HomeMy WebLinkAboutPZ Item 07 - TR99-02 Genesis Real Estate Group4-7-f
ITEM �►
TO: PLANNING AND ZONING COMMISSIONERS
FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: MARCH 7, 2000
SUBJECT: TREE REMOVAL APPLICATION TR99-02 FOR GENESIS REAL
ESTATE GROUP
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission consider Tree Removal
Application TR99-02 for Genesis Real Estate Group and take any action deemed
necessary.
BACKGROUND INFORMATION:
The Planning and Zoning Commission considered a Tree Removal Permit Request for
this property at the December 15, 1998 meeting and the September 7, 1999 meeting.
The Commission denied the Tree Removal Request and mitigation plan for property
located northeast of Bass Pro Drive and Enchanted Way on both occasions. The
applicant was directed to deposit $44.00 per caliper inch for 2056 caliper inches of trees
in escrow with the City of Grapevine.
Genesis Real Estate Group has submitted another application for the site for Planning
and Zoning Commission consideration. The applicant has submitted a new Tree
Replacement Plan that provides for the planting of trees in the rights -of way along Bass
Pro Drive, Enchanted Way, and Genesis Way. This accounts for 432 inches of the
2056 caliper inches which were removed illegally.
The trees and drip irrigation along the northern right-of-way of Bass Pro Drive and the
Enchanted Way right -of way will be planted in March of 2000. The remainder of the
trees along Genesis Way and the Enchanted Way extension will be planted when all
improvements are completed. The funds required for the completion of this project will
be placed in an escrow account to ensure the money will be available for the completion
of the project.
The applicant also proposes to dedicate the right-of-way for Genesis Way and to require
the remaining 1624 inches to be planted on the subject property through deed
restrictions and covenants. The trees to be replaced will be proportionally distributed
across the remaining eight tracts or 37.65 acres of the development.
CASE HISTORY:
On the afternoon of May 29, the Building Official and Code Enforcement Officer found
that a large-scale tree removal was in progress at the site. The contractor responsible
for this work was Jack Kirkby. Staff questioned the people doing the work and found
that they were employed by Bill Thompson of Genesis. The Kirkby Company was
issued a stop work order and vacated the property. On June 1, Staff surveyed the
subject property and found that many of the trees had been chipped or buried on the
site. As a result, Staff was unable to clearly identify the number of trees that had been
removed. Staff also placed a call to Mr. Thompson, but was advised that he was out of
the country until June 10, 1998.
On June 15, 1998, Staff notified Mr. Thompson, via telephone, that the tree removal
was illegal and that he needed to apply for a Tree Removal Permit and submit a
mitigation plan that would replace the trees inch for inch.
Staff sent Mr. Thompson a letter, dated July 16, 1998, requesting that a "Tree Removal
Permit" and mitigation plan be submitted by July 30, 1998, to avoid further action by the
Department of Development Services.
Mr. Thompson failed to respond to this letter and received two subsequent letters from
staff, dated October 15, 1998, and November 6, 1998. Both letters encouraged Mr.
Thompson to comply with Section 52 of the City of Grapevine Zoning Ordinance and file
a Tree Removal Permit. Furthermore, the letter dated November 6, 1998, gave Mr.
Thompson ten days to submit the required material or face further immediate action by
the City.
Subsequent to the final notice, the engineering firm of Goodwin and Marshall filed for a
"Tree Removal Permit" as Mr. Thompson's agent on November 18, 1998. This plan
estimated that 309 trees (2056 caliper) inches were illegally removed from the property
and offered to replace 512 caliper inches. The plan also requested that all replacement
trees be utilized entirely for the subject property. Staff responded with a request for
resubmittal of the mitigation plan that included plans to pay to replace a greater number
of caliper inches than the initial plan. Any further replacement should be in addition to
the plan he has submitted.
Mr. Thompson responded to Staff's request that he consider payment for a greater
number of trees in a letter dated December 10, 1998. In the letter he stated that, "As it
is D/FW North Ltd.'s intention to mitigate onsite and belief that our proposal creates a
"positive" for both the City and our site, we do not see a need to "arrange and make
some payment for trees in addition to (the) current proposal." The applicant further
states, "I have reviewed the City's comments and feel that my original Mitigation
Proposal addresses the issue satisfactorily."
Mr. Thompson resubmitted his initial tree removal and mitigation request twice. Each
time, The Planning and Zoning Commission has decided to assess a fine for the trees
illegally removed on both plans. This is the third submittal to the Planning and Zoning
Commission. Mr. Thompson feels that this is an equitable solution that will provide for
the replacement of all trees illegally removed.
CITY OF GRAPEVINE t
TREE REMOVAL APPLICATION-
1.
PPLICATION 1. APPLICANT/AGENT NAME Mr. William Thompson
COMPANY NAME Genesis Real Estate Group
ADDRESS 5710 LBS Freeway
CITY Dallas STATE Tx ___71p 75240
WORK PHONE (972) 404-8288 FAX NUMBEa- (972) 404-1341
2. APPLICANT'S INTEREST IN SUBJECT PROPERTY Managing
Partner
3. PROPERTY OWNER(S) NAMEDJFW North, Ltd.
ADDRESS 5710 LBJ Freeway
CITY Dallas STATE Tx ___71P 75240
PHONE_ (972) 404-8288 FAX NUMaM ( 972) 404-1341
4. ADDRESS OF SUBJECT PROPERTY 2000 Block of Enchanted Way
5. Location of all existing or proposed structures, improvements such as streets,
alleyways, etc. and site uses, properly dimensioned and referenced to property
lines, setback and yard requirements and special relationships.
6. Date, scale, north point, and the names, addresses and telephone numbers of both
property owner and the person preparing the plan.
7. Existing and proposed site elevations, grades and major contours.
8. Location of existing and proposed utility easements on the lot.
9. Location and dimensions of visibility triangles on the lot.
10. Survey locating trees on the site to remain that are three (3) inch caliper or greater
when measured at a point four and one-half (4-112) feet above the ground level.
OAZMAPP-TREE 2
9/97
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Trees to remain shall be designated by a circle
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11. Survey locating trees on the site to be removed that are three (3) incWt1ril er r
greater when measured at point four and one-half (4-1/2) feet above the.9roPnd
level. Trees to be removed shall be designated by a triangle.
12. Tree information required above shall be summarized in legend form on the plan
and shall include the reason for the proposed removal. This same summary shall
also be submitted on an 8.5" x 11" sheet of paper.
13. Tree Replacement Plan: The plan shall exhibit the location of proposed trees to be
replaced and include a legend indicating the species, caliper size and height of
proposed tree replacement. Replacement trees shall be designated by a square.
The legend shall also be submitted on an 8.5" x 11" sheet of paper.
(a) No replacement tree may be planted wit:hin a visibility triangle, a water
course, or an existing or proposed street or alley.
(b) A replacement tree must have a minimum caliper of at least three (3)
inches when measured at six (6) inches above ground level.
(c) A replacement tree that dies within two years of the date it was
planted must be replaced by another replacement tree that complies
with the Tree Preservation Permit.
14. Tree Protection Plan: The plan steal! describe how existing healthy trees proposed
to be retained will be protected from damage during construction,
THE DEVELOPYZNT SERVICES STAFF WILL DETERMINE THE AGENDA FOR EACH
OF THE PUBLIC HEARINGS. BASED ON THE SIZE OF THE 8!2ENDA, YOUR
APPLICATION MAY BE RESCHEDULED TO A LATER DATE.
15. SIGNATURE TO AUTHORIZE A TREE REMOVAL PERMIT REQUEST.
APPLICANT (PRINT) mr- William Thompson
APPLICANT SIGNATU
OWNER (PRINT) mr- William Thompson
OWNER SIGNATU
0:2WAPP-TREE 3 9197
SUBSCRIBED AND SWORN TO THIS
YOF
NOTARY PUBLIC FOR THE STATE OF TEXAS
q1, �/ () z
DATE OF LICENSE EXPIRATION
SUBSCRIBED AND SWORN TO THIS DAY OF '19-
0:\ZCU\APP-TREE
NOTARY PUBLIC FOR THE STATE OF TEXAS
DATE OF LICENSE EXPIRATION
El
AUG 2 4 1999
9/97
GOODATINZ CIVIL ENGINEERS — PLANNERS — SURVEYORS
November 22, 1999
Mr. Tommy Hardy 7 T'�.T1<;;
Director of Development Services NOV 1999
City of Grapevine
P.O. Box 95104 BY:
Grapevine, TX 76099
Re: Tree Planting Plan for Bass Pro Drive, Enchanted Way, and the proposed Genesis Way.
Dear Mr. Hardy:
Goodwin & Marshall, Inc. is responding on behalf of our client, Mr. William Thompson, Genesis
Realty Group, to our meeting approximately two months ago. Landscape Consultants, Inc. has prepared
a tree planting plan for the right-of-ways of Bass Pro Drive, Enchanted Way, and the proposed Genesis
Way. A copy has been enclosed with this letter.
128 trees are shown on the Concept Plan adjacent to the Genesis Addition property. In addition to these
trees we discussed landscaping the Enchanted Way right-of-way adjacent to the Bethel Center property
( approximately 1300 If) and the Genesis Way right -of way adjacent to the Ramada and Spencer tract
(approximately 16701f).
Deducting 10% of the frontage for driveways, the additional right-of-way will result in the following:
46 Pear trees adjacent to the Bethel Center.
13 Cedar Elm trees adjacent to the Ramada.
46 Cedar Elm trees adjacent to the Spencer tract.
This will result in a total of 128 on-site trees and 105 off-site trees (totaling 233 trees, 700 caliper -
inches). These trees will be in the right-of-way and in addition to the required site landscaping.
Please contact me if this plan is agreeable to you or if you think revisions are necessary. Once a plan
is accepted by the City it will be necessary to decide which trees can be planted at this time and how
to link the tree planting to the future construction of Enchanted Way and Genesis Way.
Sincerely,
Goodwin & Marshall
Edward T. Kellie, P.E.
ETK/j c
cc: Mike Sullivan, Landscape Consultants
Wm. Thompson, Genesis Group
6001 ®RIDGE STREET, SUITE 100 / FORT WORTH, TEXAS 76112 / 817-429-4373 (METRO)
N
N
Proposed Agreement between City of Grap
devine and
D/FW North, Lt.:
1. D/FW North, Ltd, shall plant trees in the rights-of-way along the north side
of Bass Pro Drive, the east side of Enchanted Way, and both sides of
proposed Genesis Way (see drawings).
2. The spacing of the trees will be 25 foot centers along Bass Pro Drive and
Enchanted Way and 40 foot centers along Genesis Way.
3. All trees along Enchanted Way and Bass Pro Drive must be planted at the
same time (within 30 days after the sale — about March, 2000 - of a two
acre site at the northeast comer of Bass Pro Drive and Enchanted Way).
4. The money for trees and drip irrigation must be placed into an escrow
account at the time of planting of item number three listed above to ensure
that funds will be available for the installation of said landscape
improvements along extended Enchanted Way and proposed Genesis
Way.
5. D/FW North #2, Ltd. must dedicate the right-of-way for the proposed
Genesis Way at signing of this agreement.
6. The total caliper inches of trees required for item number one listed above
shall be subtracted from 2,056 caliper inches. This remainder shall be
evenly distributed over 8 tracts or 37.65 acres. This shall be done by the
use of deed restrictions and covenants. These new trees shall be planted
at the time the required landscaping is done for each tract.
Agreed and Accepted,
City of Grapevine
G:kU$CRSACOMMON1ThompGoniGrat)iivine,coc
218100
Agreed and Accepted,
D/FW North, Ltd.
General Partner
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Proposed Agreement between City of Grapevine and
Q/FW North, Ltd.:
1. D/FW North, Ltd. shall plant trees in the rights-of-way along the north side
of Bass Pro Drive, the east side of Enchanted Way, and both sides of
Proposed Genesis Way (see drawings).
2. The spacing of the trees will be 25 foot centers along Bass Pro Drive and
Enchanted Way and 40 foot centers along Genesis Way.
3. All trees along Enchanted Way and Bass Pro Drive must be planted at the
same time (within 30 days after the sale — about March, 2000 - of a two
acre site at the northeast comer of Bass Pro Drive and Enchanted Way).
4. The money for trees and drip irrigation must be placed into an escrow
account at the time of planting of item number three listed above to ensure
that funds will be available for the installation of said landscape
improvements along extended Enchanted Way and proposed Genesis
Way.
5. D/FW North #2, Ltd. must dedicate the right-of-way for the proposed
Genesis Way at signing of this agreement.
6• The total caliper inches of trees required for item number one listed above
shall be subtracted from 2,056 caliper inches. This remainder shall be
evenly distributed over 8 tracts or 37.65 acres. This shall be done by the
use of deed restrictions and covenants. These new trees shall be planted
at the time the required landscaping is done for each tract.
Agreed and Accepted,
City of Grapevine
G;IUSERSICOMMONNThompsontGrapevine.00c
Agreed and Accepted,
D/FW North, Ltd.
General Partner
FELLOWSHIP OF LAS COLINAS
VOL. 11578, PG. NH
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FELLOWSHIP OF LAS COLINAS
VOL. 11578, PG, 011
O.R.T.C.T.
STATE OF TEXAS,-
CDUNTY OF TARRANT:
BEING a 39. Ab.334 acre tract of gland0 f situated in the H, 99S Survey. Abstrgact No. 1415 and the J. Gibson
land eas tlescribeDNIn deeYdy totOFN-NORTGraHet2nalT0�rrrecordediSn Volume if152. aPayoet 179! that
pees tract of
tocD/FW otmRtHrLIMITErant EDDUPARTNEASSHiP. rrecardeddin Volumen766gt pagsame I ORtTCT and betnpescribetl in deed
more particularly described as follows:
BE6I1,141 at a S/2" iron rod set in the east Ifne of State Highway No. 121 (Variable width R.O.N. -
Per Volume 5150, Page 694, ORTCt) et the southwest corner of Lot 1, Block 1 of Genesis Admit ion, en
add![fort to the City of Grapevine• Tarrant County. Texas. according to the Amended Final Plat recordetl
1n Cabinet A. S11tle 2858 of the Plat Records of Tarrant County. Texas (P TCT). said point lying in the
west line of said DFN-NORTH a2, LTO. tract; Highway THEUE
Of 451.76 f2 7LT0. tract ealonq the South Aline of ssaf,State1Hi81ock No. 121 andes thedwest lin distance
Of 451.76 feet to a 3/2" Iron rod set at the Southeast corner of said Lot 1. 81 Mk 1 of Genesis AtldStion;
THENCE N 00'02'45' E along the east line of said Lo t f. 81Rtk S of Genesis Addition• at a esis Add of
210.00 feet passing O !/2' iron rod set at the northeast corner of said Lot 1. Block 3, continuingadsc a total
distance of 245.00 feet to a i/2" iron rode Set at the northeast corner of a 35.00 toot At
dedication, saitl point 1y3n0y 3n the north Ifne of saitl OFM-NORTH f2. ITP. tract and the south line of a
tract Of land as deserAbed in deed to Marion 6. Spencer and Sharron M. Spencer, recorded in Volume
11038, Page 1190. ORTCT;
Ify1. ORTCT), along the north
'Acer tract, a distance of 1008.66
)RTH e2. LTO. tract and the
'ine of a tract of lana as described in
11. DRTCT. from
iron rode found bears N 36'33'23'
tract and a west line of said
rod found, continuing a total
at the southeast corner of said DEN-
S tract and an angle paint
ATH LIMITED PARTNERSHIP.
THENCE S 87'53'52- E. along a north line of saitl 0/FW NORTH LIMITED PARTNERSHIP tract and
along said FELLOWSHIP OF LAS COLINAS tract. a distance of 122.94 feet to the northeast corner of
COLO 0/FN NORTH LIMITED PARTNERSHIP tract and an ell Corner of said FELLOWSHIP OF LAS
COLINAS tract:
THENCE S 00'00^45' N, along the east line of said O/FW NORTH LIMITED PARTNERSHIP tract
and a «e
st Ifne of said FSchoolHIP OF LAS ableCOLINAS tract, a Distance of theast7 feet to a point In
the north Ifne of Bethel School Road (Variable Width P.O .M.) at the southeast corner of said 0/FN
NORTH LIMITED PARTNERSHIP tract:
THENCE N 89'28'08' M. departing the west line of Said FELLOWSHIP T LAS idLD1MAS tract,
PARTgg the nprth line Of said Bethel School Road and the south line of said D/FN NORTH LEMITEO
PARTNERSHIP tract, a tlistance of 712.96 feet to the intersection of the north line of said Bethel School
Road, with the east ISM of Enchanted May (Variable width R.O.W. at the point - Per Cabinet A. sl Ida
3543, PRTC7;
'/
1 39 N, departing the north line of said Bethel School Road and the south line of said
distancFW cee7ofLMIT6Dfeet 7O a�nlanglacpoint Salonn the east the t.e]fnelof sofdsEnchanted EnchanWay (7ted 0' H.O.X. at this point);
THENCE N 00'01'19' W. along the east line of said Enchanted Way, a distance of 1281.97 feet to the
northeast corner of the existing platted terminus of said Enchanted Nay:
THENCE N 89'2G'31' M, along the north It" of the existing Platted terminus of said Enchanted Way, A
tlistance of 35.00 feet to the West line of said D/FW NORTH LIMITED PARTNERSHIP trect and the
test line Of a tract of land as descr load in deed to THOMAS C. MCBRIDE. at A]_ recorded 1n Volume
4812, Page 429• ORTCT;
THENCE N 00'01'19' W. departing the north line of [he existinngg Dlat[ed terminus of said Enchanted
Nayys� along the west line of $a of 0/FX NORTH LSMITED PARTNERSHIP tract and the east !Ane of said
THOMAS C. McDRIDE, et al. tract, a distance of 7.94 feet to the northwest corner of said D/FN
NORTH LIMITED PARTNERSHIP tract, the northeast corner of said THOMAS C. McBRIDE• at al.
tract. and the south line of saitl DFN-NORTH e2. LTD. tract;
THENCE N 69'59"22' N. along the south Ifne of said OFN-NORTH f2, LTO. tract and the north line of
said THOMAS C. W IDE, et al. tract, a distance of 831.08 feet to a Texas Highway Department
concrete monument found in the east Ifne of saitl State Highway No. 121 at the southwest corner of said
OFW-NORTH Q. LTO. tract, the north«est corner dt saitl THOMAS C. MC8RIOE, et al. tract and the
northwest corner of LOTS S-7, BLOCK 1, BETHEL CENTER an addition to the City of Grapevine.
Tarrant County. Texas as recorded in Cabinet A. Slide 3543. PRTCT, said point lying 1n a circular curve
to the right. having a radius that bears N 84'21'14' E.5'916.93 feet:
THENCE Northeasterly, along the east line of saitl Slate Highway No. 121, the west line of said OFW-
NORTH e2, LTO. tract and saitl circular curve to the right. through a central angle of 20'22'44', an arc
tlistance Of 326.13 feet and having a chord that bears N 04'32'36' E. 324.41 feet to the POINT OF
BEGINNING and containing 1,713.383 square feet or 39.334 acres of land.
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D/FW NORTH LTD.
5710 LB7 Ffer;way
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VICINITY MAP
NTS
CASE NAME, GENESIS ADDITION
CASE NUMBER, CP99-02
LOCATION. 2020 EncMmled Way
Genesis Addition
MAYOR SECRETARY
RATE,
PLANNING AND ZONING COMAgSSION
CHAIRMAN
DATE,
SHEET OF
APPROVAL DOES NOT AUTHORQE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
CONCEPT PLAN
Site Legal Description
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8 JOB NO. 9899
DATE JUNE 1999
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