HomeMy WebLinkAboutIR 10124 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10124
To the Mayor and Members of the City Council April 10, 2018
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*a SUBJECT: DR HORTON TREE REMOVAL AT TRINITY OAKS
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The purpose of this Informal Report is to inform the City Council of the timeline and status of the urban
forestry ordinance violations at DR Horton's Trinity Oaks development located near the 8100 block of
Randol Mill Road in east Fort Worth.
• On July 14, 2016, DR Horton applied for a Phase 1 urban forestry permit to preserve 25.04% of
existing tree canopy and to clear (remove) the remainder. DR Horton also applied for a Phase
2 urban forestry permit for the required tree planting plan. Staff issued the Phase 1 urban
forestry permit on July 15, and the grading permit was issued on July 19, 2016.
• On August 10, 2016, staff made a site visit in response to a citizen complaint. The majority of
the site had been cleared and graded, but there was no protective fencing installed and heavy
equipment was being parked in critical root zones of preserved trees. DR Horton personnel
stated they would install fencing prior to continuing work at the site. Staff met with DR Horton
representatives at the site on August 25, 2016 and confirmed fencing installation.
• In March 2017, staff received a complaint regarding the northern site boundary. A site visit on
March 10, 2017 confirmed that DR Horton had over-cleared a strip approximately 30-feet wide
along the northern portion of the development. On May 4, DR Horton submitted a revised site
plan and calculations indicating the over-clearing was offset by under-clearing on the south
side of the development. Staff questioned the accuracy of the revised documents and
continued working with DR Horton to determine the compliance status of the project. Staff held
the Phase 2 urban forestry permit for planting while Phase 1 permit compliance was being
determined.
• In October 2017, DR Horton notified staff that they needed to remove additional tree canopy
from the southern portion of the site to correct drainage issues. Staff noted during a
subsequent site visit that additional clearing was done for installation of roadways and retaining
walls that was not included in the approved urban forestry plan. Staff then required DR Horton
to appear before the UDC to request a waiver from the 25% minimum preservation requirement
to address the unauthorized over-clearing and their request for additional tree removal.
• On November 30, 2017, the UDC heard DR Horton's waiver case and voted to continue it, as
DR Horton's representative could not answer certain drainage questions. Due to quorum
issues, the case was automatically continued to the UDC's February 22 public hearing.
• During this time, staff determined that a denial of the waiver request by the UDC would allow
the City to pursue greater enforcement options beyond the payment of 1:1 financial penalties
by DR Horton for the unauthorized clearing. The Planning and Development Director met with
DR Horton regarding a settlement agreement for a 5:1 planting ratio as suggested by staff and
community members.
• On February 21, 2018 DR Horton submitted a request to the UDC to withdraw their waiver
request. On February 22, the UDC denied the waiver request in accordance with staff's
recommendation.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10124
To the Mayor and Members of the City Council April 10, 2018
h�T�i7 Page 2 of 2
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*a SUBJECT: DR HORTON TREE REMOVAL AT TRINITY OAKS
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10'?5
Current Status
DR Horton has agreed to enter into a formal settlement agreement with the City. Terms of the agreement
include replacement of canopy that was over-cleared and additional planting equal to 5 times the canopy
removed illegally (total additional planting of 365,112 sf). The agreement would allow DR Horton to plant
a portion as street trees in nearby medians. DR Horton will be required to maintain and guarantee these
trees for at least two years. The City Manager is authorized by Section 2-9 of the City Code to execute
agreements where there is not an expenditure over $100,000, as here where there is no expenditure.
DR Horton has submitted a proposal to plant 213,500 sf on site and 152,400 sf in the John T White Road
median for a total of 365,900 sf. The proposed planting plan is being reviewed by Park & Recreation for
median plantings and by TPW Storm Water for plantings in a private detention pond. Once the planting
plan is final, it will be made available to the public.
Should you have any questions regarding this report, please contact Randle Harwood, Director of
Planning and Development Department, at 817-392-6101.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS