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.
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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 , .
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5640 E. Belknap St. • Haltom City, Texas 76117 • 817-834-1440 • Metro 817-267-0523
DEC 1 f 1999
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5640 E. Belknap St. • Haltom City, Texas 76117 • 817-834-1440 • Metro 817-267-0523
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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
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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
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