OR 91-500-A-089 Zoning - PD-SF-9 at Denton Creek & MacArthur Bld AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO 91500A89.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "PD-
SF-9" (PLANNED DEVELOPMENT, SINGLE FAMILY-9) WITH SPECIAL
CONDITIONS ON PROPERTY LOCATED AT THE NORTH SIDE OF
DENTON CREEK, ALONG THE EAST AND WEST SIDE OF MACARTHUR
BOULEVARD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED
HERETO AS EXHIBIT "B"; THE LANDSCAPE PLAN ATTACHED HERETO
AS EXHIBIT "C"; THE TREE SURVEY AS EXHIBIT "D"; AND THE
ARBORIST REPORT AS EXHIBIT "E"; PROVIDING A REPEALING
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of
the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant
to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices
by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all property owners generally, and to all persons interested and situated in the
affected area and in the vicinity thereof, the said governing body is of the opinion that
Zoning Application No. PD-132 should be approved, and in the exercise of legislative
discretion have concluded that the Comprehensive Zoning Ordinance and Map should be
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1: That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same are hereby amended to grant a change in zoning from
"C" (Commercial) to "PD-SF-9" (Planned Development, Single Family-9) with Special
Conditions on property located at the north side of Denton Creek along the east and west
side of MacArthur Boulevard, Coppell, Dallas County, Texas, and being more particularly
described in Exhibit "A" attached hereto, and made a part hereof for all purposes.
SECTION 2. That the aforementioned change in zoning is hereby granted subject to
the following special conditions:
1. The height and material of fencing on the northern property line shall be
uniform.
2. Curb lines will be defined on the face of any plat approved for the property.
3. Details with respect to the Hike & Bike Trail will be described on any plat
approved for the property.
4. That the property shall be subject to the requirements of "SF-9" Single Family
Residential District Regulations except as noted in this ordinance.
5. That the property shall be developed and used only in accordance with the
Site Plan attached as Exhibit "B", the Landscape Plan attached as Exhibit "C",
the Tree Survey attached as Exhibit "D" and the Arborist Report attached as
Exhibit "E".
SECTION 3. That the Site Plan attached as Exhibit "B", the Landscape Plan attached
as Exhibit "C", the Tree Survey attached as Exhibit "D" and the Arborist Report attached
as Exhibit "E", and made a part hereof for all purposes, be, and the same are hereby,
approved.
SECTION 4. That the above property shall be used only in the manner and for the
purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as
heretofore amended, and as amended herein.
2 97644197
SECTION 5. That all provisions of the Comprehensive Zoning Ordinance of the City
of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as
amended, in effect when the offense was committed and the former law is continued in
effect for this purpose.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not
affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 8. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
976~.~.197
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of __~ ,1995.
APPROVED:
l 5o o ios,
ATYEST:
APPROVED AS TO FORM:
P~~~R~G. SMITH, CITY ATTORNEY
(PGS/ct 4-12-95)
4 97644197
14:42 CITY OF COPPr
" '( ~ EXHIBIT
214 ~04
04/11×9~' '- 14:43 CITY OF COPPF--' 021
214 504 56?5
CITY OF COPPF~'~ 020
'""'"'"""' ' ' ' ~ ~
"'"'""'"/" IE!i~ Iit
0~/11/? 14:]5 CITY OF COPPr 00?
SHADE MASTERS,
P.O. BOX ~13S33
ARLINGTON, TEXAS
817.261,4233
April 19, 1994
Mr. Skip Hynek
MSH Investments, Inc.
18124 Peppy Place
Dallas, Texas 75252
Dear Mr. Hynek:
In accordance with your request for arboricultural consultat-
ion this report presents basic tree protection guidelines
and a preliminary review of indi~nous trees in a pre-
construction status located on two tracts of land that are
planned for residential housing.
Site review: April ]4-15, 1994
Project: MacAr~hur Park
MacArthur Blvd. @ De~ton Creek, Coppell, Texas
Tree species: (A) dominant
Red Oak (Quercus shumardii)
Cottonwood (Populus deltoides)
Pecan (Carya illinoensis)
Bur Oak (Quercus macrocarpa)
Green Ash (Fraxinus pennsylvanica)
American Elm (Ulmus americana)
Cedar Elm (Ulmus crassifolia)
Bois d'Arc (Maclura pomifera)
(B) subordinate~young
Honey Locust (Gleditsia triacanthos)
Mesquite (Prosopis ~landulosa)
Hercules-Club (tanthoxylum clava-herculis)
Hackberry/Sugarberry (Celtis laevigatai)
Chinaberry (Melia azedarach)
Gum Bumelia (Bumelia lanu~inosa)
These land tracts are heavily wooded with very large trees of
predominantly Oak, Ash, Elm, and Cottonwood. Many are well-
formed specimens in fair to very good condition for wooded and
open-wooded sites. There are ~he typical problems of vines,
deadwood, low limbs, and, in some trees mistletoe. A very large
Cottonwood located at the southern ~ost tip of Tract Two, has
sustafned ~he removal of 99% of trunk bark by nutria or beavers.
This tree is not expected to survive the summer.
EXHIBIT
04/11/9~ 14:]5 CITY OF COPPF [108
Page Two
MSH/MacArthur Park
April ]9, 1994
Subordinant invader species of trees, vines and shrubs are
thriving since agricultural grazing and mowing have b~n dis-
continued, making large areas impenetrable to man or vehicle.
Restdentia£ use of this la~d has th~ potential to retain a
significantly greater quantity of these stately trees as assets
to the community, compared wi~h commercial development
typically requires large structures and expansive areas of p~rking.
Large-scale tree removal would occur and massive root injury
to remaining treem i~ probable. Perhaps the only sur¥ivor~
would be found at the perimeter of %he property.
Any development of wooded property carries a risk of damage to
the root systems of trees with attendant stress, deCli~e and
tree death. Compromises in favor of trees are not always possible,
acceptable nor always failsafe with regard to assurin~ tree
survival. However, pre-consLruction planning, in conjunction
with tree preservation guidelines, can siuni£icantly reduce
soil disturbances and soil compaction that contribute to root
failure and tree death.
The root system is perhaps the most important structure of the
tree, and the most frequently offended. Roots not only provide
anchorage but large and small roots interact with the soil
chemistry and microbes to obtain oxygen, nitrogen, minerals,
and water. Aside from obvious root loss due bo trenching and
grade cuts, soil fill and soil compaction alter the draina~,a
and oxygen-carrying capacities of soils and directly affect
root survival in a less obvious manner. The critical root
Of a mature tree occupies the u~per lZ"-lS" of most soil
and the root system may spread to a distanc~ 1 to 1~ times
height of the tree.
Tree species vary in sensitivity to signi£ic~n~ changes in bheir
root zone environments and physical loss of roots. Other vari-
ables are age, health, climatic and soil moisture condition:~,
increased wind and sun exposure, increased reflected heal from
paving and walls, restriction of surface and subsurface
drainage.
The tree ~pecies list on Page One, places the dominant size
species in order to sensitivity to construction injury with
Red Oak bein9 the most sensitive and Bols d'Arc the most
tolerant of this 9roup.
An effective land development plan to preserve large indigenous
trees is a coordinated effort by a team composed of the owner/
developer, landscape architect/land planner, consulting arborist,
engineering, and a soil testin9 laboratory.
214 ~04 ~67~ ''
04×11×9~ 1~:~6 CITY OF COPPF'-- 009
Page Three
MSH/MacArthur Park
April 19, 1994
Phasc I has designed the sLreet ~lignment to minimize the loss
of large trees and Phase II will ~ntail detailed engineering in
conjunction with assessing the conditions of health and
survivability of trees adjacent to Grade cuts for streets and
utilities. Trees that will sustain root cuts that will make
them unstable and candidates for wind-throw, Will be recommend-
ed £or removal. However, acceptable alternatives to root-damaging
procedures will be explored as a team plannin~ effort. Such!
options as may be consid~red are, but notlimited to, location
and design of sid~walks, modification of curb designs and locat-
ions, types of paving and required depth of the prepared sub-
Grade, potential for streets as drainage vehicles versus storm
drains, location o£ buried utility easements, boring under root
systems, coordinating the locations Of service taps, inlets~ and
outlets, utility pedestals, street lighting, driveway aprons,
fire hydrants, and cut and fill requirements for site drainage.
0pt[ons for land clearin~ techniques are also an integral part
of si~e protection pla~ning.
At this sta~e, some land clearing will have to occur inorder to
evaluate tree conditions and provide access for surveyors and,
later, tree maintenance crews.
Phase III finalizes the pre-construction tree health management
recommemdations with implementation of pruning for road and
equipment clearance, deadwood and hazard limD removal, tree
fertfl~zation, and r~medial Grade work to remove soil coverin~
the root flare structures that define the natural grade of a
woody plant. Additionally, determine the need for and implement
installation of barrier fencin~ and apply woodchip mulch to
protect root zones £rom d~ssication.
Selected trees will require borer control sprays on a monthly
basis to reduce Lhe potential for infestation of and vascular
damage by woodboring insects that are attracted to trees stress-
ed from root loss and physiological drought.
In summary, please r~f~r to the Tree surve~ and Tr~ Sur~e~
Glossar~ as an example of how each tree will be reviewed in
the field with appropriate recommendations. E~iDits I & ]~
outline plannin~ and i~[,pl~m~ntation formats and general tree
protection Guidelines. As pre-development information is forth'-
coming some aspects of tree-related recommendations are subject
to refinement.
214
04/11/?~ -- 14:S6 CITY OF- COPPF- 010
Page Four
MSH/MacArthur Park
April t9, 1994
We look forward ko the opportunity to work with you on thisl
interesting project and will be available to respond to
questions and concerns that may arise in your early stages
of planning.
Sincerely,
G. Sandy Ro~e, ASCA
Consulting Arborist
Shade Masters, Inc.
GSR/b~
04/11/~' 14:37 CITY OF COPPF 011
EX~iIBIT I
PLANNING & IMPLEMENTATION
PHASE I PLANNING
-preliminary site/tree plan
-access clearing
PHA~E II PLANNING
-tree survey.., tag and assess tree health & conditions
-de%ermine areas for construction staging, storage, parking
-review alternative construction designs/techniques
-finalize engineering & trees to remove
PHASE III PLANNING & PRE-CONSTRUCTION ACTION -finalize tree care recommendations/specs
-bid and implement pre-construction tree health management...
prune, fertilize, fencing, woodchips, selected tree removals,
and borer control
-establish a plan for tree watering during droughb
-prepare a }{ARDHATS FOR TREES* program for contractors, builders
and homeowners
-tree protection signage on-site
-pre-cons%ruction meeting with city and contractors, landscape
architect, developer, consulting arborist...HARDHATS FOR TREES*
PHASE IV CONSTRUCTION ACTION
-monitor root disturbances/repairs
-monitor tree responses.., soil moisture.., site protection
-arborist confers with developer/owner as required
* a program designed to make contractors, builders, owners, ~etc.
aware of the sensitivity of trees %o site disturbance activities
and why certain procedures have been employed; obtain their
coop~ratlon with the tree protection pro, ram
214 304 36?3
04/1L/9~ -- $4:37 CITY OF COPPF .... 012
EXItIBXT XI
TKE~ PROTECTION GVXDELINE$-G~N~RAL
A. determine the condition and health of a ~ree subject to grade
cuts, fill, compac~ion, etc .... will it survive?
B. 6' hgt. chainlink fence installed at '%he dripline perime~er
(minimum)... full enclosure may not be required
C. mulch should be spread under %he dripline to a thickness of 3"
for trees subject to soil compaction and drought
D. supplemental tree watering may be required to maintain proper
soil moisture conditions
E. soil boring under trees versus bypass trenching, at a miniimum
depth of 3 feet for buried utility lines.., borer pits start
at either sid~ of the dripline
F. bypass trenching minimum distance from trunk...
trunk diameter 18" trench distance 14'
24" 16'
30" 18'
36" 20'
42" 22'
G. large trees sustaining root loss from ~rade cuts or trenching
within 8 feet of the trunk may be subject to wind-throw snd
should be viewed as a potential liability.., root loss may also
impose considerable stress and decli~e r~sulti;]g in a hazard
H. pruning of trees subject to root loss may require compensating
removal of live growth of approximately 10-15%... sanitatiion
pruning to remove wea~ and deadwood should also be performed...
provide working clearances'for construction equipment and other
structures to prevent limb breakage... National Arborist
Association standards shall apply, unless otherwise noted
I. fertilization~soil aeration recommendations shall be determined
based upon soil reports, tree species, time of year, and health
of the tree(s)
J. remedial grade change.., remove soil covering root flares
K. borer control sprays ... apply Lindane insecticide at 21-30 day
intervals durin~ the months of March thru November
214 504 56?3
04/11/?'-- 14:37 CITY OF COPPF ..... 013
SHADE I I $TER$,
P.O. BOX 13533
ARLiNgTON, TEXAS 7~
817-~6~233
A Tree Survey is used in the review of trees for the determination
health cond~ion~, tree h~al%h managemen~ programs and to serve
as mn ~nventory. In conjunction with specifications this survey
can be u~d in %he procurement of bids from competent arborists.
CAL ... inches of trunk diameter for transplantable trees; trees
under 5" cal. are measured at 6" above grade; trees 5" and
larger are measured at 12" above grade
DBH ... inches of trunk diameter measured at 4%' above grade (dia-
meter breast height)
F~ED ...soil injection under high pressure of a suspension mix of
~ slow-release fertilizer; soil aeration is a valued
benefit of this procedure
XNVIGOI{ATE ... soil ~njecbion under high pressure of a soluable
quick acting but short-term macro and/or micronutiren~
fertiliuer as a stimulant for trees under stress, soil
compaction, c~nstruction damaged, or deficient in nutrients
PRUNE ... indicates recommendation for removal of live growth and/or
deadwood for a specific purpose, ie. sanitatio~, clearance
of structures, structural improvement, hazard reduction, etc.
G~ADE ... indicates that the natural grade of the tree has been
covered with soil or the ~ree has been plan~ed too deeply;
carefully remove soil fill to expose rod% flares; a tree
welt may result
GXRD RT ... need to remove encircling root(s) at the base of tree...
such a root will constrict trunk or root flare tissues
and impair vascular conductivity of water & nutrients to
the root system
~AR ... treat damage on trunk, root flare or limb caused by xnsects,
d~sease, lightning, animals, or mechanical ob3ects
INSECT . foliar, limb or trunk infestations that are or could be
i~jurious
DIM~AMM ... funsal or bac%erial lnfec%ions
(blank space) ... field notes ~larifying recommendations
~MOV~ ... cut tree or shrub to grade level
STUMP ... grind or cut stump to below grade level
04/11/9= -- 14:~8 CITY OF COPPF 014
SHADE MASTERS, ~Nc. CLIENT: M~,~,rt. hur Par. i{ .... ~_
P.O. 13OX 13~33
ARLINGTON. TEXA$ 7~ TREE OWNER: MS~,,, In~es~men~ ,. Inc ._ __
817-Z61~Z~
ADDRES~:_..M~cArthur Blvd. ~ Denton
Cr,~.ek, COPPell~ T~x~5
TREE SURVEY ... T~.~t ~ (sample) DATE: _.. APr.~ !_ 1994
214 504 56?5
04/11×.°~ 14:58 CITY OF COPPF 015