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1993-03-04 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 4, 1993 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:30 P.M. AGENDA: 1. Call to order. 2. Approval of the Minutes of the February 18, 1993 P & Z Meeting. 3. Administrative Comments. 4. Consider: ZA 93 -07, Rezoning request for .45 t acres situated tects in the J.G. Allen Survey, "cts 6C1A and 6C2. Current zoning: Agricultural. Requested zoning: "I -1" Light Industrial. Owners: Leslie Hughes and Mark Stanfield d \b \a H & S Properties. Public Hearing. 5. Consider: Tree Preservation Ordinance. Continuation of Public Hearing. 6. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin boards at City Ha 1993, Noath Carroll 00 p p.m., pursuant t to a the Texas on Friday, February 26, Open Meetings Act, Article 6252 -17 V.T.C.S. andra L. LeGrand E.'""›.• ; x "x City Secretary --- .> CITY OF SOUTHLAKE 667 N. Carroll Ave. Planning and Zoning Commission Meeting March 4, 1993 Commissioners Present: Chairman, Joe Wright; Members: Dennis McGrath, Ernest Johnson, Michael Richarme, Randy Arnold, and Nick McGarity. Commissioner Absent: Bob Dowdy City Staff Present: Zoning Administrator, Karen Gandy; Planner, Tom Elgin; Community Development Director, Greg Last; Community Development Secretary, Glenda Jaynes; and Secretary to the City Manager, Kim Bush. The meeting was called to order by Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of Minutes, February 18, 1993. 4, Commissioner Arnold commented the approval W r ght y and 1993 minutes needed to be corrected to Dowdy abstained from the voting. Motion was made to approve the minutes of February 18, 1993 as corrected. Motion: Johnson Second: Arnold Ayes: McGrath, Johnson, Wright, Arnold, McGarity Nays: none Abstained: Richarme Approved: 5 -0 -1 Agenda Item #3, Administrative Comments. - Greg Last introduced Glenda Jaynes, Community Development Secretary. - Greg Last commented that he would like to pass onto City Council the Land Use Plan map as soon as possible because the map will th be needetolbe tool ompleted considering byAuugust. He stated that updates the narrative could follow at a later date. Agenda Item #4, ZA 93 -07, Zoning, I -1, Leslie Hughes /Mark Stanfield. Zoning Administrator, Karen Gandy, presented the rezoning request for 2.45 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 6C2 and 6C1A. Owner /Applicant is Leslie Hughes and Mark Stanfield d /b /a H & S Properties. Current zoning is Agricultural 93- 03- 04.MIN /P &Z /kb P &Z Commission Meeting Minutes March 4, 1993 Page 2 with a requested zoning of I -1, Light Industrial. Ten (10) notices were required to be sent, and as of this date, three (3) responses have been received. Two responses were received in opposition: D f Blvd. Morris Farmer, onse was D receiv v eda n favor from Thomas Opal ThomasPoteet, Davis Blvd. One response 6700 McCoy, Watauga, Tx. ts Ms. Gandy further commented that in October 1988, the pli ante requested "I -2" zoning but withdrew their request prior second reading of the ordinance. Leslie Hughes, 1330 N. Carroll Ave., commented that he has been operating his trucking business as legal non - conforming since the City annexed his property. Mr. Hughes stated that he withdrew his request the last time because the Council wanted him to put up a fence and asphalt requests. idrive, rb did not that if he funds could comply with these get permanent zoning it would look better to his banker. Public Hearing: Tim Farmer, 680 Davis Blvd., stated that he is in opposition to the request because of the noise, dust, and pollution caused by the business. Mr. Farmer also commented that workers at this site urinate in public. Morris Farmer, 684 Davis Blvd., commented that the business is in the wrong place because of residential homes nearby. He commented that Mr. Hughes has tried to keep di decent smells but there are still a lot of problems with dust June Haney, 400 Brock Dr., commented that the ltduringeshe day and lat night she can hear the "popping" commented about the diesel smells and dust. Ms. Haney stated that she has spoke with Ms. bout the trash, lives bottles door etc. this saretract throwa she has complained a in her yard. There were no other comments from the audience during the public hearing. Commissioner Wright commented to Mr. Hughes that th�ovosiissior could not place restrictions property hat he as a thought, as a granting the zoning; consideration to the neighbors, that something would have been offered to help eliminate some of the neighbors concerns. Mr. Hughes commented he had plans to put in a partial fence. He felt that the fence and the easement for the S -2 sewer line would be enough of a contribution. 93- 03 -04. MIN /P &Z /kb P &Z Commission Meeting Minutes March 4, 1993 Page 3 Mr. Hughes left the meeting at this point with no further comment. Motion was made to deny ZA 93 -07. Motion: Arnold Second: Richarme Ayes: McGrath, Johnson, Wright, Richarme, Arnold, McGarity Nays: none Denied: 6 -0 Agenda Item #5. Tree Preservation Ordinance. Greg Last, Community Development Director, presented to the Commission the third draft of the Tree Preservation Ordinance. Mr. Last commented that tot send out to the development communitY for prepare a re a draft their input. Mr. Last informed the Commission that Barbara Atkins was present for the meeting, and she has requested to make a brief presentation. Barbara Atkins, 1345 Forest Lane, expressed her concerns for the need to make every effort possible to protect the the beauty of S Ms. Atkins expressed her supp and complimented City staff for their efforts. Ms. Atkins presented a handout to the Commission (included with the minutes), and showed the Commission slides of several construction sites in Southlake. There were no other comments from the audience. Changes and discussions regarding the ordinance included the following: - remove the word total from "total clearing" where mentioned - change the definition of "Critical Root Zone" to be defined as a concentric circle with radius equal to the distance from the trunk to the furthest point of any branch of a tree - under definition of tree change point of measurement fr four feet to four feet six inches (to match Appendix - add definition for cut and fill - where ever mentioned change septic field area to septic tank and lateral lines area 93 -03 - 04 . MIN /P &Z /kb P &Z Commission Meeting Minutes March 4, 1993 Page 4 - eliminate reference to Tree Professional - Section 4.2 (c), add to last sentence as determined by the Landscape Administrator - Section 4.2 (d), change 90 days to 180 days - Section 5.0, change title to "Tree Replacement" - Section 5.1, add verbiage to clarify that replacement of trees should be on same site whenever feasible; if not allow he developer to replace Administrator the tree some other al area - Section 5.2, remove entire section - Section 6.3 (a), add verbiage excluding subdivision right -of - ways - Section 6.3 (a), change 50' to 40' and add at the discretion of the Landscape Administrator - Section 6.3 (b), add all trees intended to be saved... - Section 6.3 (a,b,c), address as alternatives - Section 6.4 (a), add reference to franchise utilities - Section 6.4, (c) , add ...designed to a , void:::> > ` ' a ? %t! , ;: ... .::.:.............. trenching across critical root... - Section 6.4 (d), move to subcategory under 6.4 (c) and add It is recommended that..." - Section 8.2, reword part (a) do not make requirement; include under part (a) that ...the applicant signs an application witch states that all construction activities shall meet... (Greg Last will work on the wording to tie back to building p t - Section 9.0, change "if" to "is" in the last sentence - Greg Last will check on pruning w and boring requirements for utility companies to comply 93- 03- 04.MIN /P0Z /kb P &Z Commission Meeting Minutes March 4, 1993 Page 5 Motion was made to Hearing until the Preservation Ordinance and continue the Public g Motion: Arnold Second: Richarme Ayes: McGrath, Johnson, Wright, Richarme, Arnold, McGarity Nays: none Approved (to table): 6 -0 The meeting was adjourned at 11:10 p.m. Joe Wr ght, Chairman ATTEST: � / the <4) Bush, Secretary to City Manager 93- 03- 04.MIN /P &Z /kb The Landscape Architect and Specifier News hrs trees rarely signal their "He Watch I'-I You their prere sence when they � � actually happen. The worst damage may not show up until years later. It may be in the Use 'hat Bac form of branches that don't leaf out, or a tree that never grows beyond its planted size. Perhaps the owner will never blame construction damage. In BY G. OWEN YOST, ASLA cutting them. Then, after trenching or tunneling, backfill material is critical any case, the owner is less likely to contact you about further landscape ber that increasing the grade moi No tree prospers when asked to grow acrhitectural projects when the job than four inches inside the root zone into fill dirt strewn with old soda cans, you do is less than promised. is asking for trouble. This may vary grade stakes and miscellaneous chunks of masonry. Preventing damage to trees during your When design calls for in- trip en y r a root z some isn't impossible, it me a root png zone, o simply takes commitment. Commit- In Order to preserve a runi be called ment from the owner, the landscape healthy tree, its entire for. advance if overh overhead ng m ayces aren't architect, the contractor, the sub contractors and everyone else on the environment must be adequate, some judicious pruning p Intact, may be wise, instead of waiting for design team — down to whoever branches to be "pruned" by passing drives the lunchwagon. To be sure, trucks. everyone who enters the construe tion site is a member of the design slightly, since some species of trees CHANGES IN SOIL pH team to some degree. For example can take a lot of fill, while others are .. — even a concrete truck that's very unforgiving. e all know that certain trees do rinsed out in the wrong place can A tree "root zone" is not neces- W their best in soil with a certain affect the most pleasant design you sarily the drip line but is defined as pH. So pay special attention to fill dirt, can conceive. one foot of radius (the tree trunk is making sure it's compatible with the Many landscape architects insist the centerpoint) for every inch of tree existing soil. Take the time to test its that the contractor install fences caliper. Thus, a six inch caliper tree pH if you have doubts. Fill dirt that around natural areas to be preserved. has a circular root zone with a radius varies more than 11/2 points from the This defines the "construction en- of six feet. pH of the existing soil should be velope" for all to see. This is where Lowering the grade around a tree rejected. Also, washing out ready - all construction activity will take is even more of a risk. Consider that mix trucks on the site, or overfilling a place; nothing at all inside the fence! the vast majority of a tree's roots are gas tank, can drastically change soil In defining the construction envelope, with a few feet of ground level, so pH in a small area. Unfortunately, this remember that a forest is a complete lowering the grade not only destroys sort of damage won't show up until system, with mature trees, small a disproportionate amount of roots, well after the work is done and the emu' :;,.F,� c trees, coe.�lingc L ^dC.' : :'g' :: ffl un 3..5 ,C:ili&.. ;,ly (l:v W checks have cleared. mats wildflowers, natural grasses drying and compaction as well. A and vines etc. "Cleaning up" the good rule of thumb is that a cut of MECHANICAL WOUNDING underbrush, as is done quite often, four inches or more calls for a re obvious. It's a raises the ground temperature signi- i retaining wall instead. Even a slight - hese e oe wounds s a a ern to h a ficantly. So, in order to preserve a cut calls for an organic mulch such he g g healthy tree, its entire environment as peat moss or wood chips, to help big tree root. Or an errant bulldozer must be preserved intact. retain moisture and stimulate re- gashing a tree trunk. Or heavy In preserving the natural eriviron- , growth of lost roots. equipment traveling through, not around, undergrowth and seedlings. ment, keep in mind that damage can This type of damage is easy to be done in many ways. CHANGES IN DRAINAGE :? prevent if operators feel that they are SOIL COMPACTION Look at the drainage patterns that part of a team. In order to com- existed naturally, and how much municate this "sense of belonging" T his causes a tremendous amount or how little water an existing tree of delayed damage at most sites. got. That's what the tree is used to Be aware that trenching Compaction isn't caused just by Giving it a lot more water (as is often s a drop in the vehicles either. Simple foot traffic, done) may be "killing it with kind- caus wats e table. such as to a lunchwagon or time ness." clock, can squeeze quite a bit of air Trenching, on the other hand, is out of the soil. Storage sites for often done with little regard for tree to everyone on the site, owners have bricks, drain tiles, or other equipment roots or drainage patterns. Be aware used many mpfhnhc Amy tcese are critical, too. This type of damage that trenching causes a drop in the are training films, strategic signs. is the kind most easily prevented by water table, on both sides of the weekend picnics for workers and defining the construction envelope trench, for a considerable distance. their f =mules, even monetcr, rc visually. T his could be bad news for a tree wards. The flip side is that many When using temporary roads, tem- ' whose roots are used. to the water owners levy a fine on a contractor porary parking areas and temporary table being at a certain depth. should a desired plant be damaged, If pre - planning is done thought - found that atet laa contractors have fully, many problems and opportuni- found thaying laying down a fiber ib mat ties will show up. And the time will be prior to any surfacing, minimizes soil ROOT BREAKAGE ;::y;:;;:;, there to plan for them. In a nutshell, to compaction. OR REMOVAL prevent damage to existing plants GRADE CHANGES `<: : during construction, it should be M any a root has lost a battle with crystal -clear to everyone involved aising the grade significantly M a utility line's trench. Almost what the eventual result will � around an existing tree smothers immediately after trenching, the tree ,P-i it The roots depend on contact with suffers. But the damage doesn't ,y, both the soil, and the air between the translate into dead branches, „ - � .._ soil particles, to live. However, in the shrunken leaves or total death until of a slight grade increase, much later. Contractors should jr •� - _ damage can often be prevented by tunnel under roots (especially those City of Southlake, Texas M E M O R A N D U M February 25, 1993 TO: Planning and Zoning Commissioners FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93 -07 Rezoning Request REQUESTED ACTION: Rezoning for 2.45 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 6C2 and 6C1A LOCATION: West side of Davis Blvd., South of Ti n Acres (Michael Drive) at 8809 Davis Blvd. OWNER /APPLICANT: Leslie Hughes and Mark Stanfield d \b \a\ H & S Properties CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "I -1" Light Industrial LAND USE CATEGORY: Mixed Use BACKGROUND INFO: Annexed into the City of Southlake in October, 1987 as Agricultural. In October, 1988, the applicants requested "I -2" zoning for the entire 2.45 acre site. The Planning & Zoning Commission recommended that the eastern one -third of the property be zoned "I -1" and the remaining two- thirds be zoned "I -2" with a 8 -foot wooden privacy fence being built on the North from the creek to the west property line and continuing along the south and east property lines to within 50' of Davis Blvd. The City Council approved the First Reading of Ordinance No. 334 -58 for "I -1" on the entire property with the fencing requirements that the Commission recommended and added the requirement of a dust free driving surface. The applicants withdrew their rezoning request prior to the Second Reading of the ordinance. NO. NOTICES SENT: n (10) RESPONSES: None STAFF COMMENTS: A concept plan is not required for an "I -1" zoning request; however, a sketch of the site has been provided to aid in the discussion of this request. KPG it illu Lc) Lite LiLy oL Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 93 -07 I am (in favor of) opposed to) (undecided about) the request for the following reasons: IQ X0/•15 wiLL c R CMTCD ill - 7 r ( Njc�Tin1C Mh�C1� X 993 SIGNATURE : 2 �% / ADDRESS: (p I/f)V f5 aLuD / L LC- , L '76 r The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 93 -07 I am (in favor of) posed to) (undecided about) the request for the following reasons: ----- o Q As \ e,%),- ,:o.44 ( vv,i i.o ti_�' l Gvlz!7 d7 ,1 1 1/1,1.1...„ 617 /1 etDrl i SIGNATURE: \e/14// / 2.QJX ('' ' ( �` 1 ! ADDRESS: - _ _ • • The following form may be filled uui . ..0 Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 93 -07 I am ( n favor of (opposed to) (undecided about) the request for the • following reasons: 711 ' 4 �i / /.: �. ..�: i .ice. /■ • SIGNATURE: 307 /ThoillAs ro to et ADDRESS: ( 7d /f'/ `L/ I ' D 7[��/ CITY OF SOUTHLAKE TREE PRESERVATION ORDINANCE Cr DRAFT NO. THREE , DATED 3/4/93 Q V� TABLE OF CONTENTS G 05 i•C ,`Q Q l � . 4 PAGE AND INTENT / v 1.0 PURPOSE 2.0 DEFINITIONS 't 2.1 General Rules 2.2 Definitions 3.0 TREE REMOVAL PERMIT REQUIRED 3.1 General 3.2 Municipal /Public Domain Property a. Permit Requirements 3.3 Existing R.O.W. and Public Easements a. City Projects 1. Permit Requirements b. Franchise and Other Utility Companies 1. Permit Requirements 3.4 New Developments a. Residential Subdivisions 1. Permit Requirements b. Non - Residential Developments 1. Permit Requirements 3.5 Private Property a. Agricultural b. Residential Homeowner c. Builders /Contractors 1. Permit Requirements 3.6 Exceptions a. Damaged /Diseased Trees b. Public Safety c. Utility Service Interruption d. Business Interests 1. Landscape Nursery 2. Golf Course 3. ■uarries 4. Other Business Interests 4.0 PERMIT REVIEW AND APPROVAL PROCESS 4.1 Authority for Review a. Deferrals b. Appeals 4.2 Submittal Requirements a. Tree Removal Permit b. Fees c. Graphic Exhibit d. Permit Validity 5.0 MITIGATION REQUIREMENTS 5.1 Tree Replacement 5.2 Tree Preservation Fund a. Fund Uses 6.0 TREE PROTECTION 6.1 Construction Plan Requirements 6.2 Prohibited Activities a. Material Storage b. Equipment Cleaning /Liquid Disposal c. Tree Attachments 6.3 Prior to Construction a. Tree Fla••in• O•en S•ace Flag•in• c. pro ective Fencing d. Bark Protection 6.4 Permanent Construction Methods a. Boring b. Cut/ ill c. Trenching Root Pruning 7.0 TREE PLANTING RESTRICTIONS 7.1 Overhead Lines 7.2 Underground Utilities 8.0 ENFORCEMENT 8.1 Developers Agreement 8.2 Buildin• Perm a. Ordinance Disbursement 9.0 VIOLATIONS 10.0 SEVERABILITY 6-- pm01:\ RV p t- 46uNGi� AoDEO • 11.0 CONFLICTING ORDINANCES 12.0 SAVINGS CLAUSE 13.0 PUBLICATIONS CLAUSE 14.0 EFFECTIVE DATE 15.0 APPENDICES Marginal A. Tree Summary: Quality, g B. Exam•le Tree Removal Permit C. Construction Plan Requirements D Methods of Tree Measurement E. Example Builder Site Plan F. Tree Pruning Recommendations DOCUMENT: TREE /ORD.2 FOLDER: PLANNER2 3/1/93 TREE PRESERVATION ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING CRITERIA RAND ' REGULA TION S FF FOR THE PRESERVATION OF MATURE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; INOTIN THE OF A OFFICIAL AN EFFECTIVE IE DATE. WHEREAS, the City of Southlake, Texas s home r rule en acting under its charter adopted by the Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, trees are a valuable amenity to the urban providing environment and serve to create greater human comfort by p effect of shade, cooling the air and e requirements hmforlairtconditioning and summer heat, thereby reducing resources; and the subsequent depletion of scarce energy WHEREAS, trees purify the air by filtering pollutants and dust and release oxygen into the air; and WHEREAS, trees protect land and structures by reducing run -off, binding soil and minimizing flood damage; and WHEREAS, trees are known to add dollar value to residential and commercial property and to increase income levels and tax revenues by attracting new business, industry and residents through improving a city's image; and WHEREAS, the City of Southlake desires toa actively Keep participate in the "Tree gy and WHEREAS, program Southlake Beautiful" pro 4 am WHEREAS, the City Council of the City of Southlake has determined that tree preservation is necessary to adequately protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: TREE PRESERVATION ORDINANCE 1.0 PURPOSE AND INTENT The purpose of this ordinance is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction and to control the removal of protected trees when necessary. It is the intent of this ordinance to achieve the following: - Prohibit the indiscriminate 10S1 clearing of property. - Protect and increase the value of residential and commercial properties within the City. - Maintain and enhance a positive image for the attraction of new business enterprises to the City. - Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the City. 2.0 DEFINITIONS 2.1 GENERAL RULES: For the purpose t ordinance, the following rules shall be applied in interpreting or otherwise defining the terms and provisions hereof: a. Words used in the present tense shall includelthe n future, words used in the g el include the plural number and words used in the plural shall include the singular. b. The word "shall" is mandatory and the word "may" is permissive. 2.2 DEFINITIONS• For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. BUILDABLE AREA: That portion of a building site exclusive of the required yard areas on which a structure or building al improvements may be erected parking lot, including structure, driveway, arkin g lot, p as shown on a site plan. BUILDING PAD: The actual •undation area of a building and a reasonable . area around the oundatio necessary for construction and grade transitions. -1- i <1 CRITICAL ROOT ZONE: The area of undisturbed natural soil N around a tree defined by a concentric circle with a diameter i equal to the larger of the drip line or the distance in feet 1 equal to twice the number of inches of the trunk diameter. �u / ( 10" caliper equals 20' root zone.) : DRIP LINE: A vertical line run through the otoethesground. k u `� "Jk portion of the crown of a tree and extending } Jti\, \\,,' MUNICIPAL /PU BLIC DOMAIN PROPERTY: Examples of this would , , A lid include City Hall, public parks, Corps of Engineers pr p ert Y State of Texas R.O.W., library, fire stations, water tower sites or similar properties. PROTECTIVE fencing, vinyl constructs �� four foot (4') approximate height. ,5 TREE: Any self -suppo ody perennial plant which will attain a trunk dia er o hree (3) inches or more when measured at a poi four fee above ground level and tn ormally . 0 f an overall height of at lea twenty (20) feet branches It usually with one (1) main stem or trunk and many may appear to have several stems or trunks as in several varieties of oaks. or TREE, MARGINAL: A tree which the City has determined edmaidorl tv� "�,�`� may not be worthy of preservation depending o �. p characteristics of the tree. (See Appendix 'A'.) U- +v- TREE PRESERVED: A protected tree shall be considered to be C preserved only if a minimum of 75% of t c J is maintained at undisturbed natural g �� 25% of the canopy is removed due to building encroac 1-nt. TREE PROTECTED: A specimen tree identified as a 'quality' tree by the City or a specimen tree in the 'marginal' category which the Landscape Administrator has determined should be saved due to individual characteristics of the tree. d TREE, QUALITY: A tree which the of typically has significant p ositive preservation. (See Appendix 'A'.) h has a diameter 1' TREE SPECIMEN: A tree which of greater at breast height, four and one -half fe=t (4.5' above the ground. The diameter of a multi -trunk tre ' shall •= determined by adding the total diameter of the lar• runk to 1/2 the diameter of each additional trunk. (Appendix 'D') TREE PROFESSIONAL: A licensed Arborist or other person with professional certification by the American Society of Consulting Arborists, International Society of Arboriculture, The National Arborist Association or other similar professional association. j - ) 0 ,' Li Clf - ' 4/1--tt - ' ' tu t\ 4pAtufi,c -'c „, ,t YARD AREA: The front, side and rear yard areas a required ng under the comprehensive zoning code and the applicable district. 3.0 TREE - REMOVAL PERMIT REQUIRED 3.1 GENERAL: No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree situated on property regulated by this ordinance without first obtaining a tree - removal permit unless otherwise specified in this ordinance. 3.2 MUNICIPAL /PUBLIC DOMAIN PROPERTY: All municipal or to the requirementsnforoptreeypreservation subject and replacement requir specified herein. a. Permit Requirements: A tree - removal permit shall not be required for removal of a protected tree, however protected trees to be removed bmust be shown on construction plans approved Administrator. 3.3 EXISTING R.O.W. AND PUBLIC EASEMENTS: All construction and maintenance activity within public easements shall be subject to the requirements for tree preservation and replacement specified herein. a. City Projects: The Cit�in subject to the requirements for tree p eservato specified herein on all projects. 1. Permit Requirements: A tree - removal permit shall not be required for removal of a protected tree, however protected trees to be removed must be shown on construction plans approved by the Landscape Administrator. b. Franchise and Other Utility Companies: All utility company projects shall be subject to the requirements for tree preservation and replacement specified herein. 1. Permit requirements: A tree - removal permit must be obtained prior to the removal of a protected tree. This permit must be accompanied by a site plan or construction plan meeting the graphic exhibit requirements specified herein. 3.4 NEW DEVELOPMENTS: All developments which have not submitted final construction plans as of the effective date of ements fodrltreeepreservation subject to the andreplacement requi specified herein. -3- a. Residential Subdivisions: All area within public R.O.W., utility easements or drainage easements as shown on an approved Final Plat and areas designated as cut /fill on the master drainage construction plan approved by the Landscape Administrator shall be exempted from the requirements specified herein. All other area shall be subject to these requirements. 1. Permit Requirements: A tree - removal permit shall not be required for removal of a protected tree within said R.O.W. or easements, however a permit must be obtained prior to the removal of any other protected tree on the property. b. Non - Residential Developments: All area within public R.O.W., public utility or drainage easements as shown on an approved Final Plat, and the building pad, fire lanes and parking areas shown on an approved Concept Plan or Site Plan shall be exempt from the requirements specified herein. All other areas shall be subject to these requirements. 1. Permit Requirements: A tree - removal permit shall not be required for removal of a protected tree within an area noted in 3.4 -b above, however a permit must be obtained prior to the removal of any other protected tree on the property. 3.5 PRIVATE PROPERTY: a. Agricultural: Property zoned 'AG' agricultural and being actively used agriculturally shall be exempt from the requirements specified herein. b. Homeowners: Individual homeowners shall be exempt from the requirements of this ordinance as it pertains to their ownership only. c. Builders /Contractors: All builders who have not submitted a request for a building permit as of the effective date of this ordinance are subject to the requirements herein. All area within the building pad, driveway, septic field, parking area and pool area as shown on an approve• plot plan shall be exempt from t e requirements of this ordinance. All other reas of the lot shall be subject to the require ents for tree preservation and replacement specif ed herein. l M1 V `� k U _. -4- 1. Permit Requirements: A tree - removal permit shall not be required for removal of a protected tree within the area noted in 3.5 -c above, however a permit must be obtained prior to the removal of any other protected tree on the property. 3.6 EXCEPTIONS: A tree removal permit shall not be required under any of the following circumstances. a. Damaged /Diseased Trees: The tree is dead, diseased, damaged beyond the point of recovery, or in danger of falling as ;etermin b t ; A Landscape Administrator 4�"��- 1 �''3 • ,C�yiU► b. Public Safety: The tree endangers the public health, welfare or safety and immediate removal is required. c. Utility Service Interruption: The tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree necessary to reestablish the utility service. d. Business Interests: The following business ventures shall be exempt from the requirements specified herein as follows. 1. Landscape Nursery: All licensed plant or tree nurseries shall be exempt from the terms and provision of this section only in relation to those trees planted and growing on the premises of said licensee 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. 2. Golf Course: Golf courses shall not require a tree removal permit for removal of protected trees within areas designated as tee boxes, fairways or greens. All other areas shall be subject to the requirements specified herein. 3. Quarries: All approved quarry operations shall be exempt from the requirements specified herein within the limits of the active operations. 4. Other Business Interests: Other unforeseen •usiness interests may be exempted from the requirements herein only when so stated in developer's agreement or on a Concept Plan approved by the City Council. -5- 4.0 PERMIT REVIEW AND APPROVAL PROCESS 4.1 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for the review and approval of all requsts acco a. Deferrals: The Landscape Administrator may defer t e a• •rov. of a tree re oval permit to a •r he Planning and oning Commission for any reason. All decisions made by the Commission shall be final. b. y � r e Imo.` ). may be % �Appeals: Any decision made b the Landscape � dministrator .��- � � pe pa € th Plnnng nd Zoning Comm s ision. (,_ All decisions me a a de by i the a Com m ission shall be final. 4.2 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this ordinance. a. Tree - Removal Permit: A request for a tree - removal permit must be submitted and approved prior to the removal of any protected tree in the City. (See Appendix 'B' for example permit.) b. Fees: All tree - removal permits shall be accompanied by a check made payable to the City of Southlake in the amount specified by City Council. c. Graphic Exhibit: All request for tree - removal permits must be accompanied by a graphic exhibit showing at least the following. These requirements may be augmented by the Landscape Administrator as needed to - dminist- is ordinance. An aerial photograp may be allowed if it clear y meets these requirements - 0 (iCi-( 'llii Ow [ ij 1. Appropriate title (i.e. Tree Removal Permit 4 L, Exhibit.) f _ /I 2. Title block includes street address, lot and block, subdivision name, city and date of preparation. 3. North arrow, graphic and written scale in close proximity. 4. Name, address and phone of owner and person preparing the exhibit if different. 5. Location of tree(s) to be removed is tied down with dimensions from nearest property lines. -6- -_ 6. Location of all R.O.W. lines and public easements. 7. Location of all buildings, structures, pools and other improvements intended on the lot. 8. Areas of cut /fill and flow lines shown. 9. Caliper and common name of tree to be removed. 10. Any required replacement trees shown with caliper size and common name of tree. d. Permit Validity: Permits for tree removal issued in connection with a building permit or site plan shall be valid for the period of that building v permit's or site plan's validity. Permit(s) for tree removal not issued in connection with a �` \v building permit or a site plan shall become void ninety (90) days after the issue date on the •ermit. maimai \, /K- .. . , . . ' 5.1 Tree Replacement: In the -vent that it is nece sar to remove a protected tree as s•ecified in 3.0 -3.5 herein, the applicant may be require• o rep ace t e protected tree(s) being removed with quality trees as defined `1\; herein or canopy trees as recommended in the Landscape Ordinance. 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 3 caliper calf er and 7 feet in height when planted. At the ,�' time of review, the agent responsible for replacement, N the time of replacement and the location of the new ' trees will be determined by the Landscape Administrator. k 5.2 Tree Preservation Fund: In some circ mstances it may be preferable • require that - fee equal o the value of the emoved protecte• tree •e deposited 14 a Tr :e Prese.vatio Fund at th= Ci'y. The amount •f t is fee shall determined by a -e Professional a • must be approved • the Landscape 'nistrator prior •• deposit. a. Fu'd U -s: Uses of his fu • must be abprov =d by t e City •uncil and would inc ••- pur••ses t ypical of t = foll• ing: Development of informational /educa'ional pamphlets or, seminars, or tree planting on public or private lands. 6.0 TREE PROTECTION A major purpose of this ordinance is to protect all quality trees which are not necessarily removed to allow approved construction to occur. The following procedures are required in the situations noted, however unique circumstances may be accomodated by the Landscape Administrator. -7- 6.1 Construction Plan Requirements: All constr ctioncplans shall include the requirements noted in App 6.2 Prohibited Activities: The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance. a. 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 ri ical root zone of any protected tree. b. Equipment Cleaning /Liquid Disposal: No equipment shall be cleaned or other liquids deposited or owed to flow overland within the limits of the . ritica root zon- of a protected tree. This would Inc ude paint, oil, solvents, asphalt, concrete, mortar or similar materials. c. Tree Attachments: No signs, wires or other attachments, other than those of pctivee. nature shall be attached to any protected 6.3 Prior to Construction: The following procedures shall be followed on all types of construction projects (i.e. 1i., a t residential subdivisions, commercial, multifamily, v industrial developments, residential builders and �� kk l i `tt - ayki, - � q municipal /public) . - `x d7 f `' G L" i / ' �� (a. Tree Flagging: All protected trees within of a construction area or surface improvements such a driveway walks etc. shall be flagged with / •ri•ht •lourescent orange vinyl tape wrapped C - •. • the main trunk at a height of 4' or more 1`)L C4 df such that the tape is very visible to workers on t , V '1 C _ foot or driving construction equipment. ,P �1` b Open Space Flagging: Al trees with' areas fl)'' )0' intend to be saved as open space, hall be j ' ) 0' enclose flourescent orange tape along all { .. aroma`s of possible access or intrusion by supported construction equipment. Tape shall be supp at a maximum of 25' intervals by wrapping trees or other approved methods. Protective Fencing: In those situations where a protected tree is so close to the construction area that construction equipment will infringe on \' the root system, a protective fencing may be v required between the tree and the construction ) activity. \J �J d. Bark Protection: In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by large construction equipment. 6. Permanent Construction Methods: r '; a.6 Boring: Bor' of u 1.ies . pro ecte rees .∎ � ma be re••ir =d in ertai c'rcu ta Whe 1 re re. the en• h of the •ore s a,1 be t .e w dth V ) A " o � nt h- canopy a minimum and sh... 1 be a inim m � �c \�� p PY t , of 48" . Nvy ,b. V Cut /Fill: In situations where the grade change within the dripline of a protected tree exceeds four inches (4 "), the procedures noted in the City standard detail sheet shall be required. c. Trenching: Irrigation systems shall be designed to avoi •trenching across the critical root zone of any P protected 4 t ee f. Root Pruni All roots 2" or larger i diameter whi.' are - pos-d as a -sult • renc'in or other ex•avation sha be cut off •qu•re w't' a .harp 1-•ium toot saw an. c•vered 'th pru•ing c.mpound within 2 hours of initial exposure. 7.0 TREE PLANTING RESTRICTIONS 7.1 Overhead Lines: Any required replacement trees shall not be planted within a area such that the mature canopy of the tree will interfere with overhead utility lines. 7.2 Underground Utilities: Any required replacement trees shall not be planted within an area such that the mature root zone of the tree will interfere with underground public utility lines. No trees shall be planted within ten feet (10') of a fire hydrant. 8.0 ENFORCEMENT 8.1 Developers Agreement: No developer's agreement shall be approved which does not state that all construction activities shall meet the re. rements of the ree preservation ordinance an• further that the developer s a l inform a 1 *Ili ders of these requirements. 8.2 Building Permit: No bui din. •ermit s all be issued f unless the ap.lican signs an application which state �/ hat all construction activities shall meet the _, - ---` requirements of the tree preservation ordinance ,, i� a. Ordinance Disbursement: The Building Official , shall not issue a building permit unless the applicant has been given a copy of the tree L u preservation ordinance or a condensed summary of the relevant aspects pertaining to the type of permit requested. 9.0 VIOLATIONS cf 0 —14.o 1 412E 6TONPAR.D LANG► )A4 Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Five Hundred Dollars and No Cents ($500.00) for all violations. Each day that a violation if <permitted to exist shall constitute a separate offense. 10.0 SEVERABILITY It is hereby declared to be the intention of the Council that the phrases, clauses, sentences, paragraphs of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 11.0 CONFLICTING ORDINANCES This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this in such event provisions, herebyrepealed. any, in such 12.0 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for installation of landscaping improvements which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. /' t C )( L �� / 1 I � �'� — a ucLL Z:' 6 �c (` ��L 13.0 PUBLICATIONS CLAUSE The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by section 3.13 of the Charter of the City of Southlake. 14.0 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 15.0 APPENDICES It is anticipated that the following appendices will be changed periodically by the Landscape Administrator in response to changes in the administration of this ordinance. -11- APPENDIX 'A' TREE SUMMARY The following is a summary of representative trees for each category of tree. See definitions section for description of the tree categories. QUALITY TREES Common Name Botanical Name Identification Notes Carya illinoensis Pecan fruit, compound leaves Cedar Elm Ulmus crassifolia Pecan Deciduous, 1 " -2" dark green leaves C Red Oak Quercus shumardii Deep pointed lobes in leaves Live Oak Quercus virginiana 1 1/2" dark green pointed leaves Quercus macrocarpa Large acorn, leaf broader at end Bur Oak Dee lobes, rounded tip on leaf Post Oak Quercus stellata p Black Jack Oak Quercus marilandica Leathery 3 " -7" leaf, no lobes Lacebark Elm Ulmus parvifolia Small dark serrated green leaves 3" sickle leaflets, fall color Chinese Pistache Pistacia chinensis Star shaped leaf Sweetgum Liquidambar styraciflua p Pinus nigra Two needles Austrian Pine g Oblong 4" - 6" serrated leaf Chinquapin Oak Quercus muhlenbergii Large g e r r white flower Southern Magnolia Magnolia grandiflora Feather -like foliage, fall color Bald Cypress Taxodium distichum MARGINAL TREES B otanical Name Identification Notes Common Name - Cottonwood Populus deltoides Deep fissures in bark, heart shape leaf Sugar Hackberry Celtis laevigata Rough corky warts on bark Prosopis glandulosa Lacy open foliage, 10" bean fruit Ammee Mesquite 'V' shaped main branching ricaa n Elm Ulmus americans Slash Pine Pinus elliotti Honeylocust Gleditsia triacanthos Lacy foliage, thorns, bean fruit Globe Willow Salix matsudana globosa Sycamore Platanus occidentalis Large leaf, round ball fruit Green Ash Fraxinus pennaylvanica Narrow interwoven fissures in bark Western Soapberry Sapindus drummondii 18" compound leaf, 1/2" clear fruit Native, pyramidal shape Red Cedar Juniperus virginiana pyramidal evergreen Deodar Cedar Cedrus deodara Large -,- �/ L1NDEstiRe-Ael. LIST DE 1.X..1 -12- - `-r EXHIBIT 'B' 03/04/93 CITY OF SOUTHLAKE TREE - REMOVAL PERMIT APPLICATION LOT: BLOCK: DEVELOPMENT NAME STREET ADDRESS: OWNER CONTRACTOR /BUILDER NAME: ADDRESS: PHONE: I hereby certify that this application meets the requirements of the Tree Preservation Ordinance and further certify that all construction pertaining to this project shall meet the requirements of the Tree Preservation Ordinance. Signed: Title: Date: ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** For City Use Only: I hereby acknowledge receipt of this application and th application fee in the amount of $ on this the day of Signed: Title: ************************************************************************************ Shown Not GENERAL INFORMATION On Plan Applic. Appropriate title (i.e. Tree Removal Permit Exhibit) Title block includes street address, lot and block, subdivision name Title includes City and date of preparation North arrow, graphic and written scale in close proximity Name, address and phone of owner Name, address and phone of person preparing the exhibit Location of tree(s) to be removed is tied down with dimensions from nearest property lines Caliper and common name of tree(s) to be removed Any required replacement tree(s) shown with caliper size and common name of tree e) Location of all R.O.W. lines and public easements N G Location of buildings, structures, pools and other impovements Areas of cut /fill and flow lines Reason Tree Must Be Removed: Permit for tree removal approved the day of , 19 Title: By: ^^ APPENDIX 'C' CONSTRUCTION PLAN REQUIREMENTS The following shall be required as a part of all construction plans submitted to the City when required by the Landscape Administrator. 1. A Tree Preservation Detail Sheet shall include the following at a minimum: a. The requirements of sections 6.2 - 6.4 shall be noted. b. A graphics legend to be used throughout the plans for the purposes of showing the following: Trees to be flagged, protective fencing, trees requiring bark protection, boring, areas of cut and fill impacting protected trees. c. Graphic tree exhibit showing the features of a tree to include the critical root zone, trunk, canopy, drip line and method of caliper measurement. d. Graphic exhibits showing methods of protection to include snow fences, boarded skirts, etc. e. Graphic exhibits showing construction methods to include cut /fill, boring, trenching etc. 2. All requirements of the Tree Preservation Ordinance shall be shown graphically on all applicable sheets within the construction plans. -14- APPENDIX D : . ...:::::::::::::::::!. :: : .: : : . . .....:::::::.:::::::::::. ....:::::::::::..:::..:.1 N ' ::::-: :: : : : :: : :: : - :: of M easure ment Lin- of Measurement Nor mal Lin Actual • Line of --......-.:--...:.:.•:.:..:.:..:.::.:.•:.:-...-.. Measurement 4' 6 ~ I 4' - Vertu ON A SLOPE IRREGULAR SWELLING (Requires Discretion) • ):::::::::::::: • •• Li n e s of Measu rement. of Line Me asurement :4' •.6M: 41:- SN MULTI - STEMMED TREE LEANING TREE Source: CO