HomeMy WebLinkAboutWS Item 01 - Tree Preservation�/ ITEM # _
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JULY 19, 2011
SUBJECT: WORKSHOP - AM11 -05 AMENDMENTS TO GRAPEVINE
COMPREHENSIVE ZONING ORDINANCE, SECTION 52, TREE
PRESERVATION
RECOMMENDATION:
City Council to consider possible amendments to Grapevine Comprehensive Zoning
Ordinance, Section 52, Tree Preservation and take any necessary action.
BACKGROUND INFORMATION:
Staff has recently encountered a situation where a renter of a single family residence cut
down a very large oak tree on the property he was renting.
The renter was told that the tree must be replaced per the zoning ordinance, or an
equivalent dollar amount deposited in the Parks and Recreation Department's reforestation
fund. The owner refused, and was issued numerous citations.
However, the City Attorney has determined that the ordinance is somewhat vague relating
to tree removal from developed and/or rental property. Therefore, the draft ordinance
provides language that clarifies that it applies to both developed and undeveloped
properties, and that it specifically applies to rental properties.
If City Council has no objections, this will be brought to the next joint public hearing in
August.
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DRAFT Section 52, Tree Preservation
Section 52. Tree Preservation
A. PURPOSE. The purpose of this section is to establish rules and regulations
governing the protection of trees and vegetation cover within the City of Grapevine,
to encourage the protection of healthy trees and vegetation and to provide for the
replacement and replanting of trees that are illegally removed from developed or
undeveloped property, or are necessarily removed during construction,
development, or redevelopment.
B. DEFINITIONS. The following definitions shall apply to this chapter:
1. BUILDABLE AREA: That portion of a building site exclusive of the required
yard areas on which a structure or building improvements may be erected,
and including the actual structure, driveway, parking lot, pool, and other
construction as shown on the site plan.
2. DRIP LINE: A vertical line run through the outermost portion of the crown of
a tree and extending to the ground.
3. HISTORIC TREE: A tree which has been found by the City to be of a
notable historic interest because of its age, type, size or historic association
and has been so designated as part of the official records of the City.
4. PERSON: Any corporation, partnership, association or other artificial entity;
or any individual; or any agent or employee of the foregoing.
5. SPECIMEN TREE: A tree which has been determined by the City to be of
high value because of its type, size, or other professional criteria, and which
has been so designated as part of the official records of the City.
6. TREE, PROTECTED: Any self-supporting woody perennial plant which has a
caliper of three (3) inches or more when measured at a point of four and
one -half (4 -112) feet above ground level and which normally attains an overall
height of at least twenty (20) feet at maturity, usually with one (1) main stem
or trunk and many branches. It may appear to have several stems or trunks
as in several varieties of oaks.
7. TREE TOPPING: The severe cutting back of limbs to stubs largerthan three -
inches (3") in diameter within the tree's crown to such a degree so as to
remove the normal canopy and disfigure the tree.
8. YARD AREA: The front, side and rear yard areas as required under the
111505 1 Section 52
DRAFT Section 52, Tree Preservation
Comprehensive Zoning Code and the zoning district requirements applicable
thereto.
C. APPLICABILITY. The terms and provisions of this section shall apply to real
property as follows:
1. All real property upon which any designated specimen or historic tree is
located.
2. All vacant and undeveloped property.
3. All property to be redeveloped, including additions and alterations.
4. The yard areas of all developed property, excluding developed -aid owner -
occupied single - family residential property. - mental properties are not
excluded and are specifically subject to the provisions of this
ordinance.
5. All easements and rights -of -way except those included in a plat approved by
City Council shall meet the terms and provisions of this section.
D. TREE PERMIT REQUIRED.
A Tree Preservation Permit may be required by City Council and approved in
connection with a request for a zone change, conditional use or special use
permit request or when a plat (preliminary, final, or replat) is filed, unless one
has already been approved. This permit shall be prepared by a registered
landscape architect, registered architect, registered engineer or registered
surveyor.
2. A Protected Tree Removal Permit shall be required when Protected Trees
are to be removed from a site. No person, directly or indirectly, shall cut
down, destroy, remove or move, or effectively destroy through damaging,
any Protected Tree, specimen tree or historic tree situated on property
described above without first obtaining approval from the Director of
Development Services and a Protected Tree Removal Permit unless the
conditions of Section 52.1-1.1 and 52.1-1.2 apply. A registered landscape
architect, registered architect, registered engineer or registered surveyor
shall prepare a permit submitted for approval by the Planning and Zoning
Commission. A Tree Removal Permit and/or Protected Tree Removal Permit
submitted for approval by Development Services Staff does not have to be
prepared by a registered landscape architect, registered architect, registered
111505 2 Section 52
engineer or registered surveyor.
Section 52, Tree Preservation
E. TREE PRESERVATION PERMIT. The purpose of this requirement is to provide a
review process to preserve the existing natural environment whenever possible and
to encourage the preservation of large specimen trees throughout any construction
or land development. The Tree Preservation Permit shall include the following:
°l. Location of all existing or proposed structures, improvements such as
streets, alleyways etc. and site uses, properly dimensioned and referenced
to property lines, setback and yard requirements.
2. Date, scale, north point, and the names, addresses and telephone numbers
of both property owner and the person preparing the plan.
3. Location of existing and proposed utility easements and drainage easements
on the lot.
4. Location and dimensions of visibility triangles on the lot.
5. The City Council shall dictate what caliper size tree to survey for purposes of
preservation of existing trees. Protected Trees to remain shall be designated
by a circle.
6. The City Council shall dictate what caliper size tree to survey for purposes of
removal. Protected Trees to be removed shall be designated by a triangle.
7. Tree information required above shall be summarized in legend form on the
plan and shall include the reason for the proposed removal. This same
summary shall also be submitted on an 8.5" x 11" sheet of paper.
8. Protected Tree Replacement Plan: The plan shall exhibit the location of
proposed Protected Trees to be replaced and include a legend indicating the
species, caliper size and height of proposed Protected Tree replacement.
Replacement trees shall be designated by a square. The legend shall also
be submitted on an 8.5" x 11" sheet of paper.
(a) No replacement tree may be planted within a visibility triangle, a water
course, or an existing or proposed street or alley.
(b) A replacement tree must have a minimum caliper of at least three (3)
inches when measured at six (6) inches above ground level.
111505 3 Section 52
DRAFT Section 52, Tree Preservation
(c) A replacement tree that dies within two years of the date it was
planted must be replaced by another replacement tree that complies
with the Tree Preservation Permit.
9. Tree Protection Plan: The plan shall describe how existing, healthy Protected
Trees proposed to remain will be protected from damage during any
construction or land development in accordance with Section 52.J., Tree
Protection.
F. PROTECTED TREE REMOVAL PERMIT. Permits for removal or replacement of
Protected Trees covered herein shall be obtained by making application on a form
prescribed by the City and submitted to the Director of Development Services. The
application shall be accompanied by a preliminary plat showing the exact location,
caliper size, height, and common name of all Protected Trees to be removed. The
application shall also be accompanied by a written document indicating the reasons
for removal or replacement of Protected Trees and two (2) copies of a legible site
plan drawn to the largest practicable scale indicating the following:
Location of all existing or proposed structures, improvements such as
streets, alleyways, etc. and site uses, properly dimensioned and referenced
to property lines, setback and yard requirements and special relationships.
2. Date, scale, north point, and the names, addresses and telephone numbers
of both property owner and the person preparing the plan.
3. Existing and proposed site elevations, grades and major contours.
4. Location of existing and proposed utility easements and drainage easements
on the lot.
5. Location and dimensions of visibility triangles on the lot.
6. Survey locating Protected Trees on the site to remain that are three (3) inch
caliper or greater when measured at a point four and one -half (4 -112) feet
above the ground level. Protected Trees to remain shall be designated by a
circle
7.. Survey locating trees on the site to be removed that are three (3) inch caliper
or greater when measured at point four and one -half (4 -112) feet above the
ground level. Protected Trees to be removed shall be designated by a
triangle.
111505 4 Section 52
Section 52, Tree Preservation
8. Tree information required above shall be summarized in legend form on the
plan and shall include the reason for the proposed removal. This same
summary shall also be submitted on an 8.5" x 11" sheet of paper.
9. Protected Tree Replacement Plan: The plan shall exhibit the location of
Protected Trees proposed to be replaced and include a legend indicating the
species, caliper size and height of proposed tree replacement. Replacement
trees shall be designated by a square. The legend shall also be submitted
on an 8.5" x 11" sheet of paper.
(a) No replacement tree may be planted within a visibility triangle, a water
course, or an existing or proposed street or alley.
(b) A replacement tree must have a minimum caliper of at least three (3)
inches when measured at six (6) inches above ground level.
(c) A replacement tree that dies within two years of the date it was
planted must be replaced by another replacement tree that complies
with the Tree Preservation Permit.
10. Tree Protection Plan: The plan shall describe how existing healthy Protected
Trees proposed to be retained will be protected from damage during
construction.
G. APPLICATION REVIEW. Upon receipt of a proper application, the Planning and
Zoning Commission shall review the application for new subdivisions and for platted
lots, the Director of Development Services shall review applications for platted lots;
said review may include a field inspection of the site, and the application may be
referred to such Departments as deemed appropriate for review and
recommendations. Following the review and inspection, the permit applications will
be approved, disapproved, or approved with conditions by the Planning and Zoning
Commission or Director of Development Services as appropriate, in accordance
with the provisions of this chapter.
H. PROTECTED TREE REMOVAL:
1. No Protected Tree or trees shall be removed prior to issuance of a building
permit unless one of the following conditions exist:
(a) The Protected Tree is located in a utility easement or public street
right -of -way as recorded on a plat approved by the City Council.
111505 5 Section 52
DRAFT
Section 52, Tree Preservation
In the event that certain Protected Trees outside the above areas or
Protected Trees based partially outside the easement are requested
to be removed to allow the operation of equipment, the applicant shall
submit a Plat and Site Plan which indicates the exact operation area
needed. The Public Works Staff must approve all requests for tree
removal within these areas.
(b) The Protected Tree is diseased, injured, in danger of falling, interferes
with utility service, creates unsafe vision clearance, or conflicts with
other ordinances or regulations with the approval of the Director of
Development Services:
(c) Except for the above, under no circumstances shall there be clear
cutting of Protected Trees on a property prior to the issuance of a
building permit.
(d) Development Services Staff may approve the removal of Protected
Trees that interfere with the construction of a building and /or the
drainage of a lot.
(e) The Public Works staff may approve of the removal of a Protected
Tree or Trees located within a drainage easement if the removal is
determined to be necessary to ensure the proper construction or
maintenance of said drainage easement.
(f) The following species of trees are exempt from the protection and
preservation requirements stated within this ordinance except when
located in a floodplain or watercourse as defined by the City or other
government agency and provided that the subject tree is less than ten
(10) caliper inches in diameter:
Hackberry
Cottonwood
Honey Locust
Bois d'Arc
Mesquite
This list is subject to change and will be periodically reviewed and
updated if necessary by the Planning and Zoning Commission.
2. Upon issuance of a building permit, developer shall be allowed to remove
Protected Trees located on the buildable area of the property. Protected
111505 6 Section 52
DRAFT Section 52, Tree Preservation
Trees located in required yard areas, buffers and open space areas shall be
maintained. The buildable area shall include sufficient adjacent area to allow
the normal operation of construction equipment. Prior to any tree removal,
an inspection by the Building Department shall be required and written
approval from the Building Official shall be granted before said tree(s) are
removed.
I. PROTECTED TREE REPLACEMENT REQUIREMENTS
In the event that it is necessary to remove Protected Tree(s) outside the buildable
area, the developer, as a condition of issuance of a Protected Tree removal permit,
may be required to replace the Protected Tree(s) being removed with comparable
trees somewhere within the site.
1. REPLACEMENT TREE SPECIFICATIONS: A sufficient number of trees shall
be planted to equal, in caliper, the diameter of the tree removed. Said
replacement trees shall be a minimum of three (3) inches caliper and seven
(7) feet in height when planted, and shall be selected from the list of
approved replacement trees maintained by the Director of Development
Services as approved by the Planning and Zoning Commission. Protected
Trees that are removed without a permit shall be replaced at a number
equivalent to 125% of those Protected Trees removed from the site as
estimated by the Director of Development Services.
2. REPLACEMENT PROCEDURES: At the time of review, the agent
responsible for placement, the time of replacement and the location of the
new trees will be determined by the Director of Development Services. The
replacement trees shall be located on the subject site whenever possible.
However, if this is not feasible, the City has the authority to allow the planting
to take place on another property. A replacement tree that dies within two
years of the date it was planted must be replaced by another replacement
tree that complies with the Tree Preservation Permit. No certificates of
occupancy shall be issued for the site until all required replacement trees
have been planted.
3. TREE REFORESTATION FUND: In situations in which it is not feasible to
place the replacement trees on either the subject site or an alternate site, the
applicant, upon approval of the Director of Development Services, may make
a payment into the Tree Reforestation Fund. The fund amount shall be
equivalent to 100% of the tree replacement cost. For those Protected Trees
removed without a permit, the fund amount shall be the equivalent of 125%
of the tree replacement cost. The funds shall be used only for purchasing
111505 7 Section 52
DRAFT Section 52, Tree Preservation
and planting trees on public property or acquiring wooded property that shall
remain in a naturalistic state in perpetuity. The amount of payment that is
required for each replacement tree should be calculated based on a
schedule published annually by the City, which sets forth the average cost of
a quality tree added to the average cost of planting a tree. No certificates of
occupancy shall be issued for the site until the required payment has been
made to the Tree Reforestation Fund.
J. TREE PROTECTION. During any construction or land development, the developer
shall clearly mark all Protected Trees to be maintained and may be required to erect
and maintain protective barriers around all such trees or groups of trees. The
developer shall not allow the movement of equipment or the storage of equipment,
materials, and debris or fill to be placed within the drip line of any Protected Tree.
During the construction stage of development, the developer shall not allow the
cleaning of equipment or material under the canopy of any Protected Tree or trees
to remain. Neither shall the developer allow the disposal of any waste material such
as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the
canopy of any Protected Tree or Trees.
No attachment or wires of any kind, other than those of a protective nature, shall be
attached to any Protected Tree.
K. TREE PRUNING RESTRICTIONS
GENERAL: No Protected Tree shall be pruned in a manner that significantly
disfigures the tree or in a manner that would reasonably lead to the death of the
tree.
ALLOWED PRUNING: The City may approve pruning of a Protected Tree in
cases where Protected Trees must be strategically pruned to allow
construction or demolition of a structure. All pruning of Protected Trees by
franchise utility companies to ensure the safe operation of utility services
shall be allowed. When allowed, all pruning shall be by approved by
arboricultural techniques. This section is not intended to require a tree
permit for reasonable pruning performed or contracted to be performed by
the owner of the tree when unrelated to construction activity.
2. REQUIRED PRUNING: The owners of all trees adjacent to public right -of-
way shall be required to maintain a minimum clearance of ten feet (10')
above the traveled pavement or curb of a public street. Said owners shall
also remove all dead, diseased or dangerous trees, or broken or decayed
111505 8 Section 52
DRAFT Section 52, Tree Preservation
limbs that constitute a menace to the safety of the public. The City shall also
have the right to prune trees overhanging within public right -of -way which
interfere with the proper spread of light along the street from a street light or
interfere with visibility of any traffic control device or sign or as necessary to
preserve the public safety.
3. TREE TOPPING: It shall be unlawful as a normal practice for any person,
firm or city department to top any tree. Trees severely damaged by storms
or other causes or certain trees under obstructions where other pruning
practices are impractical may be exempted from this ordinance at the
determination of the Director of Development Services.
L. EXCEPTIONS. In the event that any tree shall be determined to be in a hazardous
or dangerous condition so as to endanger the public health, welfare or safety, and
require immediate removal without delay, authorization may be given by the Director
of Development Services and the tree may then be removed without obtaining a
written permit as herein required.
During the period of an emergency such as a tornado, storm, flood, or other act of
God, the requirements of this Ordinance may be waived as may be deemed
necessary by the City Council.
All licensed plant or tree nurseries shall be exempt from the terms and provisions of
this Section only in relation to those trees planted and growing on the premises of
said license, which are so planted and growing for the sale or intended sale to the
general public in the ordinary course of said licensee's business.
Utility companies franchised by the City may remove trees which endanger public
safety and welfare by interfering with utility service, except that where such trees are
on owner - occupied properties developed for one - family use, disposal of such trees
shall be at the option of the property owner.
M. EXEMPTION. This Ordinance shall not apply to any development that has received
final plat approval prior to the effective date of this Ordinance.
111505 9 Section 52
111 Z7=
Tree Name
Bald Cypress
Burr Oak
Callery Pear
Section 52, Tree Preservation
City of Grapevine
REQUIRED TREE LIST FOR REQUIRED LANDSCAPING
(Excluding Landscape Islands)
(Medium to Large Deciduous Trees)
Scientific Name Height
(Taxodium distichum) 40' -60'
(Quercus macrocarpa) 50' -60'
(Pyrus calleryana) 30'
( *Varieties: "Rancho ", "Aristocrat ",
"Capital" "Bradford ")
Cedar Elm
(Ulmus rassifolial)
50' -60'
Chinese Pistacho
(Pistacia chinensis)
40' -50'
Chinquapin Oak
(Quercus muhlenbergii)
50' -60'
Pecan
(Carya illinoensis)
50' -60'
Shumard Red Oak
(Quercus shumardii)
50' -60'
Texas Red Oak
(Quercus shumardii)
30' -35'
Western Soapberry
(Sapindus drummondii)
30'-40'
Southern Magnolia
(Magnolia grandiflora)
60' -80'
Lacey Oak
(Quercus glancoides)
EVERGREEN TREES
Width
30' -40'
40' -50'
15' -25'
40' -50'
40' -50'
40' -50'
40' -50'
40' -50'
20' -30'
25' -35'
30' -50'
Afghan Pine
(Pinus eldarica)
30' -40'
25' -30'
Austrian Pine
(Pinus nigra)
20' -25'
10' -15'
Eastern Red Cedar
(Juniperus virginiana)
30' -40'
20' -30'
111505 10 Section 52
DRAFT
Section , Tree Preservation
Eldarica Pine
(Pinus eldarica)
30' -40'
25' -30'
Japanese Black Pine
(Pinus thunbergiana)
20' -50'
20' -30'
Leyland Cypress
(Cupressocyparis leylandi) 20' -40'
40' -50'
Live Oak
(Quercus virginiana)
25' -35'
35' -55'
Yaupon Holly
(Ilex vomitoria)
12' -18'
10' -15'
(Small Deciduous Trees)
Desert Willow
(Chilopsis linearis)
15' -30'
15' -25'
Eve's Necklace
(Sophora affinis)
15' -25'
15' -20'
Mexican Plum
(Prunus mexicana)
15' -25'
15' -20'
Possumhaw holly
(Ilex decidua)
15' -20'
10' -15'
Redbud
(Cercis canadensis)
20' -25'
15' -20'
"Oklahoma"
111505 1 Section 52
Section 52, Tree Preservation
City of Grapevine
REQUIRED TREE LIST FOR LANDSCAPE ISLANDS
(Pinus eldarica)
(Medium to Large Deciduous Trees)
Tree Name
Scientific Name
Height
Bald Cypress
(Taxodium distichum)
40' -60'
Burr Oak
(Quercus macrocarpa)
50' -60'
Callery Pear
(Pyrus calleryana)
30'
( *Varieties: "Rancho ", "Aristocrat ",
"Capital" "Bradford ")
Cedar Elm
(Ulmus rassifolial)
50' -60'
Chinese Pistacho
(Pistacia chinensis)
40' -50'
Chinquapin Oak
(Quercus muhlenbergii)
50' -60'
Pecan
(Carya illinoensis)
50' -60'
Shumard Red Oak
(Quercus shumardii)
50' -60'
Texas Red Oak
(Quercus shumardii)
30' -35'
Western Soapberry
(Sapindus drummondii)
30' -40'
Southern Magnolia
(Magnolia grandiflora)
60' -80'
Lacey Oak
(Quercus glancoides)
EVERGREEN TREES
Afghan Pine
(Pinus eldarica)
30' -40'
Austrian Pine
(Pinus nigra)
20' -25'
Eastern Red Cedar
(Juniperus virginiana)
30' -40'
Eldarica Pine
(Pinus eldarica)
30'40'
Width
30' -40'
40' -50'
15' -25'
40' -50'
40' -50'
40' -50'
40' -50'
40' -50'
20' -30'
25' -35'
30' -50'
25' -30'
10' -15'
20' -30'
25' -30'
111505 12 Section 52
DRAFT Section 52, Tree Preservation
Japanese Black Pine (Pinus thunbergiana) 20' -50' 20' -30'
Leyland Cypress (Cupressocyparis leylandi) 20' -40' 40' -50'
Live Oak (Quercus virginiana) 25' -35' 35' -55'
Yaupon Holly (Ilex vornitoria) 12' -18' 10' -15'
111505 13 Section 52