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Home My WebLink AboutPZ Item 17 - Tree Removal Request TR99-05, Rena MarsonP; LirEM OR /I TO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: TREE REMOVAL REQUEST TR99-05, RENA MARSON DATE: FEBRUARY 15, 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 includes a request to remove 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 also plans to remove the remaining American Elm in the utility easement. HTH/sk 0:\ZCU\TR99-05.4 .. D CASE ATE REMOVALCITY OF GRAPEVINE APPLICATION 1 . APPLICANT/AGEN AME COMPANY NAME ADDRESS ----- 71 CITY STATE WORK PH0N _ 0 FAX NUMBE ( `C� ,, '' ll� 2. APPLICANT'S INTEREST IN SUBJECT PROPERTY W 3. PROPERTY OWNER(S) NAME �n ADDRESS CI STATE ZIP Z PHONE , FAX NUMBER 4. LOCATION OF PROPERTY � - 4�5D L 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. g. TREE INFORMATION REQUIREDSLAiNCOVE SHALL BE LUDETHE REASON nFORiZED IN LEGEND THE PROPOSED FORM ON THE PLAN AND HAL REMOVAL, OR REPLACEMENT. o E 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 A APPLICANT (PRINT) APPLICANT SIGMA ZE A TREE REMOVAL PERMIT REQUEST. OWNER SIGNAI SUBSCRIBED AND SWORN TO THIS , DAY O 7 SU Notary pubitM HaWAAD %> •`',MY Co"'isslon �Weof Texas x000 lopes sn,...._ _ S 02-18-01 NGTARY PUBLIC FOR THE STATE OF TEXAS DATE OF LICENSE EXPIRATION SUBSCRIBED AND SWORN TO THIS DAY OF , 19_ NOTARY PUBLIC FOR THE STATE OF TEXAS DATE OF LICENSE EXPIRATION 5' UTIILITY EASEMENT RED BUD 7 UTIILITY EASEMENT PARKING LOT 5' UTIILITY EASEMENT .17" American Elm to ba removed 1 i 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 52.4.1(6) - Tree Remm•al- ascan Elm to be rem oved Trees Labe!ed #1 and #2 Section 52. H.1(a) 2 Both these trees are Ineated in a Utility Easement as recorded �.: on —1 ` a plat app—ed by the city council January 21, 1997 signed by the mayor and city secretary. See exhibit A. Section Thee Rees 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 arglu, which have caused the branches to split There is slime flux oce:mng in previous wounds. It is was highly likely that the crotches in the branching will make the tree susceptible to fut(ree spatting of the branches mousing a dangerous fall on the D5 TASTEFULLY YOURS Trees Labeled, t3 and#4 OGWOOD 829 SOUTH DOOLEY -`estion 52'".1(b) The ether two trees are Fruitless Mulberry. These also GRAPEVINE TX harbor diseases, are short lived, and interrupt the function of ne 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, #3, #9, #10 DOGWOOD'Va good faith effort establish six trees for a total of 1-1 6. '18"in¢es as to move forward with a tree replacement plan. RED BUD e. EXISTING SWEET GUM 11. a 20' Mulberry Treo To be Removed 1 CHIT Trees I P"c-ied #11 and k12 t.ist,ng Trees to be preser,ed. EXISTING AMERICA] ELM 12. 4. 15" Mulberry Tres To be Rsm oved �LAND�2CAPIN�GDIR�IGN ND CONSTRUCTfON iNC. DA�jnpORTND51 (8771-a8aT R .�{ SCA' onfact Person Donna Kauffman Bachelor of Science Horticulture, Tarleton State University 1984 practicing Horticulture since 1983 in Texas including 3 years as Assistant Horticulturist in arrant 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.1(b) - Tree Removal, Trees Labeled #1 and #2 Section 52.H.l(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.l(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.l(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: 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, )k Rena 'ars n Tastefully Yours, Inc. t -Y I "apis ree p,ice Ric. 56540 E. Belknap St. 1't, YV"nrtl► JX 76117 (817) 222-9494 F(tr: (817) 834-0852 FAX TRANSMISSION COVER SI IEET Date: 1997 Subject. S. Gr-fevl^�- Sender: '-SfLLy 0j{itS 1 "O U ST IO ULI7 UCI;I VI; 3P�� GL (S), INCL U1 SING Z 111 S CO VT R SI II F"1: IF YOU DO NOZ' R.ECEIVF,- ALL THE PAGES, PLE11SE CALL (817) 222-9494. G r<A (-Te)1as 0-'� P(-3 C °-t- `ro 5 cA I e) 9-q9 L 5640 E. Belknap St. • Haltom City, Texas 76117 • 817-834-1440 • Metro 817-267-0523 TREE CARE SERVICES" �2nc" t y op of maker t4-6 %SnS arc 0.S `To i(ou�s. Qjea,S-e see t'nae -t-D r_o,^ro, p3,S t` w,6erf Omer. f I t ° Due -t- -�k e exp 1111c -m e. ( h A Z a rS0 us b �1 CctuSes � sPI(+t�n� 0--� +ke- '-\ --t-('L,k,K 1 a fihe free t �h� e - �" `f c�fi c.` o er ham s Si`ruc��res S � J es7 rer� c� { cr� fih s rt e e Tl,'s -t-rce is o(o,)iOL411� otd OIK'Q dedi'AI'nc� -3' &�--rr+1� htli pc,,. ' CLI-er root Zon e!, �'j ck W t 11 o n 1 S Pe a LA-r -� h remain l G�n� is beth �ta.c�e� �� borers �KoQ tvc`I( heed Q- c-e m o � � r -F Fr`� S c,-�efi� r,ea �ruifitss 1Y�,,�1lberry (-ecbrnMen'Q removes(o ��rr`s tee beccc�Se t �- wc4s P(antfQ �a.r�� dim CccutSl'n� t`t �'a � rvc,.s � w�S the Si:'�ee� it uj li block- vert,) 0-F Y16 µ 5640 E. Belknap St. • Haltom City, Texas 76117 • 817-834-1440 - Metro 817-267-0523 UNIQUE LANDSCAPING DESIGN AND CONSTRUCTION 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.1(b) - Tree Removal. Your time and consideration in greatly appreciated. Sincerely, Donna Kauffman DK:sg F T El X ;A S September 23, 1997 Ms. Rena Marson 829 South Dooley Street Grapevine, Texas 76051 Ms. Marson, A Future Witli A Past 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. ank you, 'I VrV I Sc tt Wams Bu. ding Official 0:\sw\rnarson.922 THE CITY OF GRAPEVINE DEVELOPMENT SERVICES P.O. Box 95104 - Grapevine. Texas 76099 - Phone Metro 817/481-0377 -4w- 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. t 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 s Development Services O:\sMmarsontree THE CITY OF GRAPEVINE DEVELOPMENT SERVICES P.O. Box 95104 * Grahc vine, Texas 76099 * Phone Nictr, 817/410-3 154 �� i"EAlI NE 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 Williams ilding Official Development Services OAswWavistree THE CITY OF GRAPEVINE nEVELOPNIFNT SERVICES RO. E3Oy Q510 -t • Grancvinc. TcF<l, 76000 • Phonc AIctrn 817/ -lit) -_)l`4 �