O-2005-1501-R5 tree replacement,protective fencing,visibility triangles

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 27. 2005 ,A' ,.r{J La, f~' Requested By: Bert Clark Vl'1 f" ,,,V Department: Parks & Recreation Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Exhibits: P&Z Staff Report Ordinance 1501- Amendments to the Ordinance SUMMARY City Council directed staff to conduct a review of the existing development conditions and future development strategies relating to tree preservation and other beautification efforts towards implementation of Tree City (TC) and Keep Texas Beautiful (KTB) projects. Staff with the guidance from the Planning and Zoning Commission reviewed proposed amendments to the Zoning Ordinance (Chapter 106). After a workshop, public hearing and finally at the May 19, 2005, meeting, the Planning and Zoning Commission, by a unanimous vote, recommended amendments related to tree replacement, protective fencing, and visibility triangles to be included in Chapter 106 (Zoning). Currently, Section 106-801 of the Ordinance requires that any native tree within 15 feet of the street right-of-way (ROW) line or easement line abutting front yard or within ten feet of street right-of-way line or easement line abutting required side yard with a trunk exceeding six inches in diameter at a point 18 inches above the natural ground level, should not be removed or destroyed until the City representative declares it hazardous to pedestrian or vehicular traffic. In addition, a person desirous of developing the property shall obtain a clearing permit from the City. A base permit fee is $20.00. Such permit would, in fact, allow clearing of buildable areas only. The intent is to encourage the preservation of existing large trees on the development tracts but the current provisions in the Zoning Ordinance lack any requirements for replacement trees. A provision for tree replacement is introduced. In the case of removal or damage to a native tree, tree replacement of one or more newly planted trees is proposed. A tree must comply with the recommended tree list of the City. The enforcement officer shall determine the type and number of replacement trees. Protective fencing is a tool which can protect existing healthy trees being damaged during construction period. A separate fence permit will not be required for construction of a fence in this case. To deal with the abatement of trees obstructing the stopping sight triangle at various points in the City, the enforcement officer will ensure that there is no violation of the provisions relating to visibility triangles. Section 316.009 of the Texas