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HomeMy WebLinkAboutPZ Item 07 - Tree RemovalTO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: TREE REMOVAL REQUEST TR99-05, RENA MARSON DATE: FEBRUARY 1, 2000 RECOMMENDATION: Staff recommends the Planning and Zoning Commission consider Tree Removal Application TR99-05, Rena Marson, and take any necessary action. BACKGROUND INFORMATION: Ms. Rena Marson has submitted a Tree Removal Permit application for property located at the northeast corner of Dallas Road and Dooley Road. Staff observed the illegal removal of one fifteen -caliper inch Mulberry tree (tree # 4 on site plan) and the legal removal of one seventeen -caliper inch American Elm (tree #1 on site plan). The American Elm removed was within a utility easement and could be removed as a matter of right. The tree removal permit presented provides for a total of eighteen -caliper inches in new trees for the mitigation of the illegally removed Mulberry and provides for the removal of a twenty -caliper inch Mulberry from the northwest corner of the property. The applicant has provided letters from Mr. Billy Davis, Texas Certified Arborist, and Ms. Donna Kauffman, Horticulturist, stating that the Mulberry remaining on site is diseased and in a state of decline. Ms. Marson plans to remove the remaining American Elm in the utility easement as well. HTH/sk 0:\ZCU\TR99-05.4 DATE CASE RECITY OF GRAPEVINEI f, REE MOVAL • • 8. TREE INFORMATION REQUIRED ABOVE SHALL BE SUMMARIZED IN LEGEND FORM ON THE PLAN AND SHALL INCLUDE THE REASON FOR THE PROPOS ED REMOVAL, OR REPLACEMENT. 1. APPLICANT/AGES AME - COMPANY NAME�r�� L'��-�- , �-� ADDRESS CITY A STATE jp t� l WORK PHON 0 FAX NUMBER (J 2. APPLICANT'S INTEREST IN SUBJECT PROPERTY m Du 3. PROPERTY OWNER(S) NAME ADDRESS Zf P �X-'; CI STATE ��-STATE UMBER ��1�� FAX NUMBER--- PHONE -4. 4. LOCATION OF PROPERTY 5. EXISTING AND PROPOSED SITE ELEVATIONS, GRADES AND MAJOR CONTOURS. 6. LOCATION OF EXISTING OR PROPOSED EASEMENTS. 7. THE LOCATION OF TREES ON THE SITE TO BE REMOVED, OR REPLACED. 8. TREE INFORMATION REQUIRED ABOVE SHALL BE SUMMARIZED IN LEGEND FORM ON THE PLAN AND SHALL INCLUDE THE REASON FOR THE PROPOS ED REMOVAL, OR REPLACEMENT. G L C 17 1999 9. APPLICATION INVOLVING DEVELOPED PROPERTIES MAY BE BASED ON DRAWINGS SHOWING ONLY THAT PORTION OF THE SITE DIRECTLY INVOLVED, ADJACENT STRUCTURES, AND LANDSCAPING OR NATURAL GROWTH INCIDENTAL THERETO. 10. AERIAL PHOTOGRAPHS, AT AN APPROPRIATE SCALE, MAY BE SUBSTITUTED, AT THE DISCRETION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT, FOR A SITE PLAN IF ADEQUATE SITE INFORMATION IS SUPPLIED ON THE AERIAL PHOTOGRAPHS. 11 SIGNATURE TO AU APPLICANT (PRIN APPLICANT SIGNAT OWNER (PRINT) OWNER SIGNATUR ZE A TREE REMOVAL PERMIT REQUEST. SUBSCRIBED AND SWORN TO THIS DAY O IlAiA J 19 1 :S,y USANPublio HOWgRQN ARY PUBLIC FOR THE STATE OF TEXAS mmtsslon its of %xptres 02.1$,01� DATE OF LICENSE EXPIRATION IK NOTARY PUBLIC FOR THE STATE OF TEXAS DATE OF LICENSE EXPIRATION ---5' UTIILITY EASEMENT 5' UTIILITY EASEMENT PARKING LOT 5' UTIILITY EASEMENT 7' American Elm to ba ramoved 1. Tree Removal Application Legend Four trees currently exist at 829 South Dooley, with conditions thae warrant their removal under Section 52.H1(a), Section 52.H.1(b) • Tree Removal. 38' Am erican Elm to be rem oved Trees Labeled #1 and #2 Section 52.H.1(a) 2. Both these trees are L'eated in a utility Easement as recorded on a plat apprm•ed by the city conned January 21, 1997 signed by the mayor and city secretary. See exhibit A. • 1\ Section 52.1-1.1(b) These trees are Large American Elm. The structure of these \l trees is extremely unsafe. There are several insects and diseases weakening these trees. The crotching of the branches are at ` angles, which have caused the branches to split. There is slime \\j} flux or umng in prr ions wounds. It is was highly likely that the crotches in the branching will make the tree susceptible to future splitting of the branches causing a dangerous fall on the house. 5� TASTEFULLY YOURS ` Trees Labeled #3 and #4 DOGWOOD 829 SOUTH DOOLEY Section 52.H.1(b) The other two trees are fruitless Mulberry. These also GRAPEVINE TX harbor diseases, are short lived, and interrupt the function of ' `the Landscape Design. The Diseases are Bacteria! Blight, Leaf Spots, Canker, Powdery Mildew, and Root Rot Both of these trees are in decline. Trees Labeled #5, #6, #7, #8, 09, #10 DOGW000 A< 'gond faith effort establish six trees for a total of 6. 18,inches as to move forward with a tree replacement plan. Trees Labeled #11 and #12 Existing Trees to be prese-ed. RED BUD 8. RED BUD 7. EXISTING EXISTING AMERICAN SWEET ELM GUM 12. CHITALPA 15' Mulberry Trae To be Removed 10. =' CHITALPA 20 Mulberry Tree To be Removed 3. UNIQUE LANDSCAPING DESIGN AND CONSTRUCTION INC. DATE: 12199 uoRTH 2+ow.co11190a,n.100 Grapr,IHTx76051 Ie17Hea-a124 SCALE:'"=16' 'fact Person Donna Kauffman Bachelor of Science Horticulture, Tarleton State University 1984 Practicing Horticulture since 1983 in Texas including 3 years as Assistant Horticulturist in rant County at Texas Agriculture Extension Service. Currently Owner of Unique Landscaping Grapevine TX. Tree Removal Application Legend Four trees currently exist at 829 South Dooley, with conditions that warrant their removal under Section 52.H.1(a), Section 52.H.l(b) - Tree Removal. Trees Labeled #1 and #2 Section 52.H.1(a) Both these trees are located in a Utility Easement as recorded on a plat approved by the city council January 21, 1997 signed by the mayor and city secretary. See exhibit A. Section 52.H.1(b) These trees are Large American Elm. The structure of these trees is extremely unsafe. There are several insects and diseases weakening these trees. The crotching of the branches are at angles, which have caused the branches to split. There is slime flux occurring in previous wounds. It is was highly likely that the crotches in the branching will make the tree susceptible to future splitting of the branches causing a dangerous fall on the house. Trees Labeled #3 and #4 Section 52.H.1(b) The other two trees are Fruitless Mulberry. These also harbor diseases, are short lived, and interrupt the function of the Landscape Design. The Diseases are Bacterial Blight, Leaf Spots, Canker, Powdery Mildew, and Root Rot. Both of these trees are in decline. Trees Labeled #5, #6, #7, #8, #9, #10 As a good faith effort establish six trees for a total of 18"inches as to move forward with a tree replacement plan. Trees Labeled #11 and #12 Existing Trees to be preserved. 12-13-99 To Development Services: � 1 '` 1939 There is a two year history of great concern for the imminent danger that some American Elms possess to our property at 829 S. Dooley and to the property owners around us, and to our own personal safety. (see attached correspondence) Two years ago Scott Williams determined that the trees were not a threat and instructed us to obtain, at our own expense, a certified arborist to advise us otherwise and he would allow the removal. We hired J. Davis Tree Service to advise us and he advised us to take out the trees. They were also looked at by Donna Kauffman with Unique Landscaping and she also agreed that they should be removed. We filed this paperwork with Scott Williams. After doing as instructed, he still would not allow the removal so we just let the trees stay. Those trees would still be on our property, had it not been for the crisis I was in when the last wind storm had prompted me to take immediate action to protect myself, my property and the surrounding properties. The Fruitless Mulberry tree has been a traffic concern for several years. In the time we have owned the property, it has been a constant danger in pulling in and out of the driveway because it greatly restricts visibility to traffic coming from Dallas onto Dooley. It had been documented by J. Davis that this tree has been a hazard for some time, so when he came out to remove the Elm that was causing the immediate concern, it only made sense to do this removal at the same time. It was never my intention to disregard policy, but I simply panicked when I felt that the tree might actually fall. The permit I needed to have was not something I even thought about until Scott Williams drove up on the day of removing the trees. I consider myself to be a law abiding citizen who always tries to do the right thing. I have no history of not following the rules. We will replace the loss of the two trees with trees that, at maturity, will have the same grandeur of the two that were lost. I appreciate your consideration and your compassion in resolving this matter together. Res ectfully, Rena ' ars n Tastefully Yours, Inc. ]--.lapis Tree Service 56540 F Uclknop St. 1 !. GVorclt TX 765 117 (317) 222-9494 Far: (817) 334-0852 FAXTRANSMISSION COVER SI IEET Date: 1997 .l'ax: � Y,-2 6 Subject: S • 190a1eY t � ecJlh2 Sender: ILL, DWJtS t Q_ � _jt S ' %"� � C!�124 0[= C 17 1999 310U SHOULD ITCEI VI; 3 PAGE(S), INCLUDING THIS (.'OVI.--R Sr lrr'1: IF 1`0U DO NOT RECEIVEALL 77IIF PAGES, PLL11SI: CALL (8 17) 222-9494 . Ken, MAA-st'r , . �a R S' 000lei G C -CA Pe v�VAt (TeXaS AWL 1 ) TREE CARE SERVICE] rn Pr &-� Pro eP-`--� `� 6 h a -t- To S cal e. 01C 1 1999 5640 E. Belknap St. • Haltom City, Texas 76117 • 817-834-1440 • Metro 817-267-0523 DEC 1 f 1999 TREE CARE SERVICES" O t t Ot1J df �"� e `�-tLe 2S r,Y k es 1 r �n 5 Gi r^ e 0.S ot,ss, Qlea,se see ryxcy -f'a �v(ros��.tdl rtu",berj w�f� eorc� fiCLees . Ph7 c�c&eS C tcMSi p(Cc'�S-e C�o e- e-,kt U-e.m e- I � 1 Ft Z (a rci�O � S Ge K c�r?rl iwr Caused b s F l ftl�h� o`� -1iAe Mc6l h -�-re,A- fA k (� ale fihe -Greet CQt&Q -t-ke -�azz" -t-ka�t oje�{,aK�� 5�ru�rtures -5:TMv ct ak's —r(2ee, ° `T 1��s 't"rte S oiOji ac cs/ j Old anJ2 de-CII'h r'n c� t a�cQ be cu4se -3° �t Ljcf , reper " 0v-er vNco root -zon e- v-) c k W % 11 o h � I S. pee c�ec.` o -t-tiis`I`ree_ o�vJ "t ke. do Kc e..r- o-� o r\ vVee- . 6d �tr"kc res ) W o u CQ a�a y s be.in� r�`a.c�e� b� b�r�e�s t}n� c,�1c`1( heedl -tree be C-O-V'se j {- iN CLS P lante6S e. dim Cccus,'n� r-vcs '`fib wS theS�ree7` c,�KCess t 1' IS r-(f3u.loA l prwY�es- back it w !t bloc -k vet'Li o -C -trrc,-G6'c . r 5640 E. Belknap St. • Haltom City, Texas 76117 • 817-834-1440 • Metro 817-267-0523 x� UNIQUE LANDSCAPING DESIGN AND COQTRUCTION INC. 520 South Main Street, Suite 101, Grapevine TX 76051 (817)-488-4124 Donna Kauffman Bachelor of Science Horticulture Tarleton State University 7 984 Practicing Horticulture since 7 983 in Texas including 3 years as Assistant Horticulturist in Tarrant County at Texas Agriculture Extension Service. Currently Owner of Unique Landscaping Grapevine TX FAX: 424-0545 Dear Mr. Williams: Five trees currently exist at 829 South Dooley, with conditions that warrant their removal under Section 52.H.1(b) - Tree Removal. Three of these trees are Large American Elm. The structure of these trees is extremely unsafe. There are several insects and diseases weakening these trees. The crotching of the branches are at narrow angles, which have caused the branches to split. There is slime flux occurring in previous wounds. It is highly likely that the narrow crotches in the branching will make the tree susceptible to future splitting of the branches causing a dangerous fall on the house. The other two trees are Fruitless Mulberry. These also harbor diseases, are short lived, and interrupt the function of the Landscape Design. The Diseases are Bacterial Blight, Leaf Spots, Canker, Powdery Mildew, and Root Rot. All five of these trees are dying. The property is being transformed into a catering business. A landscape plan has been developed to enhance the building, -add interest in all seasons, and provide sources of seasonings for foods to be consumed, and in some of the products prepared at Tastefully Yours. Please allow us to remove these five dying trees from the above referenced address, without filing for a Tree Preservation Permit, seeing that all four trees meet the conditions under Section 52.H.l(b) - Tree Removal. Your time and consideration in greatly appreciated. DK:sg Sincerely, Donna Kauffman <-1-Li fo 2- "GRAPEME, T E, X A S-1� A Fitture With A Past C'11Drdz 0 September 23, 1997 Ms. Rena Marson 829 South Dooley Street Grapevine, Texas 76051 Ms. Marson, I am in receipt of the fax from J. Davis Tree Service regarding the trees located at 829 S. Dooley Street. I understand that the trees outlined in this report are in need of attention, however, in order to remove these trees, approval must be granted by the Planning and Zoning Commission. You may contact Ron Stombaugh with the Planning Department at 410-3155 to have your case put on the agenda. you, It # VIM I Sc tt Williams Bu' ding Official 0:\swVnarson.922 THE CITY OF GRAPEVINE F)FVFT nPMPNIT qPRVTCF"Z Pr) P,, Q� I nA - -F.,..., '7 /,()00 N4- Q 1 -7/IQ I - r) -2 '7 -7 tVINE: ` 1 1: 'A :ewe; f December 7, 1999 Ms. Rena Marson 829 S. Dooley Street Grapevine, Texas 76051 A Future With A Past CERTIFIED MAIL — Z 469 489 975 Ms. Marson, On December 6, 1999, 1 observed two trees being cut down on the above referenced property. I immediately stopped the work and informed the employees of J. Davis Tree Care Services of the violation. I also spoke with you regarding the violation. I observed 63 inches of trees illegally removed. In August and September of 1997, you requested tree removal on your property. On both occasions I responded in writing that a tree removal permit would be required from the Planning and Zoning Commission. I also provided you with the name and phone number of the City Planner, who would help you process the permit application. Ms. Marson, you are hereby required to submit a tree removal permit within 10 days of receipt of this certified letter. Failure to do so will result in further action by the City of Grapevine. Please note from the attached requirements that a tree replacement plan shall be submitted. This application may be submitted in lieu of, in conjunction with, or independent of, an application from J. Davis Tree Service. If you have any questions, please do not hesitate contacting my office at 817- 410-3158. Thank ou, S ott Williams Building Official Development Services O:\sw\marsontree THE CITY OF GRAPEVINE DFVF,(.0PN1F.NT SFRVICFS P 0 Rox 9S104 • Granevine. Texas 76099 • PhOne N -Jell -0 817/-110-31I 4 tN "GR WINE A Future With A Past December 7, 1999 Mr. Billy Davis J. Davis Tree Care Services 5640 E. Belknap Haltom City, Texas 76117 Mr, Davis, On December 6, 1999, 1 observed employees of your tree service cutting down trees at 829 S. Dooley Street, Grapevine, Texas. I immediately stopped the work on the project. I informed Phillip Davis that the tree removal was in violation of the City of Grapevine Zoning Ordinance. Mr. Davis, I have enclosed a copy of the City of Grapevine Tree Preservation Ordinance. As you can see, any tree removal (other than owner occupied single family property) requires a tree removal permit, a building permit, and/or approval from the Director of Development Services. The tree removal you performed is a direct violation of this ordinance. We have established that you have removed 63 inches of protected trees. By this transmittal, I am notifying you that you have 10 days to make application to the Development Services staff for a tree removal permit. I have enclosed the requirements for submitting this application. Please note that a replacement tree plan is required. This application may be made in conjunction with, or independent of, the property owner. Failure to comply with the terms of this letter will result in further action by the City. If you have any questions, please do not hesitate contacting my office 817-410- 3158. Thank you, S Ott I Ott WilliamsIlr tilding Official Development Services 0:\sMdavistree THE CITY OF GRAPEVINE nr-NlrT nr1N4r7\f1r QrDvT(-rcl n r, n , , c , , , - — - I — — .. - 1-11 — I I c i ow