Pflugerville Banner
File #: ORD-0426    Version: Name: UDC - Subchapter 12 Code Amendments
Type: Ordinance Status: Approved
File created: 9/14/2018 In control: City Council
On agenda: 11/13/2018 Final action:
Title: Approving an ordinance on second reading with the caption reading: AN ORDINANCE AMENDING ORDINANCE NO. 1203-15-02-24 OF THE CITY OF PFLUGERVILLE CODE OF ORDINANCES TITLE XV LAND USAGE, CHAPTER 157 UNIFIED DEVELOPMENT CODE BY AMENDING SUBCHAPTER 12 TO INCORPORATE A REVISED TREE TECHNICAL MANUAL AND AMEND TREE PRESERVATION STANDARDS; AND AMENDING SUBCHAPTER 20, DEFINITIONS, BY ADDING CORRESPONDING DEFINITIONS; REPLACING ALL ORDINANCES IN CONFLICT; CONTAINING SEVERABILITY AND REPEALER CLAUSES; PROVIDING FOR A PENALTY FOR A VIOLATION OF CHAPTER 157, SUBCHAPTER 12 AS A CLASS C MISDEMEANOR AND A FINE IN AN AMOUNT OF NOT LESS THAN $300.00 AND NOT TO EXCEED $500.00; AND DECLARING AN EFFECTIVE DATE. (CA1807-02)
Attachments: 1. Ordinance - Subchapter 12 and Tree Technical Manual, 2. EXHIBIT A Subchapter 12 - No Track Changes Version, 3. EXHIBIT B Tree Technical Manual - No Track Changes Version

Title

Approving an ordinance on second reading with the caption reading: AN ORDINANCE AMENDING ORDINANCE NO. 1203-15-02-24 OF THE CITY OF PFLUGERVILLE CODE OF ORDINANCES TITLE XV LAND USAGE, CHAPTER 157 UNIFIED DEVELOPMENT CODE BY AMENDING SUBCHAPTER 12 TO INCORPORATE A REVISED TREE TECHNICAL MANUAL AND AMEND TREE PRESERVATION STANDARDS; AND AMENDING SUBCHAPTER 20, DEFINITIONS, BY ADDING CORRESPONDING DEFINITIONS; REPLACING ALL ORDINANCES IN CONFLICT; CONTAINING SEVERABILITY AND REPEALER CLAUSES; PROVIDING FOR A PENALTY FOR A VIOLATION OF CHAPTER 157, SUBCHAPTER 12 AS A CLASS C MISDEMEANOR AND A FINE IN AN AMOUNT OF NOT LESS THAN $300.00 AND NOT TO EXCEED $500.00;  AND DECLARING AN EFFECTIVE DATE. (CA1807-02)

 

Summary

Per the 2030 Comprehensive Plan's implementation schedule, the City shall pursue Unified Development Code (UDC) revisions every one to five years. The UDC was most recently revised and adopted in February 2015. The purpose of the proposed code amendments to Subchapter 12, Tree Preservation Standards is to address the following items:

                     Reorganize the applicability statements for clarity.

                     Update the Protected Tree Classifications.

o                     Modified Class 4 “Tree with DBH 25 inches or more” - Not a heritage tree.

o                     Added Class 5 - Heritage Tree of 25 + inches now Class 5 with specific tree species.

                     Add Heritage Tree Species to reflect primarily hardwood trees.

                     Add critical root zone (CRZ) protection fencing specificity and limitations consistent with Tree Technical Manual.

                     Add grade changes near CRZ consistent with the Tree Technical Manual.

                     Add the Tree Technical Manual as Appendix A of Subchapter 12 of the UDC.

o                     Re-organized for ease of use.

o                     Added an Appendix C for Tree Protection Construction Details and Notes.

o                     Updated Protected Tree Classifications.

o                     Tree Survey: All trees (regardless of tree species) 8 inches or greater must be shown on survey.

o                     Updated/Refined/Clarified-  Tree Protection Fencing Requirements.

o                     Updated/Refined/Clarified-  Tree Protection Fencing Requirements.

o                     Tree Pruning and Surgery - Shall be performed by or under the supervision of a certified Arborist (Commercial properties).

o                     Clarified Maximum Pruning Standards (e.g. “Thinning”, “Raising”, and “Reduction”). 

o                     Refined and added definitions - added Administrator and City Forester.

 

City Attorney has approved the ordinance as to form.

 

Planning and Zoning Commission Action

The Planning and Zoning Commission recommended approval of the proposed changes at their October 1st meeting by a vote of 5-0.

 

Prior City Council Action

The City Council approved the proposed changes on 1st Reading at their October 23rd meeting by a vote of 7-0.

 

Supporting documents attached:

Ordinance

Exhibit A of Ordinance

Exhibit B of Ordinance

 

Recommended Action

Motion to approve the ordinance on second reading as presented amending the Code of Ordinances Title XV Land Usage, Chapter 157 Unified Development Code by amending Subchapter 12 to incorporate a revised Tree Technical Manual and Amend Tree Preservation Standards and amending Subchapter 20, Definitions by adding corresponding Definitions.