2024-10-07 Planning and Zoning Regular Meeting MinutesMINUTES OF THE REGULAR MEETING HELD IN -PERSON BY THE PLANNNG AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, OCTOBER 7, 2024, AT 6:30
PM IN COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Vice Chairperson Derrell Isenberg opened the meeting for the P&Z Regular Meeting at 6:30 P.M.
In attendance were:
P&Z Vice Chairperson Derrell Isenberg
P&Z Commissioner Thomas Echols
P&Z Commissioner Trey Haskins
P&Z Commissioner Jennifer Henrichs
P&Z Commissioner Jenifer Ordeneaux
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco
Reyes, Community Development Director Vance Wyly, Community Development Deputy Director
Martin Griggs, Planning Manager Katya Copeland, Senior Planner Florence Buaku, and Executive
Assistant Jennifer Danley.
CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require little or no
deliberation by the Planning & Zoning Commission. These items will be enacted / approved by
one motion unless a commissioner requests separate action on an item, in which event the item
will be removed from the Consent Agenda and considered by separate action (ix. Matters
removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation.
Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting
minutes from September 16, 2024.
Vice Chairperson Isenberg asked for the motion to approve the Consent Agenda. Commissioner
Echols made the motion to approve the consent agenda, and Commissioner Henrichs seconded
the motion.
Motion passed 5-0.
ITEMS REMOVED FROM THE CONSENT AGENDA
Consideration and Possible Action - PLAT 24-71: Preliminary Plat of Menon
Enclave
A request by Lucy Magana of Windrose Land Services, the applicant; on behalf Dr.
Venugopal K Menon, owner; for approval of the Preliminary Plat of Menon Family
Enclave creating 11 single family lots, and 4 reserves on 2.883 acres of land located
at 6962 Amie Lane. (WITHDRAWN BY APPLICANT)
Legal Description: A Subdivision of 2.883 acres / 125,564 square feet situated in
the H.T.& B.R.R. Co. Survey, Section 25, Abstract No.245, Brazoria County, Texas.
General Location: 6962 Amie Lane, Pearland, Texas.
NEW BUSINESS
Vice Chairperson Isenberg read into the record the item on Consideration and Possible Action —
PLAT 24-70: Replat of Welcome Kirby.
Consideration and Possible Action - PLAT 24-70: Replat of Welcome Kirby
Request by Daniel Massiatte, applicant on behalf of Welcome Land Development, LLC, owners; for
approval of a replat of Welcome Kirby, to combine a parcel of land to a platted lot, creating 1 lot on
22.69 acres of land described to wit:
Legal Description: A subdivision of 22.6910 acres of land being a replat of Lot 59 1/2 Block F of
Allison Richey Gulf Coast Homes Subdivision, Recorded in Volume 3 page 40 of the Harris County
Map records, and Lot 1 Block 1 of Welcome Kirby, recorded under Film Code 706729 of the Harris
County Map Records and located in the James Hamilton Survey, Abstract 876, in the City of
Pearland, Harris County, Texas.
General Location: NW corner of Fruge Road and Kirby Drive, East of Hooper Road, Pearland,
Texas.
Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated the request is a
replat of Welcome Kirby, creating one lot with the intent to add a small lot to the already platted
area. Ms. Buaku discussed the multiple zoning designations, LNR Development Agreement, and
the details of the plat. Mrs. Buaku stated that replat meets all the requirements of the Unified
Development Code (UDC), and staff recommends approval.
The applicant was not present.
Vice Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
There was no further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Isenberg read into the record the item on Consideration and Possible Action —
PLAT 24-70: Replat of Welcome Kirby. Commissioner Haskins made the motion to approve the
replat, and Commissioner Henrichs seconded the motion.
Motion passed 5-0.
Vice Chairperson Isenberg read into the record the item on Consideration and Possible Action —
Proposed Amendments to the Unified Development Code Pertaining Tree Preservation
Ordinance.
Consideration and Possible Action - Proposed Amendments to the Unified Development
Code Pertaining Tree Preservation Ordinance
Public Hearing: A request by the City of Pearland, applicant, for approval of a proposed
amendment to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with
Section 1.1.4.1 of the Unified Development Code, to include:
1. Amendments to Chapter 4, Section 4.2.3.7 (c), Tree Replacement Requirements, to amend
the mitigation fee.
2. Amendments to Chapter 4, Section 4.2.3.7 (c), Tree Replacement Requirements, to allow
waiver of mitigation fee for damaged or diseased trees.
3. Amendments to Chapter 4, Section 4.2.3.7 (d), Tree Mitigation Fee Credit, to remove
prohibition on credit for minimum landscape requirements.
4. Amendments to Chapter 4, Section 4.2.3.7 (e), Tree credits, to allow preservation account
for 100% of tree mitigation instead of 25%.
5. Amendments to Chapter 4, Section 4.2.3.7 (e), Tree credits, to allow planting of required
tree mitigation in residential subdivisions.
6. Amendments to Chapter 4, Section 4.2.3.7 (e), Tree credits, to create a credit schedule for
up -sizing proposed planted trees to meet tree mitigation.
7. Amendments to Chapter 4, Section 4.2.3.7 (c), Tree Replacement Requirements, to
establish a mitigation fee cap.
Deputy Director Griggs presented the staff report with exhibits. Mr. Griggs reviewed the additional
staff research since the City Council discussion and the following amendments are recommended
by staff:
1. Increase allowable tree credits from 25% to 100% for up -sized landscaping trees,
providing developers greater flexibility.
2. Incentivize larger tree planting with a new credit schedule to encourage the planting of
more mature trees.
3. Allow trees planted in residential developments to count toward mitigation, reducing
reliance on mitigation fees while supporting the city's overall canopy goals.
4. Raise the tree mitigation fee from $200 per inch to $300 per inch, reflecting current
planting costs and inflation.
5. Authorize the Urban Forester to waive fees for trees that are diseased, dead, or pose an
imminent danger, to ensure fairness.
6. Establish a tree mitigation fee cap:
• Option A: Fee will not exceed 95% of the site's tax value.
• Option B: Fee will not exceed 10% of the development's valuation.
Mr. Griggs presented the staffs options for the Tree Mitigation Fee Cap. Mr. Griggs stated that
the Tree Preservation Ordinance amendments will be presented to the City Council at the regular
meeting on October 14, 2024.
Vice Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Henrichs asked staff for a recent business example regarding the tree mitigation
fee cap. Director Wyly stated that he didn't recall any specific examples, other than the mitigation
fees are calculated using the Brazoria County Appraisal District (BCAD) values. Commissioner
Haskins asked staff for clarification on the actual property tax value that would be used to
calculate the mitigation fee. Mr. Wyly responded that staff would need direction from the Planning
& Zoning Commission and City Council regarding the appropriate tax value and noted that staff is
aware the BCAD value is lagging. Commissioner Hakins discussed the issue of how the
development value for Option B is obtained and whether it is being validated. Commissioner
Echols expressed concerns about raising the tree mitigation fee and its potential impact on
developers. Mr. Wyly briefly outlined the importance of maintaining the community's canopy, the
reasons for adjusting the fee, and how the mitigation fee is intended to encourage developers to
plant trees. Commissioner Echols asked staff where the city plants the trees purchased by the
tree trust. Mr. Wyly explained the various areas of the city where the trees are planted.
Commissioner Ordeneaux asked staff about the city's canopy goals. Deputy Director Griggs
stated the program goal is to aim for the national average of 20%. Vice Chairperson Isenberg
asked staff what options other cities use for a mitigation cap. Mr. Wyly responded that staff did not
find any other city in Texas with a cap. Commissioner Henrichs stated that the City of Alvin has a
per -acre cap. Mr. Wyly added that the City of Alvin charges a fee of $2,500 per acre, with a
maximum of $100,000 per development. Commissioner Ordeneaux asked if staff reached a
conclusion on determining the development value of Option B. Mr. Wyly replied that the
development value is based on what the developers report to staff and operates on an honor -
based system. Commissioner Haskins asked staff weather there is a specific value for the tree
trust that the city aims to meet. Mr. Wyly pointed out that the tree trust fund value is currently at
the lower end due to the number of lots remaining in the city. Mr. Wyly further explained that the
fund has been used sparing for projects, and the urban forestry program has distributed
thousands of trees to help minimize the reduction of the canopy.
Commissioner Echols made the motion to amend the Tree Preservation Ordinance Amendments
to approve amendments one through five and to adjust the tree mitigation fee cap to Option B:
Fee will not exceed 1 % of the development's valuation.
Motion failed due to a lack of a second.
Commissioner Echols withdrew his motion and the discussion continued.
Commissioner Ordeneaux asked staff to clarify how the tax value is determined in Option A.
Deputy City Attorney Provins discussed the possibility of using the current tax value, the purchase
price, and the development value. Commissioner Echols raised concerns about high tree
mitigation fees potentially discouraging development in Pearland. Mr. Griggs directed attention to
the overall process for determining the Tree Mitigation fee. Mr. Wyly added that fewer than thirty
projects have paid mitigation fees into the tree trust account since its inception in 1997.
Commissioner Ordeneaux requested an explanation of amendment number three. Mr. Griggs
described the tree credit schedule, emphasizing that the first five amendments provide significant
benefits to developers, as well as the importance of funding the program. Commissioner
Ordeneaux further inquired whether the city could request the current appraisal value for Option A
and what criteria would be used to determine the tax value. Mr. Provins noted that some may find
the documentation intrusive and mentioned that the city has development fees based on a
percentage of costs. Commissioner Echols asked staff how many trees a developer would need to
plant to mitigate the fee for thirty -inch Oak tree. Mr. Griggs discussed how to calculate the number
of trees required to satisfy the mitigation fee.
There was no further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Isenberg read into the record the item on Consideration and Possible Action —
Proposed Amendments to the Unified Development Code (UDC) Pertaining Tree Preservation
Ordinance. Commissioner Haskins made the motion to approve the proposed amendments to the
Tree Preservation Ordinance, and Commissioner Ordeneaux seconded the motion.
Commissioner Henrichs made the motion to amend the Tree Preservation Ordinance
Amendments to approve amendments one through five and to adjust the tree mitigation fee cap
to:
6. Establish a tree mitigation fee cap: the lower of either.
• Option A: Fee will not exceed 20% of the site's tax value.
• Option B the fee will not exceed 2% of the development's valuation.
Commissioner Echols seconded the motion.
Motion failed 2-3.
Commissioner Haskins made the motion to amend the Tree Preservation Ordinance Amendments
to approve amendments one through five and to adjust the tree mitigation fee cap to:
6. Establish a tree mitigation fee cap: the lower of either.
• Option A: Fee will not exceed 95% of the site's tax value, based on the latest tax value
from the County Appraisal District and other disclosable means of valuation accepted
by staff (closing documents, etc.).
• Option B: Fee will not exceed 10% of the development's valuation.
Commissioner Ordeneaux seconded the motion.
Motion failed 2-3.
Commissioner Henrichs expressed concerns that the 95% cap represents a significant expense
for small business owners. Commissioner Echols discussed having a cap while also lowering the
percentage for tree mitigation, emphasizing that the mitigation fees help maintain the city's
canopy. Commissioner Henrichs asked staff if the commission's recommendation could include
multiple options. Mr. Provins confirmed that they can recommend multiple options to Council.
Commissioner Haskins made the motion to amend the Tree Preservation Ordinance Amendments
to approve amendments one through five and to add the following options to the tree mitigation
fee cap:
6. Establish a tree mitigation fee cap:
• Option A: Fee will not exceed 95% of the site's tax value.
• Option B: Fee will not exceed 10% of the development's valuation.
• Option C: Establish a tree mitigation fee cap: The lower of the two:
o Fee will not exceed 20% of the site's tax value.
o Fee will not exceed 2% of the development's valuation.
• Option D: Establish a tree mitigation fee cap: The lower of either:
o Fee will not exceed 95% of the site's tax value, based on the latest tax value
for the County Appraisal District and other disclosable means of valuation
accepted by staff.
o Fee will not exceed 10% of the development's valuation.
Commissioner Ordeneaux seconded the motion.
Motion passed 4-1.
DISCUSSION ITEMS
1. City Council Update Report: Deputy Director Griggs stated that at the September 23,
2024, meeting, the Council approved the second reading of ZONE 24-15, a zone
assignment for Single -Family Residential-3 (R-3) District at the newly annexed property
on Glenn View Drive. Mr. Griggs also mentioned that the Council approved the UDC
rewrite contract with Design Workshop.
2. Commissioner Activity Report: None.
3. 2025 Planning and Zoning Submittal Calendar: Mr. Griggs highlighted the availability of
the Planning and Zoning Submittal Calendars and indicated that the meeting dates will
be added to the Commissioners' calendars.
4. City Council & P&Z Joint Workshop, October 14, 2024
P&Z Regular Meeting: October 21, 2024.
ADJOURNMENT
Vice Chairperson Isenberg adjourned the P&Z Regular meeting at 7:54 P.M.
These minutes were respectfully submitted by:
Jennifer Danley, Executive Assistant
Minutes approved as submitted and/or corrected on this 21st day of October 2024.
Derrell Isenberg, Planning & Zoning Vice Chairperson