6. NEW BUSINESS
A. Discussion and Possible action regarding P22-002-Patel Medical Offices Tree & Landscape Preservation Plan – The preservation plan includes the tree/landscape preservation & mitigation requirements for a commercial property according the City’s Code of Ordinances, Article I, Chapter 24. The property is described as a total of 4.447 acres of land in document No. 2021096271 of the Deed Records of Bexar County, Texas. Said property is located off of the access road of IH 35 South and Toepperwein Road.
Chairman Rosenbaum asked Alt. Commissioner Llamas to read the legal description for item 6A for the official record. Mr. Cox provided the following during staff presentation:
- Preliminary plat has been approved and staff is currently reviewing the Final plat submittal for a future meeting
- Tree Preservation Plan for the Patel Medical Offices which is a heavily wooded parcel
- The plan states there are 4,288 inches of protected class trees and 79 inches of heritage trees on the site
- The plan proposes 2,153 inches (approximately 50%) of protected class trees and;
- 27 inches (approximately 34%) of heritage class trees
- The 2,153 inches of protected class trees to be removed do not require mitigation as approximately 50% of the protected class trees are being preserved
- The 27 inches of heritage class trees being removed must be mitigated at a ratio of 2:1 equaling a total of 54 mitigatable inches.
- Staff has no objections to the proposed Tree Preservation Plan and recommends approval and is compliant with the City’s requirements.
Mr. Cox closed by stating the applicant had a family emergency and was not able to attend. Chairman Rosenbaum asked for questions from the commission. Commissioner Woppert and Alt. Commissioner Woodall –No questions Commissioner Kusek asked for clarification on the trees being preserved and requirement; Mr. Cox stated the Code requires any removal of a heritage class tree 24 inches or larger, the developer is required to mitigate. The mitigation ratio requirement is 2:1; planting additional trees or paying a fee in lieu. There is a provision that if the developer preserves greater than 30% of the protected trees, they may use the excess inches (877 access) over the minimum 30% to offset the mitigation requirements. Commissioner Kusek asked if the lot in front was preserved for noise abatement; Mr. Cox described the lot as two separate pieces with two proposed buildings in the rear and undetermined future construction on the front lot. Noise abatement was not discussed but the back lot is the lot being developed at this time. When the time comes for the development of the front lot; the owner/developer will be required to mitigate/preserve as well. Commissioner Kusek also had concerns regarding the exposure of the roots from the grading process; Mr. Cox stated that during his review of the Tree Preservation plan, he had included comments for the areas in the upper left and right corners of the property that would have steep slopes from the cutting and grading around the protected root zones; the developer would be required to drain the area to prevent rotting or backfill. Since the developer would not be able to drain, they opted to remove the trees. Vice Chairman Kochan thanked Mr. Cox for the diligent work on the review of the preservation plan presented by the developer. Commissioner Umphlett asked for the number of buildings proposed; Mr. Cox answered two, medical office and a pharmacy. Alt. Commissioner Llamas asked for clarification on the difference between protected class vs heritage trees; Mr. Cox stated heritage is 24 inches or greater and protected trees are 6-24 inches in diameter. Alt. Commissioner Tremblay asked for the time frame for the completion and does the City regulate who they hire to do the tree clearing; Mr. Cox stated the property will need to receive a plat final and building permits would be issued with a completion timeframe. Mr. Cox continued by stating the City does not dictate who the developer hires to clear the trees but they must be registered with the City and hold a City Contractors license with an insurance requirement. Chairman Rosenbaum asked for clarification and location of the steep incline grading proposed in which the trees would be removed because of the grading; Mr. Cox showed the areas using a map for the Commission to view. Vice Chairman Kochan made a motion to approve the Hillside Subdivision Tree and Preservation plan as presented; seconded by Commissioner Kusek.
7. GENERAL ANNOUNCEMENTS AND DISCUSSION
Mar 24, 2022 Planning & Zoning Commission Regular Meeting
6. NEW BUSINESS
A. Discussion and Possible action regarding P22-002-Patel Medical Offices Tree & Landscape Preservation Plan – The preservation plan includes the tree/landscape preservation & mitigation requirements for a commercial property according the City’s Code of Ordinances, Article I, Chapter 24. The property is described as a total of 4.447 acres of land in document No. 2021096271 of the Deed Records of Bexar County, Texas. Said property is located off of the access road of IH 35 South and Toepperwein Road.
Chairman Rosenbaum asked Alt. Commissioner Llamas to read the legal description for item 6A for the official record. Mr. Cox provided the following during staff presentation:
- Preliminary plat has been approved and staff is currently reviewing the Final plat submittal for a future meeting
- Tree Preservation Plan for the Patel Medical Offices which is a heavily wooded parcel
- The plan states there are 4,288 inches of protected class trees and 79 inches of heritage trees on the site
- The plan proposes 2,153 inches (approximately 50%) of protected class trees and;
- 27 inches (approximately 34%) of heritage class trees
- The 2,153 inches of protected class trees to be removed do not require mitigation as approximately 50% of the protected class trees are being preserved
- The 27 inches of heritage class trees being removed must be mitigated at a ratio of 2:1 equaling a total of 54 mitigatable inches.
- Staff has no objections to the proposed Tree Preservation Plan and recommends approval and is compliant with the City’s requirements.
Mr. Cox closed by stating the applicant had a family emergency and was not able to attend. Chairman Rosenbaum asked for questions from the commission. Commissioner Woppert and Alt. Commissioner Woodall –No questions Commissioner Kusek asked for clarification on the trees being preserved and requirement; Mr. Cox stated the Code requires any removal of a heritage class tree 24 inches or larger, the developer is required to mitigate. The mitigation ratio requirement is 2:1; planting additional trees or paying a fee in lieu. There is a provision that if the developer preserves greater than 30% of the protected trees, they may use the excess inches (877 access) over the minimum 30% to offset the mitigation requirements. Commissioner Kusek asked if the lot in front was preserved for noise abatement; Mr. Cox described the lot as two separate pieces with two proposed buildings in the rear and undetermined future construction on the front lot. Noise abatement was not discussed but the back lot is the lot being developed at this time. When the time comes for the development of the front lot; the owner/developer will be required to mitigate/preserve as well. Commissioner Kusek also had concerns regarding the exposure of the roots from the grading process; Mr. Cox stated that during his review of the Tree Preservation plan, he had included comments for the areas in the upper left and right corners of the property that would have steep slopes from the cutting and grading around the protected root zones; the developer would be required to drain the area to prevent rotting or backfill. Since the developer would not be able to drain, they opted to remove the trees. Vice Chairman Kochan thanked Mr. Cox for the diligent work on the review of the preservation plan presented by the developer. Commissioner Umphlett asked for the number of buildings proposed; Mr. Cox answered two, medical office and a pharmacy. Alt. Commissioner Llamas asked for clarification on the difference between protected class vs heritage trees; Mr. Cox stated heritage is 24 inches or greater and protected trees are 6-24 inches in diameter. Alt. Commissioner Tremblay asked for the time frame for the completion and does the City regulate who they hire to do the tree clearing; Mr. Cox stated the property will need to receive a plat final and building permits would be issued with a completion timeframe. Mr. Cox continued by stating the City does not dictate who the developer hires to clear the trees but they must be registered with the City and hold a City Contractors license with an insurance requirement. Chairman Rosenbaum asked for clarification and location of the steep incline grading proposed in which the trees would be removed because of the grading; Mr. Cox showed the areas using a map for the Commission to view. Vice Chairman Kochan made a motion to approve the Hillside Subdivision Tree and Preservation plan as presented; seconded by Commissioner Kusek.
7. GENERAL ANNOUNCEMENTS AND DISCUSSION
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