Item 4GHIItems 4 G, H, & I
Authorizing the Mayor to approve Tree Mitigation Agreements with:
Berwyn Custom Homes for Lots 5 and 6, Block 1, Miracle Pointe;
Miracle Pointe Development Corporation for Lots 1, 6, 7, & 8, Block 1 and Lots 1 and 5, Block 2, Miracle Pointe; and
MDC-Johnson Place Estates, LTD. for Johnson Place.
Tree Preservation Ordinance Enforcement Action
The city’s Tree Preservation Ordinance 585-B requires a tree permit to alter all protected trees.
In November 2006, 3 separate incidences of violations to the Tree Preservation Ordinance were observed.
Based on the requirements of the Ordinance 585-B, the respective applicants are proposing to mitigate all altered trees based on the caliper inches removed.
Contents of the Tree Mitigation Agreements
A form agreement was drafted by the City Attorney’s office based on the ordinance requirements.
Each agreement includes an exhibit (Exhibit A) showing the trees altered in violation of a tree permit and an exhibit (Exhibit B) showing type, location, and number of trees to be replanted.
Agreements are included in the Council packets.
1. TMA with Berwyn Custom Homes for Lot 5, Block 1, Miracle Pointe
Exhibit A – Trees Removed
TMA with Berwyn Custom Homes for Lots 5 & 6, Block 1, Miracle Pointe
Exhibit B – Required Replacement Trees
Lot 5, Block 1
Lot 6, Block 1
2. TMA with Miracle Pointe Development Corporation
Exhibit A – Trees Removed
TMA with Miracle Pointe Development Corporation
Exhibit B – Required Replacement Trees
All tree planting locations must be approved by the Landscape Administrator/ Administrative Official.
All replacement trees must meet the diameter, height, and species requirements of the Ordinance and shall be a minimum of 4” caliper trees limited to the following:
Live oaks
Red oaks
Bur oaks
Chinese pistachio
The replanting shall be as follows (see attached plat for the subject lots):
Three (3) live oak trees on lot 1, block 1
Five (5) trees (3 live oaks and 2 red oaks) on lot 1, block 2
Two (2) trees (1 chinese pistachio and 1 red oak) on lot 5, block 2
Five (5) live oaks trees on lot 8, block 1
Two (2) live oak trees on lot 7, block 1
The credit for the remainder 24” required shall only be granted by designating the existing 24” oak tree on lot 5, block 2 as a preserved tree and subject to the all the conditions of
a protected tree under Ordinance 585-B. Any alteration of this tree shall be subject to mitigation per Ordinance 585-B. Any building pads on this site shall be located in such a manner
as to minimize the impact on its critical root zone.
No replacement trees shall be planted in any easements.
3. TMA with MDC-Johnson Place Estates, LTD. for Johnson Place.
Exhibit A –
Trees Removed (Area 1)
Exhibit A – Trees Removed (Area 2)
Exhibit A – Trees Removed (Area 3)
Area of tree removal
Exhibit A – Trees Removed (Area 4)
Exhibit B – Trees Mitigation – Key Map
Area A
Area B
Area C
Area D
Exhibit B – Trees Mitigation – Area A
Exhibit B – Trees Mitigation – Area B
Exhibit B – Trees Mitigation – Area C
Exhibit B – Trees Mitigation – Area D
Exhibit B – Trees Mitigation – Overall Plan
Questions/Comments?