HomeMy WebLinkAboutAM2011-05w i � K 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
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 Preservation
Section 52. free 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:
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 (4-1/2) 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 larger than 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 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.
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.H.1 and 52.H.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.
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:
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
YRAFT Section 52, Tree ■
reservatior
(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 (4-1/2) 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 (4-1/2) feet above the
ground level. Protected Trees to be removed shall be designated by a
triangle.
111505 4 Section 52
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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
r-�
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 •
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.
1. 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 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.
1. 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 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
MIZU1111
Tree Name
Bald Cypress
Burr Oak
Callery Pear
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
AFT
Section 52, 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 11 Section 52
111
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'
Gallery 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 vomitoria) 12'-18' 10'-15'
111505 13 Section 52
July 29, 2011
Ms. Christine Lopez
Fort Worth Star Telegram
P.O. Box 1870
Fort Worth, Texas 76102
RE: Grapevine Account # CIT 25
Dear Ms. Lopez,
VIA FACSIMILE
817-390-7520
Please find enclosed the following for publication on Sunday, July 31, 2011, in the Northeast
Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only)
IfM-1I
Notice of Public Hearing
Z11-05 & CU11-20 — Esparza's
Notice of Public Hearing
CU11-21 — Grapevine Station
Notice of Public Hearing
CU 11-22 — EatZi's
Notice of Public Hearing
CU11-23 — Towers of Grapevine
Notice of Public Hearing
Z11-03 & PD1 1-04 — Residences at Grapevine Station
Meeting Date
August 16, 2011
August 16, 2011
August 16, 2011
August 16, 2011
August 16, 2011
Notice of Public Hearing August 16, 2011
AM1 1-05 Amendments to Comprehensive Zoning Ordinance 82-73
As always, your assistance is greatly appreciated. If you have any questions please contact me
at (817) 410-3155.
CITY OF GRAPEVINE, TEXAS
On Tuesday evening, August 16, 2011 at 7:30 P.M. in the City Council Chambers, 2nd
Floor, 200 South Main Street, Grapevine, Texas, the City Council and Planning and Zoning
Commission of the City of Grapevine will hold a public hearing to consider the following
items:
Z11-05 & CU1 1 -20 — Esparza's - submitted Sun Coast Architects for property located at
124 & 204 East Worth Street and proposed to be platted as Lots 2RA and 3R, Block 32,
City of Grapevine Addition. The applicant is requesting to rezone approximately 0.2 acres
from R-7.5 Single Family Residential to CBD Central Business District and a conditional
use permit to allow outside dining in conjunction with a restaurant. The property is zoned
CBD Central Business District and is owned by EZB Restaurants.
CUII-21 — Grapevine Station - submitted by North American Properties for property
located at 1024 Texan Trail and platted as Lots 1-7, Block 1, Lots 1 RA & 2A, Block 2A,
Lots 2 & 3, Block 3, Lot 3, Block 4, Grapevine Station Addition. The applicant is requesting
a conditional use permit to eliminate 5.85 acres from the planned business park
designation. The property is zoned BP Business Park and is owned by multiple owners.
CU11-22 — EatZi's - submitted by EBG, LLC for property located at 1200 West State
Highway 114 and platted as Lot 3RI, Block 1, Towne Center Addition. The applicant is
requesting a conditional use permit to allow the possession, storage, retail sale and off -
premise consumption of alcoholic beverages (beer, and wine only) outdoor dining and
outdoor speakers in conjunction with a market and bakery. The property is currently zoned
CC Community Commercial and is owned by AJL Equity LLC.
CU11-23 — Towers of Grapevine - submitted by Ball Street Joint Venture for property
located at 1293 William D Tate Avenue and proposed to be platted as Lot 1 R2R-1 R, Block
1, Hayley Addition. The applicant is requesting a conditional use permit to revise lot lines
and allow a drive-thru restaurant with outdoor speakers. The property is zoned HC
Highway Commercial and is owned by Tate Street Joint Venture, R Koenigseder IV Family
LP, Ball Street Joint Venture and Grapevine Towers, Ltd.
Z11-03, CUI 1-24 & PD1 1-04 — Residences at Grapevine Station - submitted by North
American Properties for property located at 1022 Texan Trail and proposed to be platted
as Lot 2R, Block 4, Grapevine Station Addition. The applicant is requesting to rezone
K
10. 16 acres from BP Business Park District & CC Community Commercial District to R -MF -
2 Multifamily District for the development of a 3 -story apartment complex. The applicant is
also requesting conditional use permit for density, height, open space, front yard setback,
parking and a planned development to include but not be limited to deviation the density,
height, open space, parking, front yard setback, landscape buffer, length of buildings,
building articulation, accessory uses between building line and property line. The property
is currently zoned BP Business Park and CC Community Commercial and is owned by
Triple T Farms.
AMI 1-05 AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73 - The City
Council and the Commission will consider amendments and changes to the
Comprehensive Zoning Ordinance, No. 82-73, same being Appendix D of the Code of
Ordinances as follows: Section 52, Tree Preservation relative to tree preservation and any
other additions, deletions, or changes to various sections, articles and provisions contained
in said Ordinance No. 82-73.
After all parties have been given an opportunity to speak, the public hearing will be closed
and the Commission and the City Council will deliberate the pending matters. Please
contact Development Services Department concerning any questions, 200 S Main Street,
Grapevine, Texas 76051 or PO Box 95104, Grapevine, Texas 76099, 817-410-3155. A
copy of the site plan for all the above referenced requests is on file with the Development
Services Department.
KI
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Last Transaction
Date Time Type Identification
Jul 29 3:07pm Fax Sent 98173907520
Log for
DEVELOPMENT SERVICES
8174103018
Jul 29 2011 3:09pm
Duration Pages Result
1:15 3 OK
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF GRAPEVINE SECRETARY
PO BOX 95104
GRAPEVINE, TX 76099-9704
CITY OF GRAPEVINE, TEXAS On
Sales Discount
0D
Misc Fee
C-0
THE STATE OF TEXAS
County of Tarrant
13580 1 125
ry� � 1 -
Customer
-
Customer ID:
CIT25
Invoice Number:
317098131
Invoice Date:
7/31/2011
Terms:
Net due in 21 days
Due Date:
7/31/2011
PO Number:
Order Number:
31709813
Sales Rep:
003
Description:
CITY OF GRAPEVI
Publication Date:
7/31/2011 e,
125 LINE
$19.14 $2,392.50
X00 a,aflo L4 I � 3
Net Amount:
($2,142.50)
$20.00
$270.00
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duty sworn, did depose and say
that the attached clipping of an. advertisement was publilkd in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215-2323 q)
Signe
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Augy6t,61401 1.
Notary
Thank You For Your Payment
-7 -------------------------------------------
Remit To: Star -Telegram Customer ID: CIT25
P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR
FORT WORTH, TX 76101-2051 Invoice Number: 317098131
Invoice Amount: $270.00
PO Number:
Amount Enclosed:
CITY OF GRAPEVINE, TEXAS
On Tuesday evening, August 16, 2011
at 7:30 P.M. in the City Council,
-Chambers, 2nd Floor, 200 South
Main Street, Grapevine, Texas, the
City Council and Planning -and
Zoning Commission of the City of
Grapevine will hold a public hearing
to, consider the following items:
,211,05 & CUII.20 - Esparza,s -
sut pitted Sun Coast Architects for
pxopertylocated at 124 & 204 East
Worth Street and proposed to be
platted as Lots 2RA and 3R, Block
32, City of Grapevine Addition. The
Applicant is requesting to rezone
approximately 0.2 acres from R=7.5
ujngle Family Residential to CBD
Central Business District and a
LOnditionai use permit to allow
,outside dining in conjunction with
asTestaurant. The property is zorled
t8D Central Business District and
Js:owned by EZB Restaurants.
CU11.21 - Grapevine Station -
submitted by North American
Properties for property located at
1024 Texan Trail and platted as
ots 1-7, Block 1, Lots IRA & 2A,
Tock 2A, Lots 2 & 3, Block 3, Lot
x Ptock 4, Grapevine Station
C�Won. The applicant is re-
esting a conditional use permit
',eliminate 5,85 acres from the
awned business park designation,'
property is zoned BP Business
and is owned by multiple
= 2
at is - submitted by
LLC for property located at
D"iNest.State Highway 114 and
tted as Lot 3R1, Block 1, Towne
r Addition. Thio e applicant is
'a(lownthe podssess on,sstorage,
7 sale and off -premise con -
"tion of ;alcoholic beverages
r, and wine only) outdoor dining
outdoor speakers in conjunction
Ia, market and bakery, The
erty is currently zoned CC
nitiiunity Commercial - and is
'i nu A it C-7- I t Y x
or property located 'at
am D Tate Avenue and
o be platted as Lot 1RZR-
1, Hayley Addition. The
s requesting,a conditioAai
to revise lot lines and
ive-thru restaurant with
leakers.,The propertylis
highway Commercial and
by Tate Street Joint
Koenigseder IV Fam41y
:reet.Joint Venture and
Towers, Ltd.
711-24 & PD11-041 -
s at Grapevine SVa-
iltted by North American
for property located tat
Trail and proposed Ito
as Lot 2R, Block4,
Station Addition. Te
s .requesting to rezone
COITENI #
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND
MEMBERS OF THE PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER e k�/kZ_
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: AUGUST 16, 2011
SUBJECT: 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.
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.
0:1ZCU\AM11-05.4.doc 819/20118:17:00 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 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 (4-1/2) 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:
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 a owner -
occupied single-family residential property.-; rental 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.
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.H.1 and 52.H.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