San Antonio Express-News (Sunday)

Killing trees

In the past two years, developers asked for 206 exceptions to the city’s tree ordinance. ALL WERE GRANTED.

- By Brian Chasnoff STAFF WRITER

In 2019, a city environmen­tal plans examiner emailed then-state Rep. Roland Gutierrez to inform him he had violated San Antonio’s tree preservati­on ordinance by chopping down a large heritage oak without a permit on a lot he was developing.

“There will be a work without permit penalty of $2,000 assessed to your project,” Robin Loyd wrote to Gutierrez, D-San Antonio.

The fine didn’t stick.

Upset by the penalty, the state lawmaker called Michael Shannon, director of the city’s Developmen­t Services Department, to protest. Shannon then instructed staff to waive the fine.

Shannon’s decision caused an immediate rift inside the department. But the bending of tree rules already was business as usual at the city, where developers often ask staff for exceptions to the tree ordinance — and almost always are successful, an investigat­ion by the San Antonio Express-News found.

In the past two years, even

as population growth continued to explode in San Antonio — the city ranked second in the nation after adding more than 17,000 people between July 2018 and July 2019 — developers asked for 206 exceptions to the tree ordinance.

All were granted.

In theory, the city’s tree ordinance is designed to protect all heritage trees — large, old-growth trees of 24 inches in diameter or greater — and 35 percent of “significan­t” trees on a property. Developers who remove more than that must mitigate the loss by paying fees or planting new trees that eventually would provide tree cover of at least 38 percent on the property.

A 2010 revision to the ordinance reduced the amount of trees that developers can remove and mitigate on a property from 90 to 80 percent. But the city’s developmen­t code allows them to request exceptions to this rule.

In floodplain­s or environmen­tally sensitive areas, where

the ordinance requires the preservati­on of 80 percent of all trees, variances must be approved by the city’s Planning Commission. Otherwise, city staff can grant the exceptions.

Shannon, who was appointed director of Developmen­t Services in 2017, said all requests are considered on a case-by-case basis. Any exceptions must be justified by “hardships” facing the developer, he said.

“No matter how many codes we write, there’s always going to be circumstan­ces with some hardships where alternativ­es or variances are warranted,” Shannon said. “The whole goal is even if you don’t meet the black-and-white letter of the code, you meet the intent of the code. The intent of the code is what we have to protect at all costs.”

In some cases, staff approved exceptions simply because developers found it difficult to develop a site without removing more trees, the newspaper’s review of city records found.

Some variances allowed the removal of only a few trees and required more eventual tree cover. But others led to the removal of hundreds of trees, contributi­ng to the city’s ongoing loss of overall canopy in the past decade.

Debbie Reid, a former city arborist, said the Developmen­t Services Department’s routine approval of exceptions — and, in some cases, outright disregard of tree violations — was one reason she left her position in 2009.

“Because they have that ability, the developmen­t community knows they can apply that pressure, and it doesn’t give city staff much recourse,” Reid said. “It builds incestuous relationsh­ips between city staff and the developmen­t community that they’re supposed to be regulating. There’s just incredible pressure on city staff to do this. … Why have the rules?”

She added, “Before I left, I had cases that were totally dropped on tree violations.

They just went away. Staff was directed to not follow up.”

Shannon’s decision to waive Gutierrez’s penalty for violating the tree ordinance was not an official variance. But it reflected a culture of leniency in the department that encourages developers to seek exceptions to the rules, Reid said.

“It moves us toward arbitrary implementa­tion of the code,” said Reid, now a technical adviser for the Greater Edwards Aquifer Alliance, “and once you set a precedent, everybody’s going to want to do it.”

She added, “There’s the additional pressure on staff because (Gutierrez) is in the state Legislatur­e.”

‘Power and clout’

The towering oak rooted in the vacant residentia­l lot had warded off developers for years. By 2018, it was one of the last undevelope­d properties in the near North Side gated community of Pallatium Villas.

“I was not interested in buying it because of that tree,” developer Alex Arredondo recalled. “I’m not in favor of when you’re building a subdivisio­n to take a tree down.”

Gutierrez was not deterred. His constructi­on firm, South Texas Demo-Contractor­s, purchased the residentia­l lot in October 2018. Around that time, Gutierrez showed up at the Developmen­t Services Department office near downtown, searching for a way around the tree ordinance, said Armando Cortez, a former environmen­tal plans examiner for the city.

“I remember him coming in. He even came to me,” recalled Cortez, who left the city this year. “He said, ‘Hey can you help me out? I’m a new developer. I didn’t know any better. I bought this lot. … Can you not penalize me for removing (the tree)?’ I said, ‘Roland, you’re going to have to pay.’

“He’s not the only one who does that. There are other developers who do that. They feel they have more privilege than others.”

Gutierrez, who was elected to the Texas Senate in November, declined to comment for this article.

In December 2018, Gutierrez caught a break: The city had recognized the property’s “vested rights.”

A state law grants property owners exemption from city codes if developmen­t plans for the site were filed before the codes were enacted, a so-called vested right. Constructi­on can begin years, even decades later, but the project will fall under the codes in effect at the time of the original filing.

The Texas statute allows vesting to transfer between landowners. New owners can

Debbie Reid, a former city arborist for San Antonio, said that the Developmen­t Services Department’s routine approval of exceptions — and, in some cases, outright disregard of tree violations — was one reason she left her

position in 2009.

 ??  ??
 ?? William Luther / Staff photograph­er ?? This is a view of a subdivisio­n known as the Davis Ranch. It’s made up of more than 1,000 residentia­l lots on 243 acres and is in San Antonio’s extraterri­torial jurisdicti­on, which extends developmen­t controls 5 miles outside the city limits.
William Luther / Staff photograph­er This is a view of a subdivisio­n known as the Davis Ranch. It’s made up of more than 1,000 residentia­l lots on 243 acres and is in San Antonio’s extraterri­torial jurisdicti­on, which extends developmen­t controls 5 miles outside the city limits.
 ?? Billy Calzada / Staff photograph­er ?? San Antonio Developmen­t Services tree inspector Robert Kwiatkowsk­i examines trees in the Davis Ranch developmen­t near the Government Canyon State Natural Area.
Billy Calzada / Staff photograph­er San Antonio Developmen­t Services tree inspector Robert Kwiatkowsk­i examines trees in the Davis Ranch developmen­t near the Government Canyon State Natural Area.
 ?? William Luther / Staff photograph­er ?? This land was cleared by developers at the Davis Ranch subdivisio­n, between Helotes to the east and Government Canyon State Natural Area to the west.
William Luther / Staff photograph­er This land was cleared by developers at the Davis Ranch subdivisio­n, between Helotes to the east and Government Canyon State Natural Area to the west.
 ?? Billy Calzada / Staff photograph­er ?? An earthmover is seen at work. In theory, the city’s tree ordinance is to protect all heritage trees — large, old-growth trees of 24 inches in diameter or greater.
Billy Calzada / Staff photograph­er An earthmover is seen at work. In theory, the city’s tree ordinance is to protect all heritage trees — large, old-growth trees of 24 inches in diameter or greater.

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