DEPARTMENT: Development Services
SUBJECT: TPV 17-021 Tree Preservation Variance for Starbucks/Retail
SUMMARY:
Request by Mr. James Griffin for approval of a tree preservation variance request from Unified Development Code 35-523 (h), “significant trees shall be preserved at eighty (80) percent and heritage trees at one hundred (100) percent preservation within both the 100-year floodplains and environmentally sensitive areas.” Due to existing site conditions, design and layout constraints, the project is unable to preserve the minimum 80% of significant trees within the Environmentally Sensitive Area (ESA). The ESA located onsite is a 30’ riparian buffer parallel to the current floodplain limits. The project will meet the required Environmentally Sensitive Area mitigation requirement of 19.8 inches by planting 7- 4” caliper native large shade trees for a total of 28 inches or 100% mitigation. (Herminio Griego, (210) 207-6042, herminio.griego@sanantonio.gov, Development Services Department)
BACKGROUND INFORMATION:
Project A/P# PM2235762
Council District: 8110 W. Loop 1604, San Antonio, TX 78250 (District 7)
Consultant: James Griffin of Brown & Ortiz, P.C.
Staff Coordinator: Herminio Griego, Assistant City Arborist, (210) 207-6042
ANALYSIS:
The Development Services Department (DSD) has reviewed the information presented in Mr. James Griffin’s letter dated September 15, 2017.
The Unified Development Code (UDC) - Article V, Section 35-523 (h), 100-Year Floodplain(s) and Environmentally Sensitive Areas states that, “Significant trees shall be preserved at eighty (80) percent preservation within both the 100-year floodplains and environmentally sensitive areas. Heritage trees shall be preserved at one hundred (100) percent preservation within both the 100-year floodplain and environmentally sensitive areas. Mitigation shall be prohibited in floodplains and environmentally sensitive area except when a variance is granted by the Planning Commission.”
The applicant is requesting a Variance Request to mitigate for removal of significant trees in excess of the 80% significant tree requirement of protected trees within the Environmentally Sensitive Area in place under the 2015 Tree Preservation Ordinance for construction of a Starbucks/Retail center. DSD staff does agree with the applicant’s request to mitigate for significant below 80% preservation for the following reasons:
1. Existing site conditions - Due to existing site conditions, design and layout constraints, the project is unable to preserve the minimum 80% of significant trees within the Environmentally Sensitive Area (ESA). The ESA located onsite is a 30’ riparian buffer parallel to the current floodplain limits. There are 4 Mesquite trees located within the ESA. One Mesquite tree will be preserved, the second is diseased and the last two are to be removed. The project has a conditionally approved building permit to start construction. Removal of the two Mesquite trees brings the preservation percentage with the ESA to 31.7% (80% required).
2. Tree mitigation and canopy diversity - The project will meet the required Environmentally Sensitive Area mitigation requirement of 19.8 inches by planting 7- 4” caliper native large shade trees for a total of 28 inches or 100% mitigation. These seven trees will be planted back within the environmentally sensitive area to return the ESA area to pre-development conditions, help shade and protect the adjacent floodplain from the impact of the adjacent land use, and maintain a stable stream bank. The proposed planting plan provides added species diversity to include medium and large native tree species per Appendix E “San Antonio Recommended Plant List.” Recommended trees proposed to be planted for mitigation include: Texas Mountain Laurel, Live Oak, Cedar Elm, Shumard Red Oak, Mexican Sycamore and Monterrey Oak.
DSD staff supports the applicant’s request to fall below 80% of the tree preservation requirements in the Environmentally Sensitive Area (ESA) based on the conditions of the site, design constraints, and exceeding mitigation and canopy requirements. The proposed Variance Request meets the intent and spirit of the Tree Ordinance therefore, staff recommends approval.