Loading...
HomeMy WebLinkAboutItem 06 - Tree PreservationMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: pro. EM „ „„ 11 iz, d- // HONORABLE MAYOR, CITY COUNCIL MEMBERS AND MEMBERS OF THE PLANNING AND ZONING COMMISSION BRUNO RUMBELOW, CITY MANAGER 1 SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR! 1 AUGUST 16, 2011 AM11 -05 AMENDMENTS TO GRAPEVINE COMPREHENSIVE ZONING ORDINANCE, SECTION 52, TREE PRESERVATION City Council and Planning and Zoning Commission to consider possible amendments to Grapevine Comprehensive Zoning Ordinance, Section 52, Tree Preservation and take any necessary action. BACKGROUND INFORMATION: Section 52, Tree Preservation has always been intended to apply to both developed and undeveloped properties. It has also always been intended to apply to both residential and non - residential property with the only exception being developed, owner occupied single family property. Recently, the City Attorney has recommended minor changes to help clarify the ordinance. The proposed amendments reflect these changes to Section 52A and Section 52C. 0:IZWAM11- 05.4.doc 8/9120118:17:00 AM 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 coverwithin 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 owner - occupied single - family residential property. - rental ro erties are not excluded and are specifically subiect 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. 1. 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 u00,D ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BYAMENDING SECTION 52, TREE PRESERVATION PROVIDING A PENALTY NOTTO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITYOF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 82 -73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 52, Tree Preservation is hereby amended by amending subsection A. to read as follows: "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. That Section 52, Tree Preservation is hereby amended by amending subsection CA. to read as follows: 14. The yard areas of all developed property, excluding owner - occupied single - family residential property; rental properties are not excluded and are specifically subject to the provisions of this ordinance." Section 2. That any person 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 Two 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 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or 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 4. That 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 inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th of August 2011. ►s1 ,ZI0OIT /:I�� ATTEST APPROVED AS TO FORM: ORD. NO. 2