HomeMy WebLinkAboutPlanning and Zoning Commission Worksession-Agenda Packets-10/22/2018Q U A I L C R E S T DR I V E
409
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316
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Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-032 K
Subject Property
316 Quail Crest Drive
Q U A I L C R E S T DR I V E
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R-15
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Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-032 K
Subject Property
Properties Outside the City Lim it
316 Quail Crest Drive
Q UA IL RUN
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Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-032 K
Subject Property
Resid ential
Properties Outside the City Lim it
316 Quail Crest Drive
Statement of Planning Objectives
City of Colleyville
Community Development Department
Development Review Committee
Subject: SUP for Carport. - 316 Quail Crest Drive
Response from Applicant on Comments:
1. The character of the proposed development is an “L” shaped covered automobile parking area and proportioned to be
confined within a fenced area located in the back yard of the existing structure (house). The proposed development will
complement the current board-on-board and picket perimeter fence replacing sections of the 6’ picket fence with 8’
sections. The east elevation with a 6’ board-on-board fence shall not be changed. Additional fence will be erected for the
west and south elevations and a portion of the east elevation. The purpose of the proposed development is to protect
current, classic and antique automobiles from hail, sun degradation and other inclement Texas weather. The automobiles
are the #2 highest investments this family owns. The Home at this location is their #1 investment.
a) The total square footage of the parking area will be approximately 1,750.
b) Currently, on the property is no garage, accessory building or covered parking.
c) As stated above, the purpose of the proposed covered parking area will be to park current, classic and antique
automobiles.
d) The exterior of the proposed parking area will include the existing perimeter fence on the north and partial east
elevations. The south portion of the east elevation is new 8’ board-on-board fence with three 10’ gates. The north
perimeter fence includes a board-on-board to the northwest and picket fence on the northeast. The existing 6’picket
fence shall be replaced with an 8’picket fence. The west elevation is new 8’ board-on-board fence. The west section of the
south elevation abuts the house with and additional 4.5’ of board-on-board fence and gate. The east portion of the south
elevation is new 8’ board-on-board fence with three 10’ gates. The parking area shall have a tubular steel frame to support
a tarp cover for the area. The tubular steel shall be 1.375’ and 1.625’ diameters and connect to the existing and new 2.375’
fence post. The steel framing shall be attached with bolt on end clamps to allow removal for unencumbered access to the
Utility Easement. The steel framing shall include gussets and mid-section post to minimize sagging, add increase uplift
resistance and structural integrity.
e) The new board-on-board fence shall consist of 6”X 8’ cedar boards attached to 2’X4” pleasure treated supports with
stainless ring shank nails. The fence shall have a 2”x6” top board and 1”x4” cover plate at the top of the vertical boards.
The steel framing and tarp shall be below the fence line. The tarps shall be a terminal-set reinforced membrane attached
to steel framing with grommets and heat welded membrane strips. The tarp shall be attached atop the west perimeter
fence with termination bar and screws 6” on center.
Statement of Planning Objectives
f) The maximum height of the proposed parking area will be approximately 8’. See photos showing the fence heights and
a location of the proposed parking area indicated on a flyover photo of the lot.
3. Development Schedule: NA
4. Height requirement is met.
5. The proposed parking area will extend to the North and East property lines encroaching on the 6’ easements. The
resident has obtained signatures from all City of Colleyville Associates for an Encroachment Agreement. (See Attached)
6. Total square footage of property is approximately 15,000. The square footage of existing structure is approximately
3,122. The total square footage of the covered parking area will be approximately 1,750. Thus, the total square footage of
all structures is approximately 32.48% of total lot coverage.
7. The proposed covered parking area will be totally behind the rear of the principal building or enclosed within an 8’ fence
with exception of the 24’ of the east elevation with a 6’ fence. See exhibit for north and east lot line easements.
Statement of Planning Objectives
The White lines indicate the fenced area for automobile access/egress and the Covered Parking Area
The narrow black line indicates the Utility Easement and Encroachment Area
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ScaleDateNEAL MORRIS 316 QUAIL CREST DRIVE COLLEYVILLE, TX 76034 1/4" = 1'-0"8/28/2018 9:53:53 PM A1.20PARKING AREA &TUBULAR STEEL SUPPORT PLANMORRIS & McCOY FAMILY PARKING AREA 08.26.18
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ScaleDateNEAL MORRIS 316 QUAIL CREST DRIVE COLLEYVILLE, TX 76034 As indicated 8/28/2018 9:55:40 PM A1.30ELEVATIONS AND DETAILSMORRIS & McCOY FAMILY PARKING AREA 08.26.18
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6XEMHFW ): &DVH=&
From:markpursley
Sent:Saturday,September29,201812:21PM
To:BenBryner<BBryner@colleyville.com>;JackieReyff<JReyff@colleyville.com>;CalebTandy
<CTandy@colleyville.com>;EddieWilson<EWilson@colleyville.com>;JerryDucay<JDucay@colleyville.com>;Mark
Wood<MWood@colleyville.com>;AdrienneLothery<alothery@colleyville.com>;RaySilvaͲReyes
<RSilvareyes@colleyville.com>;RobertMckeown<rmckeown@colleyville.com>;RaySilvaͲReyes
<RSilvareyes@colleyville.com>;RobertSauceda<RSauceda@colleyville.com>;TaylorSchauwecker
<TSchauwecker@colleyville.com>
Subject:Case#ZC18Ͳ032
To:CityofColleyvilleDevelopmentReviewCommittee
RE:Case#ZC18Ͳ032
InreferencetoCase#ZC18Ͳ032anapplicationforSUPforacarportbuiltandlocatedat316QuailCrestDrive,
hasbeenpresentedtoyouforyourreviewforcompliance.Howevertheapplicationinmyviewcouldbe
misleadinginandofthematerialfacts.Pleaseconsidermyobservationsinyourreview.
xTotalsquarefootofthestructureisunderstated
xThepropertydoeshaveagarage,thegaragedoorhasbeenreplacedwithFrenchdoors(theycouldbe
removedandreplacedwithastandardgaragedoor)
xAportionofthe“parkingarea”isdescribedasusingexistingfencesattheperimeter.Thesefences
becomethesupportingstructurefortheroofofthecarport.Idonotthinktheapplicanthasexclusive
controlofthefences,andhasnotobtainedpermissionfromthethreeneighborstousethefencesas
supportingstructureforthetarproof.
xThestructure“abutsthehouse”,thereforeattachedpercitycode
xApprovalforeasementencroachmentisreferenced,howeverallsetbackrequirementsforR15zoning
isomitted
xThesteelroofframeisdescribedashaving“unencumberedaccess”isnotexactlytrue
xThe“steelframing”isreferencedtohavegussets.Thereferencedgussetsareeithermissingorperhaps
thereisnotanunderstandingofagusset.
xThelotcoverageexceedstheR15coveragebyanamountequaltoabouthalfofthemaximum
accessorybuildingsizeoraboutseventyfivepercentofthemaximumcarport.
xTheapplicantunderstatesthelotcoveragebyanamountequaltomosthomesaccessorybuildingsize
inanR15zone.
xItistruethatthestructureisbehindthehouse,howeveritismisleadingthatitisenclosedwithan
eightfootfence.Theroofissupportedbythefence,andthefencehasbecomethestructure.This
rooforcarportisjustmetalpolesspanningthetopsoffenceswithatarpstretchedacross.
ObservationincontrasttotheCarportrequirementspercode
xSize–480sq/ftmaximumexceededbyover3xthesize
xSize–24ftmaximumlengthexceededbyover2x
xSetbackrequirementforR15–notobserved,builttopropertylineontherearandside
xRoofpitchminimum2:12–roofpitchisabout¼oftheminimum1:24or1:19nearflat
xPost–nonesupportedbyafence,noneofthefencepostmeetanyoftherequirement
Letter of Opposition
2
oTheapplicantdoesnothaveexclusivecontrolofallofthesupportingfences
xAdequacyofPlansandSpecifications:percode“Saidplansandspecificationsshallcontainsufficient
informationtoallowtheCityCounciltodeterminethattheproposedcarportcomplieswiththese
regulations”–itdoesnot
ThankYou
MarkPursley
Letter of Opposition
S O U T H D R I V E
REGINA COURT
FIEL D STREET
EU DA LY DR I V E
C E N T R A L D R I V E 815
611
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714
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC18-016 K
Subject Property
713 Field Street
SO
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REGINA COURT
FIELD STREET
EUDALY DRIVE
T HOMAS STREET
CENTRAL DRIVE
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AG CN
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Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
K
Subject Property
ZC18-034 713 Field Street
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Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KSubject Property
Residential
Colleyville Blvd Corridor
Open Space; Parks
ZC18-034 713 Field Street
18297MINOR PLAT 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712(DBA, G&A McAdams)201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.comThe John R. McAdams Company, Inc.PROJECT SITE
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City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 2c Agenda Date 10/22/2018 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of amendments to Chapter 2 – Definitions and Chapter 3 – Land Use in
the Land Development Code, specifically to “Short Term Home Rental”, Case GC18-008
Explanation
Staff proposes amendments to Chapter 2 – Definitions, Chapter 3 Land Use, and Table
3.24.B Schedule of Permitted Uses of the Land Development Code, by adding the
“Short Term Home Rental” use.
Background. The City Council has expressed a desire to restrict “short term home
rentals” in single-family residential areas within the city. These uses tend to operate
through entities like Air BnB and VRBO and they generally allow for the rental of a
home on a short term basis like a weekend or even just a night. Several complaints
have been made regarding noise, an increase in traffic, and an increase in trash. The
City Council heard a presentation from Staff during a worksession on July 17, 2018. At
the worksession, direction was given to staff to propose amendments to the Land
Development Code.
Purpose. The purpose is to review the proposed amendments to the LDC that would
restrict short term home rental in residential areas. Staff reviewed cities in Texas with
regulations for comparison:
Grapevine, Texas Prohibits all Short Term Rentals
Planning and Zoning Commission Agenda Briefing 2c
City of Colleyville Page 2
Proposed Amendments. Based on the City Council's direction, staff reviewed the
LDC as well as a review of cities around Colleyville.
It is suggested to include the following definition of short term home rental:
Short Term Home Rental. The rental of all, or any portion of, a dwelling or accessory
building for compensation for the purpose of overnight lodging for a period of not less
than one night and not more than 30 consecutive days, other than an ongoing month-
to-month tenancy granted to the same renter as their primary residence. The term
shall not include a hotel or bed and breakfast lawfully operating with a current
certificate of occupancy issued for such use.
In addition to the definition, Staff is proposing to restrict “Short Term Home Rentals”
from single-family residential districts. The following changes to the Schedule of
Permitted Principal Uses to be proposed are:
Require a Specific Use Permit in the following districts: RD Two Family Residential, R-
MF Multi-Family Residential, and MH Mobile Home.
Staff Recommendation: Staff recommends approval of the amendments. The
proposed amendments would restrict short term home rental in residential areas of the
City.
Recommendation
Approve
Attachments
1.Draft Ordinance - Amending LDC re Short Term Rentals (STRs)
2.Property Rental in Colleyville
3.Grapevine Ordinance
4.Southlake Ordinance
ORDINANCE NO. O-18-XXXX
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
THE LAND DEVELOPMENT CODE, CHAPTER 2, SECTION 2.5
“DEFINITIONS OF THE LAND DEVELOPMENT CODE”, ADDING A
DEFINITION FOR “SHORT TERM HOME RENTAL”; AMENDING THE
LAND DEVELOPMENT CODE, CHAPTER 3 “LAND USE”, TABLE 3.24.B
“SCHEDULE OF PERMITTED USES”, BY ADDING “SHORT TERM HOME
RENTAL” UNDER RESIDENTIAL ACCOMMODATION USES; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR A VIOLATION OF THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the short term home rental of a property in the City of
Colleyville; with its attendant traffic, parking, noise, liter and the
influx of non-residents into residential areas is incompatible with
the intent of residential districts in the City and the desires and
expectations of the City’s residents and is contrary to the long-
standing character of the community; and
WHEREAS,the short term home rental in residential areas of the City poses
a risk of increased traffic, noise, public nuisances, disruption of
neighborhoods, and additional enforcement related issues; and
WHEREAS,the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to add language defining short term home rental within the
Land Development Code; and
WHEREAS,the Planning and Zoning Commission and the City Council have
found that the characteristics of short term home rentals are
such that the public interest, safety and general welfare are best
served with the prohibition of such short term home rentals
within residential districts.
WHEREAS,the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, having given the requisite
notices by publication and otherwise, and after holding due
hearings and affording a full and fair hearing to all the property
owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body
of the City of Colleyville is of the opinion that said change in the
Ordinance O-18-XXXX
Page 2 of 3
Land Development Code of the City of Colleyville should be
made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT all the foregoing premises and findings are found to be
true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Sec. 2.THAT Chapter 2, Section 2.5 “Definitions of the Land
Development Code” of the City of Colleyville is hereby amended
to add a definition for “Short Term Home Rental” to read, in
relevant part, as follows:
“…
Shrubs. Woody plants which grow vertically in a multi-
branched pattern.
Short Term Home Rental. The rental of all, or any portion
of, a dwelling or accessory building for compensation for the
purpose of overnight lodging for a period of not less than
one night and not more than 30 consecutive days, other
than an ongoing month-to-month tenancy granted to the
same renter as their primary residence. The term shall not
include a hotel or bed and breakfast lawfully operating with
a current certificate of occupancy issued for such use.
…”
Sec. 3.THAT the Land Development Code of the City of Colleyville,
Texas, Chapter 3 “Land Use”, Table 3.24.B “Schedule of
Permitted Uses” is hereby amended to read, in relevant part, as
depicted in the attached Exhibit “A”, by adding “Short Term
Home Rental” to the list of uses in the category of “Residential
Accommodation Uses”, with nothing marked within the
Residential Cells of AH through R-15 and the Non-Residential
Cells CPO through ML to indicate the use is not allowed within
those districts, as depicted in the attached Exhibit “A”.
Sec. 4.THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
Ordinance O-18-XXXX
Page 3 of 3
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 5.THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 6.
Sec. 7.
THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
THAT this Ordinance shall become effective immediately upon
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2018.
The second reading and public hearing being conducted on the day of
2018.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE DAY OF 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood _____
Place 1, Tammy Nakamura Place 5, Chuck Kelley _____
Place 3, Kathy Wheat Place 6, Callie Rigney _____
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Ordinance O-18-XXXX
Page 4 of 3
Whitt L. Wyatt
City Attorney
7.20.18 Draft TM101189
Exhibit “A”- Amendments to Table 3.24.B - Schedule of Permitted Uses
Table 3.24.B- - Schedule of Permitted Principal Uses
Residential District Non-Residential
DistrictsLand Use Classification
AG RE R4
0
R3
0
R2
0
R1
5
RD RM
F
MH
CP
O
CN CC
1
CC
2
CC
3
ML
Special Land
Use
Standards or
Section Ref.
Parking
Group
A. RESIDENTIAL ACCOMMODATION USES
…
Private (HOA) Recreational Facilities P P P P P P P P 9 5
Short Term Home Rental S S S n.a.25
…
Property Rental in Colleyville
City Council Worksession
TBD 2018
Flow Chart: Current Situation
Rental of an entire
single-family
property
Allowed if rental is
for another single-
family use
Rental of an
accessory structure
(no stove/oven)
Rental of an accessory
structure “dwelling
unit” (with stove/oven)
Rental of a single
bedroom in a
single-family home
Not allowed; use
by single-family
occupant only
Not allowed; accessory
dwelling units only
permitted by SUP for
family or care-takers
Bed & Breakfast
Not currently
regulated; has
been allowed in
practice
Allowed with SUP
(25% or less of
home)**
* No current ordinance on long or short term rental properties as long as the entire property is being leased or rented
** B&B definition could benefit from updating to make regulation easier (not many people identify themselves as a
“tourist lodging service”)
Local Regulation Overview
•The short term rental (STR) market is growing rapidly. The DFW metro experienced an
approximately 40% increase in the number of short term rental (STR) listings over the past
year. The Austin and Houston metro areas were even higher.
•In 2017, the Texas Legislature considered a bill to prohibit cities from regulating STRs in the
last legislative session. The measure ultimately failed by a narrow margin.
•Several Texas cities have recently discussed and/or passed stand-alone ordinances
specifically defining and regulating STRs.
City Regulation Comparison
CITY ADOPTED REGULATION
Austin, Texas*Comprehensive Short Term Rental Licensing, Limits or Prohibits Units by Location & Hotel Occupancy Taxes
Houston, Texas Incorporated into the Hotel and Motel Ordinance, Building/Housing Standards Apply & Hotel Occupancy Taxes
Coppell, Texas Comprehensive Short Term Rental Licensing, Requires Inspections, C.O.’s & Hotel Occupancy Taxes
Ft. Worth, Texas Prohibits Short Term Rentals Less than 30 Days in All Zoning Districts (underground market continues to grow)
New Braunfels, Texas Comprehensive Short Term Rental Licensing, Prohibited in Residential Areas Altogether.
Southlake, Texas Prohibits all Short Term Rentals
Galveston, Texas Limited to Registration and Hotel Occupancy Taxes
* City of Austin is involved in a lawsuit brought by homeowners challenging the city’s regulations. The Texas Attorney General
joined the suit on the side of homeowners.
Local Regulation Categories
General Moderate Strict
•License +
Fees
•Noise Regs
•Parking Regs
•Taxes
•C.O. Required
•Limit
Occupants
•Limit Density
•Limit Location
•Inspections
Main Regulation Categories
•Licensing Regulations
•C.O. Requirements
•Zoning (Area and Density Restrictions)
•Restrictions on Number of Occupants
•Noise and Parking Regulations
•Fire Safety Requirements
•Rental Unit Inspections
Level of Local Regulation by Category
Options
•Maintain current regulations and enforce existing rules for issues such
as noise, parking, etc…
•Amend current bed and breakfast/hotel regulations to address STRs
•Adopt a stand-alone ordinance regulating STRs (i.e., general, moderate,
or strict ordinance)
ORDINANCE NO. 2018-065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ADOPTING A NEW ARTICLE VI TO
CHAPTER 14 OF THE CODE OF ORDINANCES
REGARDING SINGLE-FAMILY DWELLING TRANSIENT
RENTALS; REPEALING CONFLICTING ORDINANCES;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt and enforce ordinances
necessary to protect health, life, and property to preserve good government and the
security of its inhabitants; and
WHEREAS, the City of Grapevine has adopted a comprehensive Zoning Ordinance
to regulate the location and use of buildings and land in full accordance with Chapter 211
of the Local Government Code; and
WHEREAS, single-family dwelling transient rentals have been identified in the
City's Zoning Ordinance since at least April 18, 2000, with the adoption of Ordinance No.
2000-47; and
WHEREAS, single-family dwelling transient rentals are not currently listed as a
permitted use in any Zoning District within the City; and
WHEREAS, there has been a proliferation of single-family dwelling transient
rentals within residential areas of the City; and
WHEREAS, single-family dwelling transient rentals do not fit in or fall under the
definition of single-family attached dwelling or single-family detached dwelling under the
Zoning Ordinance; and
WHEREAS, single-family dwelling transient rentals are not consistent with the
character or nature of single-family residential uses under the Zoning Ordinance; and
WHEREAS, single-family dwelling transient rentals are not suitable in residential
neighborhoods, are not compatible with residential uses, and the neighborhood adjacency
of single-family dwelling transient rentals in residential neighborhoods is harmful; and
WHEREAS, in the absence of being listed as a permitted use in any Zoning
District, single-family dwelling transient rentals are prohibited under the City's Zoning
Ordinance; and
WHEREAS, single-family dwelling transient rentals in the City of Grapevine, with
their attendant traffic, parking, noise, litter, and the influx of non-residents into residential
areas is incompatible with the intent of residential districts in the City and the desires and
expectations of the City's residents and is contrary to the long-standing character of the
community; and
WHEREAS, single-family dwelling transient rentals in residential areas of the City
pose a risk of increased public nuisances, disruption of neighborhoods, and additional
enforcement related issues; and
WHEREAS, the City's Police Department has responded to multiple calls for service
at known addresses of single-family dwelling transient rentals in residential areas of the
City; and
WHEREAS, the calls for service attributable to single-family dwelling transient
rentals in residential areas of the City include noise, parking, and disturbance complaints;
and
WHEREAS, the increase in calls for service attributable to single-family dwelling
transient rentals in residential areas of the City result in an additional burden on the Police
Department; and
WHEREAS, the City of Grapevine City Council has determined that it is a
necessity to regulate activities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein; and
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
Ordinance, including but not limited to the Open Meetings Act.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 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.
Section 2. That a new Article VI to Chapter 14 is hereby adopted and added to
the Code of Ordinances as follows:
Ordinance No. 2018-065 2
ARTICLE VI. SINGLE-FAMILY DWELLING TRANSIENT RENTALS
14-150 - Definitions
Single-family dwelling transient rental—The rental or offer for rental of any dwelling or any
portion of a dwelling for a period of less than 30 days.
Rental —The renting, bartering, trading, letting or otherwise allowing the use of a dwelling
or room or rooms within a dwelling for compensation. This shall not restrict, limit or
interfere with any homeowner from participating in a leaseback upon the sale of a dwelling.
Leaseback—An arrangement where the seller of a home leases the home back from the
purchaser. In a leaseback arrangement, the specifics of the arrangements are typically
made prior or immediately after the sale of the home.
14-151 - Single-family Dwelling Transient Rentals Prohibited
All single-family dwelling transient rentals are hereby prohibited and unlawful within the City
of Grapevine."
Section 3. That City staff is hereby directed to proceed with a notice and
enforcement initiative as to single-family dwelling transient rentals.
Section 4. That all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect; provided,
however, that the ordinance or ordinances under which the cases currently filed and
pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed
only when all such cases filed and pending under such ordinance or ordinances have been
disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal.
Section 5. Any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed finro thousand dollars ($2,000.00)and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
Section 6. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity,which
remaining portions shall remain in full force and effect.
Section 7. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
Ordinance No. 2018-065 3
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 4th day of September, 2018.
APPROVED:
Mayo
William D. Tate
ATTEST
O
GRAP F,
2
G
i i m
W x
a
Tara Brooks y
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2018-065 4
Chapter 5
Tree Preservation
(10/6/2014)
Section 5.1 Purpose of This Chapter
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.
Section 5.2 Authorization for Adoption of This Chapter
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.
Section 5.3 Variances and Appeals
Except where provided in this chapter, 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.
Section 5.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land
Development Code.
Section 5.5 Tree Removal Permit
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.
Section 5.6 Applicability
The terms and provisions of this Chapter shall apply to real properties, persons and trees as
follows:
Page 5-1
A. Properties which are regulated by this Chapter:
1. Any real property upon which any protected tree is located.
2. All municipal / public domain property.
Section 5.7 Permit and Fee Requirements
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. Tree Removal Permit: A request for a tree removal permit must be submitted and
approved prior to the removal of any tree. Where any tree is slated for removal, no site
grading, dirt disturbance or new construction may occur on the property until a tree
removal permit has been issued.
B. Fees: All tree removal permits shall be accompanied by a check made payable to the
City of Colleyville per the following schedule:
1. The resident of a single family home removing all or a portion of a tree which exists
on the lot of record on which the single family home is built:………no fee required.
Exception: For properties larger than two acres in size, if more than five protected
trees are removed as part of a tree removal permit, the administrative official may
require payment of a fee per sub-section two below only if the Administrative Official
determines an intent to “clear cut” the property as described in Section 5.10(A)1b.
2. All other properties including rights-of-way:…….$50.00, plus $25.00 per protected
tree on the property, right-of-way, or development site. For residential subdivisions,
the entire subdivision shall be considered the development site. Upon application
submittal, the total number of protected trees on the site, including exempted areas,
shall be indicated on the application form in order to determine the fee, which shall
be paid at the time of submittal. If, upon review of the application and/or tree
preservation plan, it is determined that the amount of protected trees tallied is
incorrect, the difference in the fee calculation shall be paid, or refunded, prior to the
issuance of the tree removal permit.
Section 5.8 Submittal Requirements for Tree Removal Permits
Any tree removal permit request that requires the removal of a protected tree shall be
accompanied by a tree preservation plan. As determined by the Administrative Official, tree
removal permit applications that require no fee as listed in Section 5.7(B) above or require the
removal of a minimal amount of trees on existing developed properties or within existing rights-of-
way may not require a complete tree preservation plan and may only require a description of the
trees to be removed showing a limited portion of a site or right of way may be based on an exhibit
showing only that portion of the site.
A. TREE PRESERVATION PLAN – Note: a tree preservation plan shall be submitted with a
tree removal permit application form including payment of the required fee. The items
required on a tree preservation plan shall, at a minimum, include the following:
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.
Page 5-2
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, canopies and species of all existing protected 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. All protected trees shall be assigned a unique number
classification.
5. Proposed general areas or locations of the replacement trees.
6. Locations of all critical root zones as defined in Chapter 2 – Definitions.
Additionally, tree information required shall be summarized in tabular form on the
mitigation table in a format matching the example below and shall include:
7. The detailed list of trees to be removed including the classification number, exempt or
non-exempt status, and whether the tree is to be saved or removed.
8. The total diameter of trees to be removed.
9. Replacement trees listed by species name, quantity, size and total diameter required
for replacement of trees. (See Section 5.15 for replacement tree list.)
10. The tree preservation plan must be prepared and sealed by a registered landscape
architect in the State of Texas.
Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan
Tree
Species
Number
of Trees
on Site
Total
Caliper
Inches
Number
of
Exempt
Trees
Removed
Caliper
Inches
Exempt to be
Removed
Number of
Non-
Exempt
Trees
Removed
Caliper
Inches Non-
Exempt to
be Removed
Replacement
Trees to be
Planted
(3" Caliper)
Red Oak 12 108 3 42 1 12 4
Post Oak 35 350 18 168 2 24 8
Cedar 10 89 1 12 0 0 0
Pecan 5 75 0 0 5 75 25
TOTAL 62 622 22 222 8 111 37
B. Permit Validity: Permits for tree removal issued in connection with a building permit,
subdivision plat and site plan shall be valid for the period of that plat’s, 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 thirty (30) days after the issue date
on the permit.
C. Timing of Submittal: The tree preservation plan shall be submitted as follows:
1. New subdivisions that include new streets and/or significant public improvements –
submitted on or before the subdivision plat application submittal.
Page 5-3
2. New commercial construction – submitted on or before the submittal of the required
administrative site plan application.
3. New home construction on existing platted lots – submitted on or before the building
permit application submittal.
4. All other situations – as required by the Administrative Official.
D. Construction Plan Notations - The following notes shall be required to be shown on 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 critical root zone. 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 truck
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 protected 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.
Section 5.9 Minimum Tree Preservation Requirements
A. Whenever a new residential subdivision plat is submitted for review, 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
compliance with the minimum tree preservation requirements of this section. In the event
Page 5-4
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 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 plat application.
B. Minimum Existing Tree Preservation Requirements: When any new construction occurs,
there shall be a minimum number of trees protected on the property. For new residential
subdivisions, the entire boundary of the subdivision shall be considered as one property
for the purpose of this section. The chart below shall be used to determine the minimum
protection requirements:
Existing Tree Coverage Preservation Requirements:
Percentage of existing protected canopy tree
coverage
Minimum percentage of the existing protected canopy tree coverage to be
preserved
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
For the purpose of this section, canopy coverage shall be calculated based on the
formula for the area of a circle with the individual tree radii equaling the diameter inches
of the trunk of each protected tree measured at 4.5 feet above the base of the tree where
it meets the ground. This calculation method may apply to developments approved, but
not finaled, prior to October 6, 2014. Protected trees located within any of the exempted
areas specified in Section 5.10(B) below may be credited toward the minimum existing
preservation coverage requirements in the above table such that no more than 50% of
the existing protected trees may be credited within an exempt area. NOTE: The
minimum preservation coverage requirements listed above shall not be eligible for
mitigation as described in Section 5.12.
C. Exemption Provisions for Preserving Native Tree Stands: Given the requirements of
Section B above, as an incentive for preserving groups of native trees in place, a
development may be exempted from the mitigation requirements of Section 5.12. The
purpose of the exemption would be to reward a more context sensitive approach in
preserving native tree clusters such that the root systems of the trees to be preserved are
not disturbed and the tree clusters left in their natural condition. In order to meet this
exemption, the development must meet the following conditions:
1. The preservation area(s) shall, at a minimum, meet the requirements of Section B
above with the following exception: the 50% credit provision shall not apply to the
exemption provisions of this section;
2. The proposed preservation area(s) shall be identified on the tree preservation plan;
3. A minimum of 80% of the trees identified within the preservation area on the plan
shall be regionally native trees, not classified as exempt, with emphasis given to
native oak species;
4. Where possible, preserved trees should be grouped together with as few detached,
designated preservation areas on the tree preservation plan as possible;
5. Final approval of the exemption provisions of this section shall be required by the
Administrative Official. If approved, notwithstanding the requirements of Section D
below, then all trees not located within a preservation area on the tree preservation
Page 5-5
plan shall be classified as exempt from the mitigation provisions of Section 5.12 and
the protection provisions of this chapter.
6. Approved preservation areas shall contain a perimeter fence, meeting the
requirements of this chapter, around the entire preservation area until the
development construction receives approval of a final inspection from the City. Said
fence shall be placed a minimum of five feet from the outside edge of the drip line of
any tree within said area. No earthwork, vehicle and equipment storage, or
encroachments of any kind are permitted within the preservation area. No
undergrowth shall be removed from a preservation area.
D. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions,
may not be classified as exempted trees, regardless of whether or not they are located in
any exempted area.
Section 5.10 Exempt and Non-Exempt Provisions
A. Exempted Persons
1. Exempted Persons: 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 these provisions shall not be required
to obtain tree removal permits.
a. An employee of the City of Colleyville, a public utility or an authorized contractor
working in a dedicated public right-of way may in the course of business, may
remove or prune that portion of a tree which prohibits the safe construction,
repair or maintenance of a service line or facility.
b. 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. Exception:
For properties larger than two acres in size, if more than five protected trees are
removed as part of a tree removal permit, the administrative official may require
the resident to comply with the mitigation and preservation provisions of this
chapter if it is deemed that an attempt to “clear-cut” all or a portion of the property
in being made where no new accessory building, pool, building addition or other
similar construction, not involving a principal permitted use, is being proposed as
part of a submitted active building permit application. Any decision of the
Administrative Official may be appealed per the provisions in Section 5.13. As it
relates to this sub-section only, any appeal request shall not require payment of
an application fee and said request shall be scheduled on the next available
meeting.
c. 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.
d. 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.
e. 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.
Page 5-6
f. 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 non-exempt areas.
(1) A person performing work authorized by a building permit in the residential
buildable area (building setback envelope).
(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 as part of the construction of a new
subdivision only.
(4) An employee of the City of Colleyville and a public utility. Persons
specifically performing work on a public improvement as part of a new
subdivision plat or a separate dedication instrument in a dedicated public
right-of-way, drainage or utility easement are hereby exempt. For the
purpose of this sub-section, public improvements shall include any drainage
facilities, utilities or streets/sidewalks/trails. Fences, gates and open space
amenities are not considered public improvements.
B. Exempted Areas
1. New Residential Subdivisions that include public or private street dedications: Except
where noted above, the following areas shall be exempt from the tree preservation
requirements of this chapter:
a. Rights-of-way of newly dedicated streets; lots containing private streets.
b. Easements, only where new public improvements or facilities are being
constructed
c. Residential setback envelope
d. Residential driveway: Note: this area may only be declared exempt by the City
Council in a situation where no reasonable alternative driveway placement exists
on the property such that protected trees may be avoided. The City Council
determination process shall be through the submittal of an appeal request. As it
relates to this sub-section only, any appeal request shall not require payment of
an application fee and said request shall be scheduled on the next available
meeting.
2. Existing Platted Residential Lots and New Residential Subdivisions with no new
public or private street Dedications: Except where noted above, the following areas
shall be exempt from the tree preservation requirements of this chapter:
a. Residential setback envelope
b. Residential driveway: Note: this area may only be declared exempt by the City
Council in a situation where no reasonable alternative driveway placement exists
on the property such that protected trees may be avoided. The City Council
determination process shall be through the submittal of an appeal request. As it
relates to this sub-section only, any appeal request shall not require payment of
Page 5-7
an application fee and said request shall be scheduled on the next available
meeting.
3. Platted Commercial/Institutional Lots: Except where noted above, the following areas
shall be exempt from the tree preservation requirements of this chapter:
a. Trees located within the new commercial/institutional building footprint and any
tree located within five feet of said building footprint.
C. Exempted Tree Species
1. Exempted Tree Species: The following tree species shall be exempt from the tree
preservation requirements of this chapter:
a. Mesquite
b. Hackberry
c. Chinese Tallow
d. Cottonwood Trees under 18 inches in diameter width
e. Cedar trees (Cupressaceae family) - Exceptions: Any species of cedar utilized
for required landscape screening as required by the Land Development Code or
the provisions of any other City ordinance and/or conditional variance shall not
be considered as exempt. Additionally, any Eastern Red Cedar planted as a
replacement tree per the provisions of this chapter shall not be considered as
exempt. Otherwise, any eastern red cedar that does not meet the above
exceptions shall be considered exempt only if the tree is less than 13 inches in
diameter width.
f. Other regionally non-native tree species not listed on the tree replacement list in
Section 5.14 and as determined by the Administrative Official based on the
written recommendation of a certified arborist and/or landscape architect
contracted or employed by the City. Said written recommendation shall kept on
file in the appropriate development records for the property for which the
determination is made.
Section 5.11 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, public and private, 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
critical root zone 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
critical root zone of any tree.
Page 5-8
2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids
deposited within the limits of the critical root zone 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 critical root zone 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. Tree Identification: All protected trees shall be tagged with the unique classification
number described in Section 5.8. Said number shall correspond to the number listed
on the tree protection plan and shall be clearly visible and legible on a metallic
surface located between four and five feet above the base of the tree. The
classification number shall remain on the tree until all construction is complete and
final approval has been obtained by the City.
3. Protective Fencing: All protected trees shall have protective fencing located at the
tree’s critical root zone. The protective fencing shall be comprised of orange vinyl
construction fencing, with a minimum of four-foot (4’) approximate height. The
protective fencing may be located within the critical root zone of the specimen tree for
approved construction only as determined by the Administrative Official. The fencing
shall follow the delineation of the approved construction. In order to protect the trunk,
the trunks of all protected trees shall be wrapped with orange vinyl construction
fencing such that the trunk will be easily visible during construction activities.
4. 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.
5. 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.
6. Site Signage: Prior to, and during, construction activities, a sign(s), clearly visible
from any adjacent roadways, shall be placed by the developer stating the following:
“All trees located within an orange fenced area are considered protected. To report
any tree protection violations, please contact (phone number designated by the
Administrative Official)”. The Administrative Official may require the addition of more
specific contact information to the sign. Lettering shall be a minimum of 8 inches in
height, shall be legible and able to be read from a passing vehicle on any adjacent
roadway. The sign dimensions shall, at a minimum, be five feet in width and height,
The overall sign height shall be a minimum of eight (8) feet in height measured from
the ground to the top of the sign. The sign colors shall be as follows: lettering shall
be black, the sign background shall be fluorescent green.
Page 5-9
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, as
defined in Chapter 2 - Definitions. 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 shall be implemented in order to maintain oxygen and
water exchange within the tree's critical root zone.
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 critical root
zone. 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 critical root zone 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.
D. Special Designated Tree Protection Areas by Other Ordinances and Plats: Any
specifically classified tree, landscape or other similar type of classification that prescribes
that trees and/or existing landscaping shall be protected within a specifically defined area
as a condition of a zoning ordinance such as PUD or SUP, variance and/or plat shall, at a
minimum, meet the following provisions:
1. During any construction activities, said area shall be completely contained within a
fenced area meeting the tagging and fencing requirements for tree protection in this
chapter.
2. Unless authorized as part of the original approving language for said area, or where
another code requirement applies to the maintenance and upkeep of high grass,
weeds and other related nuisances, no trees, landscaping, soil or vegetation of any
kind may be removed, or otherwise disturbed, within said area and no construction of
any kind may occur except
3. Unless noted as part of the original approving language for said area, the exemption
provisions for the resident of a single family home shall apply regarding the
provisions of this section.
Page 5-10
Section 5.12 Mitigation Requirements
Any protected tree which is six inches (6”) or greater that is removed, destroyed or more than
50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per
the requirements of this section. In the event that the loss of a protected tree requires mitigation,
the party responsible for mitigation shall either replace the protected tree(s) by planting new
trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees
removed within any City right-of-way or other City owned property by anyone not exempted by
the provisions of this chapter shall be mitigated per the requirements of this section and other
applicable City ordinances.
The mitigation authorized by this section 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. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter
of replacement trees shall be planted in order to equal the total diameter inches or
fraction thereof of trees six inches (6”) or greater and slated for removal.
1. All medium and large, and palm replacement trees shall be a minimum of six inches
(6”) diameter when measured one foot (1’) above the soil line and a minimum of 12
feet in height when planted. All screening and ornamental trees shall be a minimum
of three inches (3”) diameter when measured one foot (1’) above the soil line and a
minimum of eight (8) feet in height when planted.
Examples-
a. A total of 18” diameter to be removed shall be replaced with 3 – 6” diameter
medium, large or palm trees.
b. A total of 18” diameter to be removed shall be replaced with 6 – 3” diameter
screening and ornamental trees.
2. All replacement trees shall be a species listed on the replacement tree list and
guaranteed for three years from the date of the final inspection and acceptance of the
project. In instances where a replacement tree satisfies a landscaping requirement
as regulated in Chapter 4-Landscaping and Buffering, then said tree shall be
maintained per the provisions of Chapter 4.
3. 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.
4. Replacement trees should be planted on the site 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 no more than one-half mile from the
site where the original trees were removed.
a. 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, replacem ent 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 three (3) year guarantee, plus fifteen percent (15%)
to cover administrative cost.
Page 5-11
b. A minimum of 75 percent of all replacement trees planted as part of the required
mitigation for a development under the provisions of this section shall be
classified as a medium and large tree as listed on the replacement tree list
B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the
tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All
mitigation fees shall be deposited into the City’s Tree Preservation Fund. All funds shall
be paid prior to the final approval and/or issuance of the Certificate of Occupancy.
C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 – Definitions and
noted in Section 5.8:
1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or
damaged shall be assessed and paid to the City of Colleyville and deposited into the
City’s Tree Preservation Fund. All funds shall be paid prior to the final approval
and/or issuance of the Certificate of Occupancy. or;
2. If replacement trees are to be planted, the total amount of replacement inches to be
planted shall be in an amount that is twice the diameter inches of the Heritage
Tree(s) removed and shall, otherwise, meet the requirements of Section A above.
D. Colleyville Tree Preservation Fund: All mitigation fees and non-criminal penalties
mentioned below shall be paid into the Colleyville Tree Preservation Fund. The fund
shall be administered by the City Manager or his/her designee and shall only be used for
the planting of new trees on City owned or leased properties, rights-of-way and other
public properties such as public schools, county and State properties located within the
City of Colleyville.
E. If any protected tree dies within three (3) years of the issuance of the certificate of
occupancy, final inspection or acceptance of public improvements and is brought to the
attention of the city manager or his/her designee, the original permit applicant shall be
subject to the replacement/mitigation requirements for protected trees per this section.
Section 5.13 Penalties and Violations
A. Civil Penalties: If any protected tree is removed from any real property without a tree
removal permit, or if a protected tree is injured during construction where an active tree
removal permit has been issued because of failure to follow required tree protection
measures of this chapter such that the tree dies or may reasonably be expected to die,
the City shall have the authority to impose the following penalty:
1. The violator shall plant new trees at a rate that is three times the diameter inches of
tree(s) removed. All plantings shall meet the requirements of Section 5.12. For
example, if a 20 inch diameter width tree is removed in violation of this Chapter, then
a minimum of 60 inches of new trees shall be planted. A planting plan for the new
trees shall be provided to the Administrative Official no later than 30 days from the
date of the offense. The new trees shall be planted no later than 90 days from the
date of the offense or, if the site is under construction, the new trees shall be planted
when all other required landscaping and/or mitigation is planted. The City shall have
the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the
penalty is addressed through the submittal of an approved planting plan and/or the
planting of new trees. In the event that the trees are not planted within the
prescribed timeframe, the City may delay any related administrative approvals for the
property and may impose a lien on the property until such time the trees are planted.
Page 5-12
2. If the violator, due to property constraints or other impediments, cannot plant the
required new trees mentioned in Section One, the violator may petition the City
Council through the appeal process mentioned in Section 5.14 to allow a monetary
penalty in lieu of the above planting requirements. Said monetary penalty shall be a
minimum of $750.00 per caliper inch of diameter width of the protected tree(s)
removed or damaged, payable to the tree preservation fund mentioned above. If a
tree is removed without authorization and the size of the tree cannot be determined
given the lack of a tree survey or other official documentation, then the minimum
penalty shall be $15,000.00 per tree. If approved by the City Council, said penalties
shall be paid no later than 30 days from the action of the City Council. The City shall
have the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the
penalty is paid. In the event that the penalty is not paid within the prescribed
timeframe, the City may impose a lien on the property until such time the penalty is
paid.
B. Criminal Penalty: In addition to the civil penalties of this chapter, any person violating or
failing to comply with any provision or requirement of this Chapter, including but not
limited to the mitigation requirements of this section, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall, without exception, be fined the
maximum amount of $2,000.00. 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.
Section 5.14 Appeals
Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative
Official relative to the provisions of this chapter shall be heard by the City Council.
Section 5.15 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.
REPLACEMENT TREE LIST
SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS
ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM
BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM
CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM
CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM
EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM
EASTERN RED CEDAR DESERT WILLOW BUR OAK
LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM
NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE
SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK
WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR
YAUPON HOLLY LACEY OAK EASTERN RED CEDAR
MEXICAN BUCKEYE EVE'S NECKLACE
NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD
OKLAHOMA REDBUD GINKGO BILOBA
Page 5-13
SAVANNAH HOLLY LACEBARK ELM
SUMAC LITTLE GEM MAGNOLIA
TEXAS MOUNTAIN LAUREL LIVE OAK
VITEX PECAN
WAX MYRTLE PERSIMMON
YAUPON HOLLY SHANTUNG MAPLE
SHUMARD RED OAK
SOUTHERN MAGNOLIA
Section 5.16 Amendments
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code
O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of
consultant
O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving
native tree stands, addition of fees, changes to penalties and other
modifications
Page 5-14
Page 5-1
Chapter 5
Urban Forestry
Section 5.1 Purpose of This Chapter
The purpose of this chapter is to promote, conserve, and enhance the City’s Urban Forest by:
Rrecognizing the historical and cultural importance of the Eastern Cross Timbers and its
impact on Colleyville;
rRecognizing the environmental, economic, social, and aesthetic benefits of trees;
eEncouraging and facilitating site planning and design which preserves trees and natural
areas;
pProtecting trees during construction
; lLimiting the removal of trees
; pProviding for the establishment of a diversity of native and adapted trees.
It is the further intent of this chapter to:
cCompliment Destination Colleyville,
Compliment The City of Colleyville Comprehensive Master Plan
Compliment and The City of Colleyville Parks Master Plan
as well as mMaintaining and enhanceing Colleyville’s identity as a Tree City USA.
Section 5.2 Authorization for Adoption of This Chapter
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.
Section 5.3 Variances and Appeals
Except where provided in this chapter, 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.
Section 5.4 Definitions
Definitions applicable to this chapter may be found in Chapter 2 – Definitions of this Land
Development Code.
Section 5.5 Tree Removal and Damage
No person directly or indirectly shall cut down, destroy, remove, move, damage, or effectively
destroy through damaging the roots, trunk or canopy, any tree without first obtaining the required
approvals or permits as outlined in this chapter, unless otherwise exempted by the provisions of
this chapter.
Section 5.6 Applicability
Formatted: Bulleted + Level: 1 + Aligned at: 0.32" +
Indent at: 0.57"
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Indent at: 0.5"
Page 5-2
A. Prior to the following activities, review and approval of that activity’s compliance with this
chapter (Urban Forestry Review) shall be completed by the Administrative Official unless
subject to the exemptions in Paragraph B:
1. Removal, damage, or adverse impact of any Protected Tree.
2. Construction or expansion of structures for which a building permit is required.
3. Demolition of structures.
4. Clearing, grading, excavation, filling, or paving on any site or property that has
existing Protected Trees.
5. Subdivision of land into lots by Preliminary Plat, Final Plat, Minor Plat, or Replat.
6. Required Ssite and landscape plan submittals for commercial or institutional uses
as well as any site plans that are part offor a PUD, SUP, or other Zoning Case.
B. Exemptions to Urban Forestry Review:
1. Authorized City employees or contractors and authorized Franchise Utility
employees or contractors may, in the course of official business, remove, damage,
or adversely impact Protected Trees or portions thereof which exist in a dedicated
public street right-of-way or a public utility easement which the City or Franchise
Utility has an interest in. The removal, damage, or adverse impact shall be limited
to the extent reasonably necessary to install, maintain, or replace utilities or
infrastructure. If a Tree Preservation Plan is approved showing to preserve trees
in public utility easement or street right-of-way dedicated for new or expanding
streets, then those trees shall be preserved and protected per the approved plans.
Ordinance O-98-1130 shall govern management and control of all trees within City
street right-of-ways, City public parks, and City owned facilities.
2. Any of the above activities may be done without Urban Forestry Review on
properties with an active single-family use that are one (1) acre or less in area and
where a habitable single-family home exists and is occupied as the primary
residence of the landowner. If the landowner owns contiguous individual lots or
tracts, the sum of all land shall be used to determine the size restriction of this
exemption.
3. 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.
Section 5.7 Tree Preservation and Canopy Cover
All new development and redevelopment, to include additions, shall provide a minimum site tree
canopy coverage per this Section through preservation of existing trees on the same site and
establishment of new onestrees on the same site.
A. Calculation of Tree Canopy:
1. The canopy area for each existing Protected Tree shall be assumed as a circle
having a radius in feet equal to the DBH in inches of that tree. Example: A 10 inch
DBH tree would have a canopy diameter of 20 feet and a canopy area of 314
square feet.
2. The canopy area for each new tree shall be credited based on the categories of
large, medium, and small canopy trees: Large - 2000 sqft; Medium – 1000 sqft;
Small – 100 sqft. The Administrative Official shall develop, update, and maintain
on file a list of tree species and their associated size category and canopy credit.
B. Non-single-family residential uses:
1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the
Commercial Building Envelope (includes a five (5) foot buffer) shall be required.
2. The total preservation plus tree planting credit shall have a minimum canopy area
equal to 50% of the total area of the lot(s) or tract(s).
Commented [CT1]: This is in fact the correct use of the
singular (“a…Zoning Case”)
Page 5-3
C. Development or redevelopment of single-family residential uses on individual lots or tracts:
1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the
Residential Building Envelope (includes a ten (10) foot buffer) shall be required.
2. The total preservation plus tree planting credit shall have a minimum canopy area
equal to 50% of the total area of the lot(s) or tract(s).
D. Additions and expansions to existing single-family residential uses on individual lots or
tracts:
1. When an addition or expansion to the footprint of a single-family residence equals
50% or more of the existing footprint, the regulations per Paragraphletter ‘C’ above
shall apply.
E. Development of new single-family residential subdivisions:
1. Preservation of a minimum of 50% of the Protected Tree Canopy on the entire
subdivision shall be required. The calculation shall include Protected trees located
in newly dedicated streets (public or private), public water, sanitary sewer, gas,
electric, telecommunication, drainage and general utility easements. The
calculation shall exclude trees located in existing public utility easements
containing existing in-service water, sanitary sewer, gas, electric, or
telecommunication installations as well as additional public street right-of-way
dedicated adjacent to an existing public or private street. The purpose of not
excluding trees in new streets and easements is to promote subdivision design
and layout that prioritize preservation of trees.
2. Within the required primary building setback areas (non-buildable areas for primary
structure), a minimum of 75% of the Protected Tree Canopy shall be preserved.
This is a separate calculation from that in Paragraph E.1.
3. Once the subdivision is constructed, all improvements are accepted by the City,
the Administrative Official has inspected and verified compliance with required tree
preservation, and Community Development has issued a letter of acceptance
allowing submittal of new single-family building permits, then the preservation
requirements of Paragraph C shall apply and each lot will be reviewed separately
for tree preservation and planting based on that lots remaining trees and proposed
location of single-family home.
F. Artificial Lots:
1. When more than 50% of a lot or tract being developed or redeveloped is to remain
untouched by tree removal, grading, excavation, filling, paving, or building, then an
artificial lot may be delineated around the portion being developed and serve as
the basis for calculation of tree canopy preservation and coverage. The
delineation should not leave small strips or gaps adjacent to property lines and
should generally only leave out one side of a property. Review and pre-approval
of delineation for artificial lots shall be required.
G. Dead, Declining, and Hazardous Trees:
1. Any tree that the Administrative Official determines to be dead, declining beyond
reasonable recovery effort, or that has a high or extreme hazard rating based on
the ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall
be exempt from inclusion in the review of tree preservation and canopy cover
calculation.
Section 5.8 Heritage Trees
A. Heritage Trees are those specimens that have attained a significant age and are the heritage
of earlier residents of Colleyville or simply pre-date the community. All post oaks and blackjack
oaks 15 inches DBH and larger, cottonwood, water oak, green and white ash 35 inches DBH
and larger, and all other Protected Tree species 25 inches DBH and larger are hereby
considered Heritage Trees.
Page 5-4
B. Removal of any Heritage Tree in any location shall require mitigation by one of the following
options:
1. Plant trees with a total canopy credit of five (5) times the canopy area of the
removed tree. Trees shall be planted on the same property that the Heritage Trees
are removed unless an alternative location within the City is approved by the
Administrative Official. The tree planting standards of Section 5.10 shall apply.
2. Pay into the City of Colleyville Tree Fund at a rate of $100 per DBH inch.
Section 5.9 Tree Protection Standards
The following procedures shall be followed for all construction projects which involve activity
that requires Urban Forestry Review, unless an alternative is deemed appropriate by the
Administrative Official.
A. Pre-Construction: The ensuing procedures shall be followed prior to construction.
1. All Preserved Trees shall have protective fencing located at the tree’s critical root zone.
The protective fencing shall be comprised of orange vinyl construction fencing, with a
minimum of four-foot (4’) approximate height.
2. Lumber shall be wrapped vertically around the tree trunk and held in place with wire or
any other non-damaging method if a tree is within ten (10) feet of the construction of a
building or any other situation determined by the Administrative Official that would pose
a physical risk to the tree trunk.
3. In order to prevent damage to low hanging limbs, anything that may be impacted by
equipment shall be pruned according to ANSI A300 standards.
4. Each area of tree protection shall require temporary signage that indicates the area is
a “Tree Protection Area” and to “Keep Out”. A wording standard will be developed,
updated, and maintained by the Administrative Official. The wording shall be in English
and Spanish and include the appropriate contact phone number with the City to report
violations.
B. During Construction: The following procedures shall be followed within the limits of the
Critical Root Zone (CRZ) of any Preserved Tree for any activity that is subject to the
requirements of this chapter.
1. No placement of materials intended for use in construction or waste materials
accumulated due to excavation or demolition.
2. No equipment may be cleaned or other liquids deposited. This would include but not
be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
3. No signs, wires or other attachments, other than those of a protective nature shall be
attached to the trees.
4. No vehicular and construction equipment traffic or parking.
5. Underground utilities shall be bored underneath trees’ CRZ unless pre-approved by
the Administrative Official.
6. Irrigation systems shall be designed to NOT require trenching across the critical root
zone of any tree unless otherwise approved by the Administrative Official.
7. No digging, building, paving, or elevation changes.
Page 5-5
. Section 5.10 Tree Planting Standards
All new trees required to be planted under this chapter shall meet the following standards.
A. Minimum size shall be three (3) inch caliper for large and medium canopy trees and one
and one-half (1.5) inches for small canopy trees, measured at six (6) inches above the
ground level.
B. Minimum spacing between trees is twenty thirty (30) feet for large, fifteen (15) feet for
medium, and eight (8) feet for small trees. Adjacent trees of different sizes shall meet the
spacing requirement of the smaller tree.
C. Trees shall be free from severe bark, cambium, or limb damage due to handling and
planting.
D. Trees shall be healthy and have minimal branch dieback.
E. Trees shall have a single trunk or stem unless they are a small canopy tree whose
ornamental value is attributed to having multiple stems.
F. Trees shall not have co-dominant terminal leaders.
G. Trees shall not be planted with the root collar bellow the soil and mulch shall not be piled
up against the trunk.
H. Trees shall be selected from the City of Colleyville Preferred Tree Planting List, to be
developed, updated, and maintained on file. Trees outside of the list require pre-approval
by the Administrative Official.
H.I. Trees shall not be planted in public utility easements or public street right-of-way without
approval of the Administrative Official.
. Section 5.11 Permits
A. Tree Removal Permit
1. An application for tree removal permit must be submitted, reviewed for compliance with
this chapter, and approved prior to the removal of any tree.
B. For trees that have become an immediate high hazard to persons or property, the hazard
can be mitigated to a safe condition prior to permitting, but the tree parts and evidence of
the damage should not be removed from the site unless sufficient photo evidence is taken
in advance. An after-the-fact tree removal permit will be required within 30 days of the
event and no fees or mitigation will be required as long as sufficient evidence of the hazard
can be provided. If trees are removed prior to review or approval of a tree removal permit
and no evidence can corroborate the hazard then the City may enforce the penalties of this
chapter.
C. Fees: All tree removal permits shall be accompanied by a check made payable to the City
of Colleyville per the following schedule:
1. A person that owns and has primary residence of a single-family home on a lot or
combination of contiguous adjacent lots or tracts that total more than one (1) acre will
not be charged a permit fee.
2. All others will require a $50 base fee plus an additional $25 per Protected Tree that is
to be removed.
3. Any tree that the Administrative Official determines to be dead, declining beyond
reasonable recovery effort, or that has a high or extreme hazard rating based on the
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ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be
exempt from fees under this Section 5.11(C).
Section 5.12 Plan Submittals
All activity that requires Urban Forestry Review shall have the following plans submitted for review.
The Administrative Official shall maintain and keep on file an outline for all specific items required
on the following plans as well as any permit applications or additional documents required for
review of each activity.
A. Tree Survey: shall include, but is no limited to, an inventory of all Protected Trees on the
property, property boundaries, property easements, existing structures and paving, tree
trunk location, a unique tree identification number, common name or species, trunk
Diameter at Breast Height (DBH), and an outline of the Critical Root Zone (CRZ). If there
are no Protected Trees on the property the Administrative Official may waive this submittal.
B. Urban Forestry Plan shall include, but is not limited to: property boundaries and easements;
building setbacks; all Protected Trees; identify trees to be removed or preserved; outline
the preserved trees’ CRZ; show grade changes; show all new improvements such as
structures, paving, major utilities; show locations, types, and sizes of new trees.
Section 5.13 Penalties and Violations
A. Civil Penalty: The Administrative Official shall have the authority to impose a civil tree
mitigation penalty on any person, firm, or corporation who causesIf any Protected Tree is
to be cut down, destroyed, removed, moved, damaged, or effectively destroyed through
damaging the roots, trunk or canopy without first obtaining the required approvals or
permits as outlined in this chapter. The violator shall, the Administrative Official shall have
the authority to impose a civil tree mitigation penalty requiring the applicant to choose one,
or a combination of, the violation remedy options contained in this section. The City shall
have the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the penalty
is addressed. Where the dbh size of any tree cannot be measured due to that part of the
tree being removed from the site or destroyed, the City shall have the authority to estimate
the tree’s dbh size based on any remaining physical evidence, photos, and documents.
1. Option 1. Tree Planting: The violator shall plant new trees with a canopy credit equal
to five (5) times the canopy area of the removed trees. If the tree is a Heritage Tree,
then the violator shall plant new trees with a canopy credit equal to ten (10) times the
canopy area of the removed tree. All tree plantings shall meet the standards of Section
5.10. Trees shall be planted on the same property that the violation occurred unless
an alternative location within the City is approved by the Administrative Official. A
tree planting plan and timeline for installation of the new trees shall be provided to the
Administrative Official no later than 30 days from the date of the offense. The new
trees shall be planted no later than 90 days from the date of the offense or, if the site
is under construction, the new trees shall be planted prior to final inspections. In the
event that the trees are not planted within the prescribed timeframe, the City may delay
any related administrative approvals for the property and may impose a lien on the
property until such time the trees are planted.
2. Option 2. Tree Fund: The violator shall pay into the City of Colleyville Tree Fund at a
rate of $250 per DBH inch of tree removed. If the tree is a Heritage Tree, then the
violator shall pay $500 per DBH inch of tree removed. Payment must be provided no
later than 30 days of after the Offense. In the event that the trees fees are not planted
Page 5-7
paid within the prescribed timeframe, the City may delay any related administrative
approvals for the property and may impose a lien on the property until such time the
trees fess are plantedpaid.
B. Criminal Penalty: In addition to the civil penalties of this chapter, where any person, firm,
or corporation violating violates or failing fails to comply with any provision or requirement
of this chapter, the Administrative Official shall have the authority to issue a citation for a
misdemeanor to any and all such persons, firms, or corporations, who upon conviction shall
be fined not more than two thousand dollars ($2,000.00) per violation.including but not
limited to the mitigation requirements of this section, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum
amount of $2,000.00. When the violation involves the cutting down, destruction, removal,
or damage to a Protected Tree, each tree shall be considered a separate offense.
Additionally, 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.
Section 5.14 Appeals
Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative
Official relative to the provisions of this chapter shall be heard by the City Council.
Section 5.16 Amendments
Reserved for listing of amendments to this chapter.
Ord. Number Date Subject
O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code
O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of
consultant
O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving
native tree stands, addition of fees, changes to penalties and other
modifications