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Resident asks Lago Vista to waive tree mitigation fee; council directs staff to review arborist evidence
Summary
A homeowner requested waiver of a $750 tree-mitigation fee, arguing an arborist measured trees under the protected-size threshold. Staff said ordinance requires certified arborist evidence and currently contains no waiver provision; council asked the homeowner to submit documentation and directed staff to verify records.
Kenneth Belair addressed the council seeking a waiver of a $750 tree-mitigation fee after removing three trees for a garage project. Belair said his arborist measured each tree under the 10-inch diameter-at-breast-height threshold and asked council to accept his evidence.
City staff and legal counsel explained the Tree Mitigation/Tree Preservation section of the zoning ordinance requires owners to provide a certified arborist survey if they claim trees fall below the protected size. As legal counsel noted, the word “shall” in the replacement provision creates mandatory fees and the ordinance does not include an administrative waiver provision. Counsel advised that any change to allow council-waived fees would require an ordinance amendment and public hearings through Planning & Zoning.
Jordan, city staff, told the homeowner staff would review what was submitted with the permit and would accept certified arborist documentation if it proves trees were below the protected threshold. Several council members expressed sympathy and asked staff to review the files; Planning & Zoning will consider the broader ordinance revisions next week as an action item.
Because this item was a work session, council did not take immediate action; staff said the homeowner should submit certified documents and staff will verify whether the city’s tree survey or the arborist report controls the calculation of mitigation fees.
