Planning and Zoning Commission Regular Session - January 22, 2025
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Planning and Zoning Commission Regular Session - January 22, 2025
The Planning and Zoning Commission of the City of Arlington, Texas, met in regular session on Wednesday, January 22, 2025, at 5:30 p.m. in the City Hall Council Chamber. The primary agenda item was a public hearing on amendments to the Unified Development Code (UDC) regarding tree preservation and mitigation. The commission also approved minutes from the previous meeting and heard public comments.
Consent Calendar
- II.A) Minutes of January 8, 2025 Regular Session Meeting: Approved unanimously (9 ayes, 0 nays).
Public Comments & Testimony
- Sherry K. Hard (former council member, Arlington): Expressed appreciation for the progress on tree preservation, noting the 2019 UDC amendment was a significant first step. Raised concerns about the 35% preservation requirement for single-family developments not preventing clear-cutting on large properties (citing the Green Oaks/303 project). Questioned the survivability of cross-timbers oaks preserved in parking lots, stating that post oaks cannot withstand heavy machinery, impervious pavement, or car parking under their drip lines. Suggested that bonus points for significant stands in surface parking lots should exempt cross-timbers oaks. Also asked for clarification on form-based code exemptions. Later returned to support eliminating garage parking requirements for multifamily as an incentive, noting that garages are often used for storage.
- Laura Capik (Arlington): Thanked the planning department, city council's municipal policy committee, and stakeholder groups (developer roundtable, Landmark Preservation Commission, Arlington Board of Realtors, MPAC) for their work on the amendment. Expressed disappointment at low public turnout, but emphasized the importance of protecting the cross-timbers forest in infill development.
Discussion Items
- III.A) Unified Development Code (UDC) Amendment: Tree Preservation and Mitigation:
- Staff presentation by John Chapman (Long-Range Planning Manager): Outlined objectives from the 2019 amendment: adjusting bonus point structures for tree preservation (reducing cross-timbers oak bonus from 2x/3x to 1.5x; bonus trees from 1.5 to 1.25; significant tree stands to be counted twice for non-residential only). Introduced a new "heritage tree" category for cross-timbers oaks greater than 40 inches, granting 2x bonus points and creating a deduction for removal. Enhanced significant stand definition (minimum 5 trees, 8 caliper inches) and added an "enhanced significant stand" (min 10 trees, 5 cross-timbers, 8+ caliper inches) with 3x bonus points that count only toward development incentives. Development incentives: for single-family, exceeding 35% preservation yields proportional reductions in lot area/dimensions (capped at 15%); for multifamily, new 10% preservation requirement with each 1% over granting 1% reduction in garage parking (capped at 25%); for non-residential/mixed-use, optional 10% preservation threshold with parking reduction incentives (capped at 25%). Miscellaneous revisions include a $600/inch penalty fee for unauthorized removal, revised purpose statement, exemptions for Arlington Municipal Airport (FAA regulations) and form-based code areas where explicitly stated.
- Commission discussion: Chairperson Nunez raised concerns about protecting cross-timbers oaks in parking lots, noting that current UDC prohibits encroachment within drip lines but questioned enforcement. Commissioner Ware cited River Legacy Park as an example where permeable pavers and careful design allowed tree preservation. Commissioner Sumpter suggested that additional incentives (e.g., density increases for multifamily) should be considered by council, as garage parking reductions may not be sufficient.
- Commissioner Blake noted River Legacy's successful integration of parking within tree stands.
Key Outcomes
- Motion and Vote: Commissioner Ware moved to approve the UDC amendment as presented, with additional recommendations to city council including: (1) no concrete, pavers, or parking allowed under the drip line of any stand that includes cross-timbers oaks; (2) city council should consider alternative incentives for multifamily developments, such as increased density, beyond the proposed garage parking reduction. Commissioner Blake seconded. The motion carried 9-0.
- Next Steps: The amendment will proceed to first reading at city council on February 4, 2025, with a second reading likely on February 28 or March 4, 2025.
Meeting Transcript
At this time, I'll ask our administrators to read the speaker guidelines and general decorum for tonight's meeting. The City of Arlington fully embraces the values of diversity, equity, inclusion, and accessibility where people of all identities and experiences are understood, appreciated, and fully included in the community, and where equitable treatment and outcomes prevail. We ask that the citizens and other visitors in attendance assist in preserving the order and decorum of this meeting and to provide for attendance at and participation in the meeting without fear of intimidation, threats, or hostility. 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If there are many speakers for an item, each speaker will be given three minutes to make their statements. Thank you very much. Seeing and hearing none. Present its report on the UDC amendments titled Tree Preservation and Mitigation. Sir. Good evening, Chair and Commission, uh John Chapman, long-range planning manager. Uh I have with uh tonight in the tree preservation and mitigation public hearing. Uh this uh we had a work session on this item earlier this month as well as a lot of other past meetings. We wanted to make sure that we really got involved with uh some of uh the DRT, which is the development round table, the landmark preservation commission, as well as Arbor. Um so I just want to publicly thank all of these stakeholder groups to really participate and be involved in these discussions and uh hopefully have a recommendation that's uh agreeable to everyone. So on the agenda today, I'm gonna talk about the objective as to why we are here, uh changes to our bonus point structure for tree preservation, um, a new addition to the point system uh with regards to a heritage tree, significant tree stand updates, as well as an enhanced significant uh stand update, um, development incentives for preservation, as well as other miscellaneous revisions related to tree preservation and mitigation. So, why are we here? Back in 2019, a UDC amendment was adopted related to tree preservation and mitigation to make a difference in protecting more cross timbers trees. Um, after a uh analysis was conducted by staff due to some concerns that were brought up. So this created the review for additional tree points offered through the preservation of cross timbers oaks, our bonus trees, and the significant tree stand. And then the addition of the heritage tree as well as penalty points for removal, and that was also something a big objective that came out of the beginning discussions. So changes to the bonus points for preservation. On the left hand side are the categories, cross timbers oaks, bonus trees, as well as significant tree stands. In the middle is our current bonus point structure for preservation. For cross timbers oaks, that received a two times bonus for single family residential and a three times bonus for all other uses, which would include non-residential and multifamily developments as well as mixed use. For bonus trees, that would be counted as one and a half additional points, and then for significant tree stands that would count as one and a half additional points as well, only for non-residential though. The proposal, which is the column on the right, identifies the proposed bonus point structure changes. So reducing the cross timbers oaks bonus points down to one and a half, so still creating an incentive for those trees based on the spirit of the 2019 code. However, we were dropping that to ensure that we are not overcompensating those points, whereas creating a reduction in Arlington's tree canopy and overall number of protected trees on the site as part of development. Same goes with our bonus bonus trees there on the second row, dropping from 1.5 to 1.25 for protection. And then for significant stand counting that caliper inches twice, which is based on a proposed definition enhancement, which I will talk about later on a future slide, and then just clarifying that this would only remain still as part as non-residential. In previous presentations, this was indicated as something that would be proposed as part of single family residential as well. But we you know re-looked at everything and said this doesn't really meet the objective of ensuring that we're adjusting our bonus point structures to not remove more tree canopy in Arlington. So that's been clarified to continue to only be part of non-residential preservation calculations. So a new addition to the point system, and this is one of the principal objectives of this update, is preserving these large cross-timbers oaks, what we are terming as heritage tree. The preservation of these trees would grant a developer two times bonus points. These would include trees that meet the definition of multi-trunk as well, which is defined in Article 12 of the UDC. And these would include cross-timbers oaks that are greater than 40 inches. So really big, you know, very mature trees. They've, you know, specifically with cross-timbers oaks that that size, those have been around for several hundred years, so very historic. This would, we were proposing to deincentivize the proposed removal of these heritage trees across all development types, and this would be by way of creating a deduction that would be equal to the times two caliper inches for the preservation of that tree. So if someone were to propose to be removing that tree from a site as part of their preservation calculation, they would actually have a subtraction as part of that. So it really makes sure that this type of tree is really part of the conversation and consideration as development projects are brought forward. For significant tree stands, and then something that came out of the planning and zoning work session that we had earlier this month and enhanced significant stand update. The top portion there for the for significant stands with existing and proposed is a breakdown of the existing definition found in Article 12 of the UDC. On the left hand side, you have the breakdown of the existing definition, and on the right hand side is the proposed. Basically, what's occurring is we are proposing higher standards to really meet something by definition that is significant.
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