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Home My WebLink AboutItem 07 & 30 - AM17-04 Zoning Ordinance Amendments MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER 5*'CL SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JANUARY 16, 2018 SUBJECT: AM17-04 - ZONING ORDINANCE AMENDMENTS TO SECTION 52, TREE PRESERVATION AND SECTION 53, LANDSCAPING REGULATIONS RECOMMENDATION: City Council and the Planning and Zoning Commission to consider the proposed amendments to Section 52, Tree Preservation and Section 53, Landscaping Regulations relative to approved trees meeting minimum landscaping requirements, and take any necessary action. BACKGROUND: The approved tree list adopted by the City of Grapevine currently allows ornamental pear trees ("Callery Pear") as acceptable trees to meet landscaping requirements. Varieties of ornamental pear trees include "Rancho", "Aristocrat", "Capital", and "Bradford". Unfortunately, these trees have proven to be short lived, disease prone, and brittle. These trees often receive the greatest damage during wind and ice storms, and there are examples throughout the city of these trees in horribly deformed and/or dying condition. Another problematic tree is the Bald Cypress. These trees not only require tremendous amounts of water, but also have rampant and destructive root systems, making them a very poor choice as a general landscaping tree. Staff recommends removing these trees from the Required Tree List for Required Landscaping as shown in the attachment. Staff has consulted the Parks and Recreation Director, who also recommends this amendment. R:\Agenda\2018\2018-01-16\AM17-04.4.1.doc 1/10/2018 11:40:45 AM City of Grapevine REQUIRED TREE LIST FOR REQUIRED LANDSCAPING (Excluding Landscape Islands) (Medium to Large Deciduous Trees) Tree Name Scientific Name Height Width Bald Cypress (Taxodium distichum) 40' 60' 30' 40' Burr Oak (Quercus macrocarpa) 50'-60' 40'-50' Callery Pear (Pyrus calleryana) 30' 15' 25' (*Varieties: "Rancho", "Aristocrat", "Capital" "Bradford") Cedar Elm (Ulmus rassifolial) 50'-60' 40'-50' Chinese Pistacho (Pistacia chinensis) 40'-50' 40'-50' Chinquapin Oak (Quercus muhlenbergii) 50'-60' 40'-50' Pecan (Carya illinoensis) 50'-60' 40'-50' Shumard Red Oak (Quercus shumardii) 50'-60' 40'-50' Texas Red Oak (Quercus shumardii) 30'-35' 20'-30' Western Soapberry (Sapindus drummondii) 30'-40' 25'-35' Southern Magnolia (Magnolia grandiflora) 60'-80' 30'-50' Lacey Oak (Quercus glancoides) EVERGREEN TREES 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' Eldarica Pine (Pinus eldarica) 30'-40' 25'-30' Japanese Black Pine (Pinus thunbergiana) 20'-50' 20'-30' R:\Agenda\2018\2018-01-16\AM17-04.4.1.doc 1/9/2018 12:23:14 PM 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" R:\Agenda\2018\2018-01-16WM 17-04.4.1.doc 1/9/2018 12:23:14 PM City of Grapevine REQUIRED TREE LIST FOR LANDSCAPE ISLANDS (Medium to Large Deciduous Trees) Tree Name Scientific Name Height Width Bald Cypress (Taxodium distichum) 40' 60' 30' 40' Burr Oak (Quercus macrocarpa) 50'-60' 40'-50' Callery Pear (Pyrus calleryana) 30' 15' 25' (*Varieties: "Rancho", "Aristocrat", "Capital" "Bradford") Cedar Elm (Ulmus rassifolial) 50'-60' 40'-50' Chinese Pistacho (Pistacia chinensis) 40'-50' 40'-50' Chinquapin Oak (Quercus muhlenbergii) 50'-60' 40'-50' Pecan (Carya illinoensis) 50'-60' 40'-50' Shumard Red Oak (Quercus shumardii) 50'-60' 40'-50' Texas Red Oak (Quercus shumardii) 30'-35' 20'-30' Western Soapberry (Sapindus drummondii) 30'-40' 25'-35' Southern Magnolia (Magnolia grandiflora) 60'-80' 30'-50' Lacey Oak (Quercus glancoides) EVERGREEN TREES 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' Eldarica Pine (Pinus eldarica) 30'-40' 25'-30' Japanese Black Pine (Pinus thunbergiana) 20'-50' 20'-30' R:\Agenda\2018\2018-01-16W M 17-04.4.1.doc 1/9/2018 12:23:14 PM Leyland Cypress (Cupressocyparis leylandi) 20'-40' 40'-50' Live Oak (Quercus virginiana) 25'-35' 35'-55' Yaupon Holly (Ilex vomitoria) 12'-18' 10'-15' R:\Agenda\2018\2018-01-16WM17-04.4.1.doc 1/9/2018 12:23:14 PM ORDINANCE NO. 2018-009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 52, TREE PRESERVATION AND SECTION 53, LANDSCAPING REGULATIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 52 and Section 53, of the Zoning Ordinance of the City of Grapevine regulates tree preservation and landscape regulation standards; and WHEREAS, the City Council wishes to amend Sections 52 and 53 of the Zoning Ordinance; 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; and WHEREAS, the City Council deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare of the public. 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. Section 52 of the Zoning Ordinance — "Tree Preservation", is hereby amended by removing Bald Cypress and Callery Pear from the required list of trees. Section 3. Section 53 of the Zoning Ordinance — "Landscape Regulations", is hereby amended by removing Bald Cypress and Callery Pear from the required list of trees. 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 two thousand dollars ($2000.00) 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of January, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney Ordinance No. 2018-009 2