbing or grading).
2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the
outermost limits of the tree branches or dripline. The fence will be maintained throughout the
construction project in order to prevent the following.
A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or
materials.
B. Critical root zone disturbances due to grade changes greater than two inches (2") cut or fill or
boring which was not authorized by the City.
C. Wounds to the trunk, limbs or exposed roots by mechanical equipment.
D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires.
3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4'), the
trunk must be protected with strapped-on planking to a height of eight feet (8') or to the limits of the
lower branching.
4. All grading within critical root zones of specimen trees shall be performed by hand or small equipment
to minimize damage. Prior to grading, relocate the protective fencing to two feet (2') behind the grade
change area.
5. Trees most heavily impacted by construction activities should be watered deeply once a week during
periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust
accumulation on the leaves.
6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible.
7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before
construction begins.
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Land Development Code City of Colleyville, Texas
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Reserved for listing of amendments to this Chapter.
Ord. Number Date Sub'ect
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