Rowlett council waives mitigation fee, replacement-tree requirement for Cornerstone Church after construction damage

On Feb. 4, 2025, the Rowlett City Council approved a tree removal permit for Cornerstone Assembly of God and waived the mitigation fee and required replacement trees after construction activity damaged three trees that had previously been designated for preservation.

City staff told the council the request concerned three preserved trees that were damaged during grading and later removed; the three trees totaled 63 caliper inches. Staff said the code allows mitigation when construction causes damage and gives the council authority to waive mitigation fees; the applicant asked the council to waive both the fee and the replacement requirement.

Cory Rumi, director of community development, told council that the site previously received development approvals and a 2022 tree removal permit, and that some trees designated for preservation were damaged during construction. Rumi said the planning commission had voted 7–0 to approve the removal permit but had expressly opposed waiving either the planting requirement or the fee in lieu of planting. Rumi also said the code requires replacement at a 1-to-1 caliper-inch ratio, with a 4-inch minimum for replacement trees, and that council can waive mitigation fees though the code contains no clear delegation to waive planting itself.

Applicant Brian Hyatt, pastor and registered agent for Cornerstone Church, said the trees were exposed and damaged during grading, that consultants concluded the trees could not be saved, and that replanting the equivalent caliper inches would cost more than the mitigation fee. Hyatt said his group previously preserved roughly 130 trees on site and that the project still retained “over 1,200 caliper inches” credited as saved trees under the prior plan.

Council members discussed alternatives and the project's history. Councilmember Schoop said the damage appeared clear and described the situation as a “common-sense” case; Britton moved to adopt the resolution as presented, and the motion was seconded. The motion approved the tree removal permit and waived the mitigation fee and replacement-tree requirement. The motion carried by a vote of 5–1.

City staff and the applicant both noted the permit area also will be required to meet separate parking-lot island planting requirements under code; the applicant said they plan to bring the planter island up to code. Rumi said there had been discussion earlier in the project's approvals about alternative landscape plans and a Board of Adjustment variance that was denied.

The council's action resolved the immediate permit and fee question but does not change how prior credits for “saved” trees were calculated; staff explained there is some difference in interpretation about what constituted a saved tree when the original plan was reviewed. The council did not adopt any additional conditions beyond the resolution language.

The council's resolution and the underlying staff report record the 63 caliper inches involved and list the mitigation-fee amount that the applicant appealed.