Item # 3 - 111 Katherine Ct - Appeal Case

Item # 3 - 111 Katherine Ct - Appeal Case

• 1.
  CITY OF ALAMOHEIGHTS COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CITY COUNCIL AGENDA MEMORANDUM TO: Mayor and City Council Members FROM: Lety Hernandez, Director of Community Development Services SUBJECT: 111 Katherine Ct (Chapter 5 – Appeal) Discussion and possible action regarding the request of Elaine Kearney, FASLA, of TBG Partners, representing Trebes Sasser Jr. of Ridgemont Properties, owner, to appeal staff’s decision as allowed under Section 5-8 of the City’s Building Code that requires a property owner or authorized agent to pay a fee in lieu of mitigation instead of planting additional trees as required per Section 5-156(a)(4), Heritage Tree Removal Mitigation for the property located at 111 Katherine Ct. DATE: August 24, 2026 BACKGROUND INFORMATION The property is located on the north side of Katherine Ct, west of Broadway St and is zoned Multi-Family District (MF-D). The applicant is seeking approval to apply tree plantings required by current zoning regulations towards mitigation requirements per Chapter 5, Building and Building Regulations of the City’s Code of Ordinances.
• 2.
  POLICY ANALYSIS  Chapter5 – Buildings and Building Regulation, Article X, Tree Preservation Section 5-8 - Appeals (b) Administrative appeal shall be to the director of fire chief as applicable, and then if agreement cannot be reached the appeal shall be forwarded by the director or fire chief to the city manager for review. (c) If agreement cannot be reached through the administrative appeal process, the applicant shall have the right to appeal to the board of appeals as described in such codes or equivalent in any code adopted by this chapter. The city manager or city manager's designee in consultation with the mayor shall appoint the board of appeals, consisting of members within the appropriate expertise(s). The board of appeals, as appointed, shall perform the functions required of the board of appeals in such codes or equivalent in any code adopted by this chapter. (d) If the applicant disagrees with the ruling of the board of appeals, the applicant may appeal to the city council for final ruling. (e) Requests for appeal to the board of appeals, or thereafter to the city council, require a written application for appeal be submitted to the director's or fire chief's office within twenty (20) days after the day the previous ruling, decision, notice or order was served or provided. An application for appeal must state and shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or the requirements of the code are adequately satisfied by other means. Any application for appeal shall include code-specific related discussion points which provide rebutting information to the original code application, or interpretation. Section 5-154 – Permit Required. (a) A tree pruning permit is required for the pruning of any trees. Exception: A pruning permit shall not be required when the pruning is completed by the property owner, or any personnel regularly employed by the owner for the purposes of routine maintenance, or landscaping. (b) A tree removal permit is required for the removal of any tree(s) larger than eight (8) inches DBH within the boundaries of the city. Section 5-155 – Tree Removal Permits (a) Fees for tree pruning permits, tree removal permits and tree service vendor registration shall be listed in the adopted schedule of development fees as maintained in the director's office. All application fees are non-refundable and due upon receipt of application. (b) The director shall issue a tree removal permit with no fee required if a heritage tree is: (1) Determined by a certified arborist to be diseased or dying and is considered a hazard due to such condition, or is considered a hazard due to natural events, including, but not limited to, tornados, floods, storms, or other acts of God or by other events. Determination must be submitted in writing to the director's office prior to removal of the tree. Section 5-156 – Heritage Tree Removal Mitigation (a) A property owner or authorized agent requesting removal of a designated heritage tree which is not certified to be diseased or dying is required to provide these mitigation requirements if removal is approved by the director: (1) Criteria. Planting additional types of trees as listed in table 1 of this article (excluding palms, mountain laurels and crepe myrtles unless the heritage tree being removed is one
• 3.
  of these types)with a replacement ratio (measured in inches DBH) which meets the following criteria: a. Minimum 1:1 ratio (one (1) to one (1) replacement trunk DBH to removed trunk DBH) for individual heritage or multi-trunk heritage trees, b. Minimum 1/2:1 ratio (one-half (1/2) to one (1) replacement trunk DBH to removed trunk DBH) for cluster type heritage trees. (2) Minimum DBH. Minimum DBH for mitigation purposes is a four-inch caliper. (3) Location of planting. Proposed planting shall be permitted on the following properties: a. The same lot as such heritage tree(s) was removed. (4) Fees in lieu of mitigation. A property owner or authorized agent required to provide mitigation shall plant additional trees on the property for which mitigation is required in accordance with section 5-156(a), or shall pay a fee in lieu of planting additional trees in accordance with the following: a. A fee of three hundred dollars ($300.00) shall be paid per inch of required mitigation for each heritage tree removed. b. For residentially zoned properties located in the SF-A, SF-B, and 2F-C districts, and for properties with existing or proposed single-family structures in the MFD district, the cap for mitigation fees shall be two thousand dollars ($2,000.000) per tree. (b) The director shall have discretion to modify mitigating requirements due to special circumstances. As the applicant did not provide written determination by a certified arborist, at the time of the review and prior to removal, stating the trees to be removed were diseased and/or dying, staff calculated the mitigation fee at $81,600 for the removal of fourteen (14) heritage trees totaling 272-inches at a fee of $300 per inch. The current plan requires review by staff to confirm proposed mitigation complies with current regulations. The appeal requests a waiver to the required mitigation of applying additional tree plantings and/or mitigation fees. FISCAL IMPACT No projected fiscal impact from this project has been calculated. ATTACHMENTS Attachment A – Submittal Packet Lety Hernandez Director Buddy Kuhn City Manager
• 4.
  08/11/2026 Attn: Alamo HeightsCity Council Members City of Alamo Heights Updated Tree Mitigation Client: Ridgemont Properties Project Name: Katherine Court Multifamily Project Location: 111 Katherine Court Dear Council Members, The purpose of this letter is to request approval from Council to include all site trees (including street trees and parking lot trees) in the tree mitigation calculation submitted for 111 Katherine Court, thus exceeding the required number of mitigation inches. This appeal is made per the city ordinance 5-8(e) which allows for requirements of the code to be “adequately satisfied by other means”. Please allow us to provide some relevant background information. - The original tree permit was submitted in August 2022 and calculated 238.5 total inches of required mitigation. - By March 2025, prior to any construction commencement, (4) pecan trees had died of natural causes. Thereby reducing required mitigation to 154.5 total inches. See attached presentation materials for photos and locations. - The current proposal is for a total of 158 inches of new trees to be planted on site, which exceeds the required total number of mitigation inches. - Of these 158 inches, 78 inches will be located in parking lots and along the street. These trees are not typically counted toward mitigation. However, due to site constraints (utilities parking requirements, etc) the site plan has already maximized all conceivable planting locations on site. Therefore, we respectfully request your consideration of this appeal to count all 158 inches of new trees toward the 154.5 inches of required tree mitigation. Please refer to the final page of this presentation for a rendering of the proposed landscape plan which provides an attractive and well-screened development along the street. Sincerely, Elaine Kearney, FASLA Attachment A
• 5.
  Site aerial 1753 17381511 1557 1735 1257 1224 1222 1220 1221 1706 1466 1361 1617 1618 1326 1363 1621 1620 1619 1579 1576 1575 1572 1571 1570 1362 1483 1482 1484 1472 1471 DBH (Inches) Species Tag 26 Palm 1220 18 Palm 1221 16 Holly 1222 15 Pecan 1224 34 Pecan 1257 18 Persimmon 1326 25 Crepe Myrtle 1361 14 Pecan 1362 6 Mountain laurel 1363 22 Pecan 1466 3 Mountain laurel 1471 5 Mountain laurel 1472 24 Persimmon 1482 24 Persimmon 1483 12 Persimmon 1484 27 Pecan 1511 18 Hackberry 1557 10 Pecan 1570 10 Pecan 1571 8 Hackberry 1572 6 Hackberry 1575 13 Hackberry 1576 15 Pear 1579 25 Pecan 1617 14 Pecan 1618 7 Pecan 1619 8 Pecan 1620 4 Hackberry 1621 12 Pecan 1706 12 Pecan 1735 28 Pecan 1738 29 Pecan 1753 Katherine Ct Attachment A
• 6.
  Tree condition Prior toconstruction start (March 2025) 4 pecans died of natural causes 1753 1738 1511 1557 1735 1257 1224 1222 1220 1221 1706 1466 1361 1617 1618 1326 1363 1621 1620 1619 1579 1576 1575 1572 1571 1570 1362 1483 1482 1484 1472 1471 Katherine Ct Attachment A
• 7.
  Pecan tree 1511 (March2025) Pecan trees 1738 & 1753 (March 2025) Tree condition Prior to construction start (March 2025) Attachment A
• 8.
  Summary of treemitigation calculations SEC. 35-523 – TREE MITIGATION 238.5 INCHES TOTAL MITIGATION REQUIRED 0 INCHES TOTAL INCHES SAVED (HERITAGE) 0 INCHES TOTAL INCHES SAVED (NON-HERITAGE) PROPOSED TREES INCHES PER SPECIES SIZE/SPECIES COUNT 24 INCHES 6” MEXICAN SYCAMORE 4 48 INCHES 6” MONTERREY OAK 8 48 INCHES 6” HIGHRISE LIVE OAK 8 48 INCHES 12” LIVE OAK 4 8 INCHES 4” TEXAS PERSIMMON 2 24 INCHES (NOT COUNTED) STREET TREE PROVIDED (MEXICAN SYCAMORE) 60 INCHES (NOT COUNTED) PARKING LOT TREE PROVIDED (HIGHRISE LIVE OAK & LIVE OAK) 92 INCHES SITE MITIGATION PROVIDED (MONTERREY OAK & LIVE OAK & TEXAS PERSIMMON) 146.5 INCHES TOTAL MITIGATION DEFICIT Original permit 238.5 inches total mitigation required 08/11/2022 Attachment A
• 9.
  Summary of treemitigation calculations SEC. 35-523 – TREE MITIGATION 154.5 INCHES TOTAL MITIGATION REQUIRED 0 INCHES TOTAL INCHES SAVED (HERITAGE) 0 INCHES TOTAL INCHES SAVED (NON-HERITAGE) PROPOSED TREES INCHES PER SPECIES SIZE/SPECIES COUNT 24 INCHES 6” MEXICAN SYCAMORE 4 48 INCHES 6” MONTERREY OAK 8 30 INCHES 6” HIGHRISE LIVE OAK 5 48 INCHES 12” LIVE OAK 4 8 INCHES 4” TEXAS PERSIMMON 2 24 INCHES (NOT COUNTED) STREET TREE PROVIDED (MEXICAN SYCAMORE) 54 INCHES (NOT COUNTED) PARKING LOT TREE PROVIDED (HIGHRISE LIVE OAK & LIVE OAK) 80 INCHES SITE MITIGATION PROVIDED (MONTERREY OAK & LIVE OAK & TEXAS PERSIMMON) 158 INCHES SITE TOTAL PLANTING PROVIDED 74.5 INCHES TOTAL MITIGATION DEFICIT Revised mitigation (Less 4 dead pecan trees) 154.5 inches total mitigation required Attachment A
• 10.
  KATHERINE CT Parking lotPublic ROW Retaining wall w/steep grade change Tree conflict with storm drain & parking Proposed site trees Storm drain Site constraint analysis Building footprint Attachment A
• 11.
  Parking lot trees(54 inches, cannot be counted toward mitigation) Attachment A
• 12.
  Street trees (24inches, cannot be counted toward mitigation) 08/11/2022 Attachment A
• 13.
  Site trees (80inches, counted toward mitigation) Attachment A
• 14.
  Revised landscape proposal AttachmentA
• 15.
  Streetscape rendering Attachment A
• 16.
  UP 703 SF 1 BD 103 703SF 1 BD 102 693 SF 1 BD 104 952 SF 2 BD 101 1422 SF 3 BD 107 477 SF FITNESS CENTER 105 ELEV. 128 SF MECH 113 1374 SF 3 BD 109 981 SF 2 BD 108 1434 SF 3 BD 106 265 SF STORAGE 110 UP UP UP 703 SF 1 BD 103 703 SF 1 BD 102 693 SF 1 BD 104 952 SF 2 BD 101 1422 SF 3 BD 107 477 SF FITNESS CENTER 105 ELEV. 128 SF MECH 113 1374 SF 3 BD 109 981 SF 2 BD 108 1434 SF 3 BD 106 265 SF STORAGE 110 UP UP NORTH 20' 10' 5' 0' SCALE: 1"=10' PLANTING PLAN PLAN 1 www.creoarc.com PROJECT: ISSUE DATE: DRAWN BY: CHECKED BY: 51 Essex Street . San Antonio . TX 78210 210.943.3777 info@creoarc.com P. E. PROJECT DESIGN TEAM SHEET INFO SHEET TITLE SHEET REVISIONS NAME: ADDRESS: CLIENT PROJECT KEY PROFESSIONAL SEAL MECHANICAL, ELECTRICAL & PLUMBING Cleary Zimmermann 1344 S. Flores , Suite 101 San Antonio, Texas 78204 (210) 447-6100 *Original drawing is 30 x 42. Do not scale contents of this drawing. DATE: 08/11/2022 ALL REPRODUCTION & INTELLECTUAL PROPERTY RIGHTS RESERVED © 2018 STRUCTURAL Dunaway 118 Broadway Suite 201 San Antonio, TX 78205 (210) 267-5246 CIVIL Pape-Dawson Engineers 2000 NW Loop 410 San Antonio, TX 78213 (210) 375-9000 LANDSCAPE TBG 430 Austin St. , Suite 100 San Antonio, Texas 78215 INTERIORS Creo 51 Essex St. San Antonio, Texas 78210 KATHERINE CT. MULTI-FAMILY Ridgemont Properties 111 Katherine Ct. , San Antonio, TX 78209 No. Description Date S21226 08/11/2022 JM,MS,AH EK, AH Planting Plan L5.1.01 3 ADDENDUM 2 PRE-BID RFI 10/07/2022 Attachment A