[2. Conduct a public hearing, discussion, and possible action on an Ordinance Zoning approximately 26.084 acres out of 41.876 acres to Commercial General (C-G)/SUP Overlay, TNMP Company for property (White Oak Substations) located adjacent and north of 3343 E Mulberry St/ HWY 35, Angleton, TX 77515. ]

CONDUCT A PUBLIC HEARING DISCUSSION AND POSSIBLE ACTION ON AN ORDINANCE.

ZONING APPROXIMATELY 26.084 ACRES OUT OF 41.876 ACRES TO COMMERCIAL GENERAL OVERLAY.

TNMP COMPANY FOR PROPERTY OTHERWISE KNOWN AS THE WHITE OAK SUBSTATION, LOCATED ADJACENT AND NORTH OF 3343 EAST MULBERRY STREET.

HIGHWAY 35. ANGLETON, TEXAS MR.. SPRIGGS, WILL YOU PLEASE TELL US ABOUT THIS? WELCOME. GOOD AFTERNOON. COMMISSIONERS. YOU HAVE BEFORE YOU THIS IS A PUBLIC HEARING FOR LAND THAT THE CITY RECENTLY ANNEXED IN IN ACCORDANCE WITH THE REPORT, WE PROVIDED YOU THE BACKGROUND.

IF YOU REMEMBER, THE TNMP CENTERPOINT SUBSTATION SITE HERE ON 35 FURTHER TO THE EAST AND NORTH.

THEY CAME IN FOR AN SUP FOR THE SUB STATIONS TO WHICH ARE CURRENTLY UNDER CONSTRUCTION, AS YOU KNOW, THE ANNEXATION. BUT IT DID RECENTLY WAS TAKEN.

IT TOOK THE BACK ACREAGE, WHICH WAS OUR ETJ, AND PULLED THAT INTO THE CITY LIMITS.

THE SUP PREDATED THAT. WE APPROVED THE SUP BEFORE THE ANNEXATION AND COUNCIL APPROVED THAT SUBJECT TO THEM COMING BACK TO US AND BRINGING THE LAND INTO THE CITY.

SO THIS IS BASICALLY A CLEANUP REQUEST WHERE AS A FOLLOW UP OF THAT ANNEXATION, WE TYPICALLY ASSIGN A ZONING DISTRICT TO THAT ANNEXATION. AND THAT'S ALL THAT YOU'RE DOING TODAY AND MAKING FINAL RECOMMENDATIONS TO THE COUNCIL.

THE PLAN IS IN MOTION AND BEING RECORDED, AND THE SITE IS UNDER CONSTRUCTION, AS YOU CAN SEE FROM THE PHOTOGRAPHS IN THE REPORT.

SO THE 26.04084 ACRES IS UP BEFORE YOU FOR A PUBLIC HEARING FOR COMMENT IN WHICH WE DID NOTIFY THE PROPERTY OWNERS WITHIN 200FT OF THE PROPERTY AND THE LEGAL NOTICE IS ATTACHED TO THE AGENDA.

WE DID RECEIVE ONE CALL FROM THE NEIGHBORING PROPERTY, WHICH IS THE AMERICAN LEGION HALL, WHICH THEY HAD NO ISSUES. THEY CALLED JUST TO SEE WHAT THE DETAILS WERE.

SO THIS IS PRETTY STANDARD TO HAVE THE BACK ACREAGE AND EXTENDED TO THE CITY.

SO THEY UNDERSTOOD EXACTLY WHAT'S GOING ON AND HAD NO ISSUES WITH THIS.

SO I NOW TURN IT OVER TO YOU TO OPEN UP THE PUBLIC HEARING.

AND IF YOU HAVE ANY FOLLOW UP QUESTIONS, WE'LL BE GLAD TO ANSWER. SO, SO JUST TO MAKE SURE I FULLY UNDERSTAND, WE'RE TAKING THE PORTION OF THE PROJECT THAT WAS IN THE ETJ AND HAS SINCE BEEN ANNEXED OR IS IN SOME, SOME PROCESS THERETO BEING ANNEXED AND JUST MAKING THE THE ZONING CONSISTENT WITH THE PORTION THAT IS IN THE CITY LIMITS? YES. WITH THE BALANCE OF THE 41 POINT SOMETHING ACRES.

OKAY. THANK YOU. THIS WILL CLEAN IT UP ASSIGNED THE DISTRICT, WHICH IS C-G IN GENERAL WITH THE OVERLAY FOR THE SUBSTATION.

GOT IT. THANK YOU. ALL RIGHT. AT THIS TIME, I WILL ENTERTAIN A MOTION TO OPEN THE PUBLIC HEARING.

SO MOVED. SECOND, I HAVE A MOTION FROM COMMISSIONER TOWNSEND AND A SECOND FROM COMMISSIONER HESTON.

ALL THOSE IN FAVOR INDICATE BY SAYING AYE. AYE, AYE.

MOTION CARRIES. ALL RIGHT. IS THERE ANYONE HERE TO SPEAK ON OR ABOUT ON BEHALF OF THIS THIS ITEM.

GOING ONCE, GOING TWICE. ALL RIGHT. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SO MOVED. I HAVE A MOTION BY COMMISSIONER TOWNSEND, A SECOND BY COMMISSIONER SPOOR.

ALL THOSE IN FAVOR OF THE MOTION INDICATE BY SAYING AYE.

AYE, AYE. MOTION CARRIES. ALL RIGHT. SO SEEMS PRETTY STRAIGHTFORWARD.

DOES ANYONE HAVE QUESTIONS OR JUST WANT TO MAKE A MOTION I MOVE.

WE RECOMMEND APPROVAL OF ORDINANCE ZONING 26.084 ACRES FOR THE TEXAS NEW MEXICO POWER CENTER POINT WHITE OAK SUBSTATION TO C-G, WHICH IS COMMERCIAL GENERAL DISTRICT WITH AN OVERLAY FOR THE SUBSTATION FOR PROPERTY LOCATED ADJACENT AND NORTH OF 3343 EAST MULBERRY STREET. HIGHWAY 35, ANGLETON, TEXAS.

I HAVE A MOTION. SECOND. I HAVE A SECOND FROM COMMISSIONER BIERI.

IS THERE ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR OF THE MOTION INDICATE SO BY SAYING AYE.

[00:05:03]

AYE. OPPOSED. SAME SIGN. MOTION CARRIES. ITEM THREE.

[3. Discussion and Possible Action on an application for the Tree Mitigation Site Plan for the Windrose Green community, located at the intersection of FM 523 and Windrose Green Blvd, directly east of Angleton High School. ]

DISCUSSION AND POSSIBLE ACTION ON AN APPLICATION FOR THE TREE MITIGATION SITE PLAN FOR THE WINDROSE GREEN COMMUNITY, LOCATED AT THE INTERSECTION OF FM 523 AND WINDROSE GREEN BOULEVARD, DIRECTLY EAST OF ANGLETON HIGH SCHOOL.

MR. SPRIGGS. THANK YOU, COMMISSIONERS, I'LL INTRODUCE THIS ITEM TO YOU.

AS YOU KNOW, WINDROSE GREEN COMMUNITY IS UNDER CONSTRUCTION.

THIS IS ONE OF THOSE CHECK BOXES THAT WAS NEVER BASICALLY TAKEN CARE OF.

IT PREDATED A NUMBER OF US IN TERMS OF THE PREVIOUS CITY LEADERS THAT REVIEWED THIS AND PROCESSED THE DEVELOPMENT.

BUT HOWEVER, AS PART OF YOUR HERITAGE TREE ORDINANCE WE ARE SUPPOSED TO TAKE THIS BEFORE YOU AS THE PLANNING COMMISSIONERS, AS YOU KNOW, AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL ON COMPLIANCE WITH THAT TREE MITIGATION ORDINANCE, WHICH IS SECTION 23-6. WE HAVE ATTACHED THE APPLICATION TO YOU THAT WAS SUBMITTED BY THE APPLICANT WHERE THEY OUTLINE THE SITE IN TERMS OF HOW THEY WENT IN AND MAYBE REMOVED THE NUMBER OF TREES AND DID THEIR CALCULATIONS.

AS YOU KNOW, WITH THE HERITAGE TREE ORDINANCE, THE REPLACEMENT RATIO IS 3 TO 1.

AND ALSO AS STAFF HAS GIVEN YOU SOME COMMENTS, THERE'S ALSO THE CALIBER OF TREE WHICH TYPICALLY IS SUPPOSED TO BE OF A CERTAIN SIZE TREE AT THE TIME OF PLANTING.

THOSE THRESHOLDS ARE GOING TO BE PRESENTED TO YOU TODAY.

A WHEREAS THE APPLICANT HAS MET THE REQUIRED CALIBER TOTAL.

THERE WERE SOME QUESTIONS ON THE METHODOLOGY IN TERMS OF THE CREDITS THAT ARE BEING REQUESTED.

SO THE APPLICANT CALCULATIONS DO ALLUDE TO THE TREE CALIBER.

SO BASICALLY THE TREES THAT WERE PUT IN WERE PUT IN A LITTLE SMALLER.

BUT AS YOU KNOW, SOME TIME HAS ELAPSED IN TERMS OF THE TREE GROWTH.

SO THEY'RE REQUESTING A CERTAIN CREDIT OF THAT OR WAIVER OF THAT REQUIREMENT.

SO WE'LL BE DISCUSSING THAT IN THIS PARTICULAR ONE.

SO I'LL YIELD RIGHT NOW WHERE THE APPLICANT CAN COME BEFORE YOU EXPLAIN WHAT THEY'VE ATTACHED TO THE AGENDA.

YOU DO HAVE BOTH COPIES. I WILL ALSO ALERT YOU THAT THE CITY ENGINEER HAS HIS LETTER ATTACHED IN TERMS OF HIS REVIEW, AND WE DID MEET WITH THEM. WE DID MAKE IT CLEAR WITH THEM THAT THERE IS NO WAIVERS THAT STAFF CAN GIVE IN TERMS OF THE TYPES OF TREES.

AS YOU KNOW, AS THAT HERITAGE REQUIREMENT, YOU HAVE TO HAVE THE LIVE OAK OR PECAN.

BUT IF THERE'S ANY SUBSTITUTES THAT THEY'RE TRYING TO PUT IN OTHER THAN THOSE TWO, THEY HAVE TO GO THROUGH THE PROCESS OF CHAIN OF COMMAND.

SO I'LL YIELD RIGHT NOW AND THEN WE'LL LET THEM PRESENT.

AND THEN IF THERE'S ANY WAIVERS TO CONSIDER, IF YOU HAVE ANY QUESTIONS, WE'LL BE GLAD TO ANSWER THAT.

KNOW THAT THE COUNCIL MAKES THE FINAL DECISION ON THIS RECOMMENDATION.

SO ANYTHING YOU DECIDE ON TODAY WILL TAKE THAT TO THEM.

I APOLOGIZE THAT DO NOT HAVE THE CITY ENGINEER WITH ME TODAY, NOR THE PARKS DIRECTOR WHO THEY'VE BEEN REALLY INVOLVED IN THE REVIEW, BUT THEY DID GIVE ME COMMENTS, AS YOU SEE IN THE UPDATED REPORT THAT WE HAVE PROVIDED FOR YOU.

AND THEN WE'LL TAKE THIS TO COUNCIL FOR A FINAL RECOMMENDATION.

THANK YOU VERY MUCH. OKAY AT THIS TIME? I'M SORRY, I DON'T REMEMBER YOUR NAME.

IT'S OKAY. JOE. JOE. JOE, DO YOU WANT TO. YOU WANT TO COME GIVE US A SUMMARY? THANK YOU. AND JUST JUST INTRODUCE YOURSELF. AND.

AND FOR THE MINUTES. MY NAME IS JOE GRABINSKI.

IT'S NICE TO MEET YOU ALL ESPECIALLY THOSE WHO DIDN'T GET A CHANCE TO MEET BEFORE THIS. I AM WITH EMBER GROUP.

SO, THE DEVELOPER OF WINDROSE GREEN. I'M OUR DIRECTOR OF DEVELOPMENT.

SO I'M HERE TODAY TO TALK ABOUT TWO DIFFERENT TREATMENT MITIGATIONS.

SO THE FIRST ONE LOOKS LIKE WE'RE TALKING ABOUT IS RELATED TO WITHIN THE ACTUAL COMMUNITY.

SO MY UNDERSTANDING OF THE ORDINANCE IS THAT THERE'S A REQUIREMENT OF A 3 TO 1 REPLACEMENT.

SO THIS IS, IN FACT, A REPLACEMENT. SO SOME OF THAT REPLACEMENT HAS ALREADY OCCURRED.

SO JUST LOOKING AT THE NUMBERS REAL QUICK, WHICH ARE OUTLINED HERE IN THE FIRST TWO PAGES OF THE LETTER, IT'S ACTUALLY RIGHT UP HERE. SO 24 TREES WERE REMOVED, WHICH EQUATED TO THE 198 CALIPER INCHES. SO YOU TAKE THAT AND MULTIPLY IT BY THREE.

THAT GETS YOU TO THE 5.94. SO YOU LOOK AT PHASE ONE, PHASE TWO, AND THEN WHAT'S PROPOSED IN PHASE THREE.

[00:10:02]

THE REASON IT SAYS PROPOSED IS WE HAVE NOT PLANTED WHAT'S IN PHASE THREE YET.

PHASE ONE AND TWO ALREADY HAS BEEN PLANTED. SO WHEN YOU SEE THE TOTALS OF ALL OF THOSE TREES FROM PHASE ONE, TWO AND THREE, THAT BRINGS US TO THE 596 CHANGE CALIPER INCHES.

SO THAT'S, I THINK, PRETTY STRAIGHTFORWARD. THAT'S IT ACTUALLY.

AND I'M SURE WE HAVE QUESTIONS. YOU HAVE QUESTIONS? I'M SURE WE HAVE QUESTIONS AS OPPOSED TO GOING THROUGH THE EXHIBIT. YEAH, YEAH, YEAH. I THINK THIS REALLY IS THE THE KEY PART.

HAPPY TO ANSWER ANY QUESTIONS. ALL RIGHT. WHO HAS QUESTIONS? WHEN WERE THE CALIPER MEASUREMENTS TAKEN FOR PHASE ONE AND PHASE TWO.

THOSE WERE TAKEN NOVEMBER 2024. SO WE'VE BEEN NOW GRANTED, YOU KNOW, YOU MIGHT SAY THAT.

YEAH, SORRY, I DID SAY NOVEMBER OF 2024. WE'VE BEEN WORKING ON THIS TREE MITIGATION CLOSEOUT WITH THE CITY STAFF FOR SINCE, SINCE NOVEMBER OF LAST YEAR. AND YOU KNOW, THERE'S BEEN SOME DELAYS IN TRYING TO GET THIS ACROSS THE FINISH LINE, BUT OUR, OUR LANDSCAPE ARCHITECTURE TEAM DID PERFORM THE TREE SURVEY LAST YEAR.

SO ABOUT A YEAR AGO. WHEN WERE THE TREES PLANTED? THE TREES WERE PLANTED IN DIFFERENT STAGES. SO PHASE ONE LANDSCAPING HAPPENED AROUND LATE 2022 EARLY 2023, AND THE PHASE TWO LANDSCAPING, WE COMPLETED THAT PROJECT LAST SUMMER MID 2024.

AND THEN WE'RE CURRENTLY WORKING WITH OUR LANDSCAPE CONTRACTOR ON PHASE THREE TO PROCEED WITH THE INSTALLATION AND RELATED IRRIGATION WORK.

SO WOULD IT BE FAIR TO SAY THAT THE TREES IN PHASE ONE, AT THE TIME THEY WERE MEASURED HAD HAD 18 TO 24 MONTHS TO GROW. THEY WEREN'T MEASURED AT THE TIME OF PLANTING.

CORRECT. OKAY. AND IT LOOKS LIKE MOST OF THESE ARE BELOW THREE CALIPER INCHES FOR THE TREES.

ON THE PHASE ONE. YEAH, THAT IS CORRECT. SO I'M LOOKING HERE.

SO YES, THEY WERE RANGE IN SIZE FROM 2 TO 4IN IN PHASE ONE.

AND PHASE TWO IS AT THE THREE INCH MARK. WHY ARE YOU SO NOW, I MEAN, NOW THAT YOU'RE COMING TO US AT THIS POINT KNOWING THAT THE REPLACEMENT TREES ARE SUPPOSED TO EITHER BE PECAN OR LIVE OAK WHY ARE YOU STILL PROPOSING A BUNCH OF BALD CYPRESS, CYPRESS AND WATER OAK FOR STUFF THAT HASN'T EVEN BEEN PLANTED YET? IT'S NOT EVEN ASKING FOR FORGIVENESS. YOU'RE ASKING FOR US TO LOOK AT GIVING A THUMBS UP TO SOMETHING THAT JUST DOESN'T CORRESPOND. WHY THE BALD CYPRESS? WHY THE WATER OAK INSTEAD OF WHAT'S IN THE.

YEAH, NO, THAT'S A GOOD QUESTION. SO WE WENT OFF OF THE ORDINANCE, WHICH AREN'T, YOU KNOW, READING THE ORDINANCE STATES THAT YOU COULD DO A REPLACEMENT WITH EITHER HERITAGE TREES, WHICH ARE THE LIVE OAK OR PECAN TREES OR SIGNIFICANT TREES. AND THAT'S WHERE THE BALD CYPRESS AND WATER OAK TREES SPECIES COME INTO PLAY.

SO THAT'S YOU KNOW, THAT'S THE REASON. SO WE'RE NOT ASKING FOR A VARIANCE BECAUSE IT'S JUST WE WANT THE ORDINANCE SEEMS TO BE PRETTY CLEAR THAT SIGNIFICANT TREES ARE ALLOWED AS A REPLACEMENT, WHICH THE WATER OAK HAS A FASTER RATE OF GROWTH THAN A LIVE OAK.

SO IF YOU'RE GOING TO PUT IT IN A NEIGHBORHOOD, THE THE WATER OAKS ARE GOING TO HAVE A QUICKER GROWTH.

OKAY. THAT MAKES SENSE. I DON'T LOVE A WATER OAK.

I AM ON BOARD WITH THE BALD CYPRESS ESPECIALLY.

I LIKE THE WATER FEATURES. BUT YEAH, I DON'T.

SPEAKING AS A HOMEOWNER WHO HAS WATER OAK ON THEIR PROPERTY, I AM NOT SO KEEN ON THE WATER.

IF WE WANT TO SPEAK ABOUT OAK IN PERSONAL PROPERTY, ALL OAK TREES ARE TRASH TREES.

SO THEY DUMP THEIR, YOU KNOW, LEAVES. THEY DUMP THEY'RE HARD TO KEEP.

I MEAN, WE HAVE PROBABLY 20 BAGS THAT COME OUT OF OUR YARD A YEAR ON OAK.

SO THE CYPRESS, YOU KNOW, I'M. I LOVE OUR CYPRESS TREES.

YOU KNOW, SO I'M NOT SURE THIS IS THE APPROPRIATE TIME TO ASK, BUT MAYBE I'M CURIOUS WHY YOU HAVE THAT OPINION.

JUST BECAUSE I. I LIVE ON PROPERTY THAT HAS WATER OAKS, AND THEY DO NOT LAST AS LONG AS LIVE OAKS.

AND WHEN THEY DIE, THEY TEND TO ROT FROM THE INSIDE AND CAN FALL AND CAUSE SIGNIFICANT DAMAGE.

WE HAD TO HAVE ONE TAKEN DOWN SO THAT IT WOULD NOT COME THROUGH TO OUR LIVING ROOM.

BUT THAT CAN BE ON LIVE OAKS, TOO. SO OAK TREES HAVE A CASE OF OAK DECLINE.

SO IN THIS AREA. SO WHEN YOU HAVE OAK DECLINE STARTING ON YOUR TREES, IT'S USUALLY A HARD THING TO COME OUT.

IT'S A DISEASE. BUT LIVE OAKS AND WATER OAKS, OAK TREES IN GENERAL GET IT.

BECAUSE WE'VE HAD WE HAVE LOTS OF OAK TREES. SO NOW I'M CURIOUS ABOUT WHY YOU GUYS ARE ARE HERE IN THE FIRST PLACE.

[00:15:04]

WHY DID WE MISS THIS REQUIREMENT IN THE, IN THE.

IN 2022. YEAH. OKAY. YEAH. SO THAT'S AN EXCELLENT QUESTION THAT I'M NOT GOING TO BE ABLE TO GIVE A VERY GOOD ANSWER TO.

MY UNDERSTANDING IS THERE WERE CONVERSATIONS WITH CITY STAFF AT THAT TIME.

THEY KNEW THAT WE WERE MOVING FORWARD WITH PLANTING THE TREES, SPECIFICALLY AS TO WHY NOBODY WAS HERE AND DOING THIS, WHAT WE'RE DOING RIGHT NOW. I DON'T KNOW. I WAS NOT WITH THEM OR TEAM AT THAT TIME.

AND, I'LL JUST ADD THAT SINCE, YOU KNOW, WE DID FOLLOW WHAT'S IN THE ORDINANCE, I, I UNDERSTAND, I UNDERSTAND WE'RE SUPPOSED TO BE HERE. LIKE I'M NOT TRYING TO DISCREDIT THAT OR NEGATE THAT AT ALL, OR LIKE THAT. WE INTENTIONALLY WERE TRYING TO CIRCUMVENT THE RULES. THAT'S NOT AT ALL WHAT I'M SAYING. BUT I THINK IT IS A LITTLE DIFFERENT IN THE FACT THAT WE DID FOLLOW THE ORDINANCE. AND BECAUSE I COMPLETELY UNDERSTAND MR. HUSTON, WHERE YOU WERE MENTIONING, LIKE, IF WE WERE GRANTING OR IF WE HAD DONE SOMETHING OUTSIDE OF THE ORDINANCE AND WERE HERE LIKE, HEY SO WE DID THIS AND WE WOULD LIKE A VARIANCE.

THAT'S THAT IS I AGREE, THAT'S A DIFFERENT CONVERSATION.

BUT AGAIN, I'M NOT TRYING TO NEGATE THE FACT THAT WE WERE NOT HERE, YOU KNOW, APPROXIMATELY THREE YEARS AGO.

AND I DON'T KNOW WHY. OKAY. LET ME KNOW. I APPRECIATE THAT.

AND I GUESS MY ONE QUIBBLE WOULD BE WITH HOW THE MEASUREMENTS WERE TAKEN, WHICH I THINK IS MIRRORED IN STAFF'S COMMENTS.

OR MAYBE NOT NECESSARILY HOW THE MEASUREMENTS WERE TAKEN, BUT THE TIME AT WHICH THEY WERE TAKEN AND THE TIME THAT THE.

THE TREES THAT DID NOT COMPLY WERE PLANTED. CORRECT? BASICALLY THEY ARE. THEY'RE NOT NECESSARILY REQUESTING A VARIANCE, BUT THEY'RE REQUESTING A CREDIT OF THAT REQUIREMENT.

CORRECT. THAT'S WHAT'S OUTLINED IN THE REPORT, IS THE MERE FACT THAT AT THE TIME OF PLANTING IS WHEN IT SHOULD HAVE BEEN CALCULATED.

SO THAT AMOUNT IN BETWEEN THAT DEFICIT, YOU GUYS ARE ASKED TO ADDRESS THAT BECAUSE WE COULD NOT IN TERMS OF THE ORDINANCE ITSELF.

SO JUST MAKE CLEAR THAT'S NOT THE UPDATED REPORT.

WELL, AND IT SEEMS TO ME THAT IF WE'RE GOING TO COMPLY WITH THE SPIRIT OF THE LAW, WE NEED TO GIVE A NOD TO THE FACT THAT THOSE MEASUREMENTS SHOULD HAVE BEEN TAKEN AT THE TIME THE TREES WERE PLANTED. AND SO NOW I THINK THE CITY NEEDS SOME SORT OF COMPENSATION FOR THE FACT THAT THEY WEREN'T EITHER, BECAUSE ADDITIONAL TREES ARE GOING TO BE PLANTED OR FEE IN LIEU OF WHICH I WOULD LOVE TO KNOW.

OTIS, IF YOU KNOW IF PARKS AND REC HAS A PREFERENCE AND THAT'S WHAT HE'S SAYING.

IF YOU SEE IN THE COMMENTS THAT THEY WOULD GO BACK AND AND DO A RECALCULATE.

AND THEN MAYBE THAT'S WHAT THE RECOMMENDATION NEEDS TO BE BY THE TIME THIS HITS COUNCIL THAT THAT'D BE WORKED OUT AND WE CAN HAVE ANOTHER MEETING WITH THEM.

OF COURSE, THE MEETING IS TUESDAY. WE MIGHT HAVE TO BEAT MONDAY.

FIGURE OUT WHAT THAT LOOKS LIKE, IF ANYTHING, MEANING NUMBER OF TREES OR FEE IN LIEU OF LIKE WHAT? THAT SPECIFIC. OKAY. AM I ALLOWED TO ASK A QUESTION? YES. SO YOU MENTIONED RECALCULATE. I JUST WANT TO MAKE SURE TO UNDERSTAND KIND OF WHAT WE'RE TALKING ABOUT HERE.

SO WHEN I LOOK AT IT SO LET'S JUST GO BACK. SO PHASE THREE THIS IS IN THE FUTURE RIGHT.

SO WE'RE ACTUALLY PHASE THREE. WE'RE DOING THIS PHASE TWO.

THOSE TREES WERE PLANTED A FEW MONTHS BEFORE THESE CALCULATIONS WERE TAKEN.

ARE WE IN AGREEMENT THAT THAT WAS CLOSE ENOUGH TO THOSE CALCULATIONS ARE GOOD.

AND IT'S REALLY IT'S THE PHASE ONE TREES THAT THAT'S MORE EXTENDED PERIOD OF TIME.

THAT'S IS UP FOR DEBATE. THAT SEEMS FAIR. YEAH.

OKAY. SO FOR THE PHASE ONE, I DON'T KNOW IF THIS IS POSSIBLE, BUT I'D LIKE TO THINK IT IS.

LIKE, WE I DON'T KNOW IF IT'S SOMEBODY FROM YOUR SIDE.

IF WE USE THE SAME ARBORIST THAT WAS REFERENCED IN THE LETTER THAT WE WORKED WITH.

LIKE, IS THERE A WAY TO, BASED ON THE SPECIES TO CALCULATE? OKAY, HERE'S WHAT THEY WERE ON NOVEMBER 20TH, IN NOVEMBER OF 2024.

WE KNOW WHEN THEY WERE PLANTED, WHICH WE'LL FIGURE OUT EXACTLY.

BUT APPROXIMATELY TWO YEARS BEFORE THEN, BASED ON THE SPECIES, WE KNOW APPROXIMATELY HOW MUCH A TREE WOULD GROW IN THOSE TWO YEARS.

AND WE COULD GO BACKWARDS AND LIKE BACK INTO THE ACTUAL REAL NUMBER.

WELL, I THINK THAT'S KIND OF MY QUESTION, TOO.

I MEAN, BECAUSE I GUESS PARKS AND REC, I'M ASSUMING, WOULD WANT TO BE IN ON THAT DISCUSSION BECAUSE THAT'S THAT'S JUST IT.

CAN YOU DO THAT? STEP ONE CAN THAT CALCULATION EVEN BE DONE? OR OR REALLY DOES IT JUST HAVE TO BE? I MEAN, ARE WE BALLPARKING? I GUESS, LIKE, WE KNOW HOW MANY TWO INCH TREES, THREE INCH, WHATEVER.

WERE WE SAMPLE? I MEAN, YOU COULD CORE A COUPLE OF THEM, LOOK AT THE RINGS.

BUT THEN TO DO THAT. YEAH, YEAH. PREFER TO NOT DO ANYTHING THAT MIGHT.

YEAH. DAMAGE THE TREE. I WOULD TOO. BUT YEAH, I DON'T.

THIS IS A BIT OUT OF MY AREA OF EXPERTISE AND WE'RE TALKING ABOUT LIKE, CAN YOU RETROACTIVELY LIKE, IS THERE A PRETTY IS IT PRETTY TO FIND LIKE THE [INAUDIBLE] TREE GROWS WHERE IT'S LIKE, OKAY,

[00:20:05]

IF A TREE WHAT IF A TREE WAS THREE INCHES? WE KNOW TWO YEARS PRIOR WHEN IT WAS PLANTED IT WAS PROBABLY 2.5IN.

LIKE, I DON'T KNOW. WELL, LIVE OAK IS GOING TO BE A LOT SLOWER GROWTH THAN A WATER OAK.

YOU KNOW, IT'S THE WAY I'VE ALWAYS BUT I GUESS THAT'S THE QUESTION FOR THE ARBORIST.

YEAH, RIGHT. YEAH. BUT YES, TO ANSWER YOUR QUESTION.

YEAH, WE'RE WE'RE GOOD WITH THAT AND FIGURE OUT, OKAY.

SO LET'S SAY. WELL JUST ONE COMMENT THOUGH I JUST WANT TO MAKE ON.

SO YOU, YOU TOOK OUT THE 24 AND THE TOTAL THAT WE'RE GOING, WHICH WAS 594 TOTAL CALIBRATED INCHES. AND YOU'RE GOING TO REPLACE THEM BACK WITH 596.5.

SO WE'RE STILL I MEAN, AS FAR AS I'M CONCERNED, WE'RE STILL REPLACING THEM WITH A LITTLE BIT OF HAIR MORE THAN WHAT WE TOOK OUT.

BUT THOSE CALIBER INCHES ARE ESPECIALLY FOR THE PHASE ONE, ARE GOING BY A MEASUREMENT THAT WAS TAKEN TWO YEARS AFTER THE TREE WAS PLANTED.

AND I UNDERSTAND SOMEBODY DROPPED THE BALL ON THAT.

I'M NOT SAYING WHO DROPPED THE BALL AND THAT WAS IT THE CITY'S PART OF THAT BLAME AS WELL AS AS THE BUILDERS.

SO I'M NOT SAYING THAT THAT'S ALL BACK ON THE BUILDER EITHER, BUT I'M.

I'M HAPPY IF. MR. HESTON HAS A. REPLACEMENT. I THINK AT THE END OF THE DAY, IF OUR PARKS DEPARTMENT AND THE DEVELOPER CAN COME TO A NUMBER THAT WORKS FOR BOTH OF THEM. I THINK WE WOULD REFER TO THEM AS THE EXPERTS IN THIS AREA.

I AGREE. I WOULD AGREE. LIVE OAKS DON'T GROW THAT FAST.

WE'RE NOT TALKING ABOUT MAYBE FIVE TREES TOTAL.

YEAH. YEAH. ALL RIGHT. SO YEAH, I JUST I DON'T I'M SURROUNDED BY LIVE OAKS, AND I KNOW THAT'S TRUE.

YEAH. DO YOU WANT TO MAKE A MOTION? YEAH. I'D LIKE TO SEE HOW WE HAVE BEEN PHRASING THIS.

I CAN MAKE THE MOTION IF YOU WANT. I THINK I CAN GET THERE.

SO WE WOULD I MOVE THAT WE RECOMMEND TO CITY COUNCIL THAT THEY APPROVE THE TREE SITE MITIGATION PLAN, ASSUMING THAT OR UPON AGREEMENT BETWEEN CITY STAFF AND YOUR.

THAT'S OUR ENTITY, WHICH AMBER GROUP. BUT THE ENTITY FOR THIS YES IS EMPTOR.

OKAY. UPON AGREEMENT BETWEEN CITY STAFF AND EMPTOR AS TO THE NUMBER OF ADDITIONAL TREES OR THE ADDITIONAL FEES REQUIRED TO MAKE UP FOR THE ISSUE WITH THE MEASUREMENT. OKAY. I HAVE A MOTION FROM.

DO YOU WANT TO CLEAN THAT UP HERE? I WELL I'M THINKING OF OTIS WHO HAS TO HAS TO HAVE A AND JUST JUST STATE THAT IT'D BE IN FULL COMPLIANCE WITH THE HERITAGE.

YEAH. BECAUSE WE WANT TO MAKE SURE THAT WHOLE INTERPRETATION FOLLOWS.

RIGHT. AND ONCE WE HAVE THAT MEETING HOPEFULLY ON MONDAY.

RIGHT. WE'LL CLARIFY WHAT THE TOUCH POINTS ARE.

AND DO YOU WANT DO YOU WANT TO MODIFY. SO I THINK MY MOTION TO AMEND THE MOTION WOULD BE TO STATE THAT WE REQUIRE THE APPLICANT TO RECALCULATE MITIGATION CREDITS BASED ON TREE CALIBER CALIPER MEASUREMENTS TAKEN AT THE TIME OF PLANTING, WITH INPUT FROM THE PARKS AND RECREATION DEPARTMENT AND CITY ENGINEER, SO THAT ANY DEFICIT CAN BE ADDRESSED THROUGH ADDITIONAL PLANTINGS OR FEE IN LIEU OF. SECOND. OKAY, I HAVE A MOTION BY, AMENDED MOTION BY COMMISSIONER TOWNSEND AND A SECOND BY COMMISSIONER HESTON.

IS THERE ANY FURTHER DISCUSSION? IF NOT ALL THOSE IN FAVOR OF THE MOTION INDICATE SO BY SAYING AYE.

AYE. OPPOSED, SAME SIGN. MOTION CARRIES. OKAY.

ITEM FOUR DISCUSSION AND POSSIBLE ACTION ON AN APPLICATION FOR TREE MITIGATION.

[4. Discussion and Possible Action on an application for Tree Mitigation Plan for the Freedom Park - Detention and Drainage Project, located south of FM 523 and north of Freedom Park.]

PLAN FOR THE FREEDOM PARK DETENTION AND DRAINAGE PROJECT LOCATED SOUTH OF FM 523 AND NORTH OF FREEDOM PARK.

MR. SPRIGGS.

BASICALLY, YOU HAVE A VERY SIMILAR CIRCUMSTANCE.

IF YOU SEE IN THE COVER, JUST GIVE ME A MOMENT TO ADJUST HERE, SIR.

I DON'T KNOW WHERE MY HEALTH IS TODAY.

[00:25:13]

FOR PAGE 50, FOR THE FOR THE LETTER, OR DO YOU WANT THE STAFF REPORT ON PAGE 48? I APOLOGIZE. YEAH. SO DO YOU HAVE BEFORE YOU THE TREE MITIGATION SUBMITTALS FOR THE DETENTION AND DRAINAGE PROJECT FOR FREEDOM PARK. AS YOU SEE HERE, THE APPLICANT HAS SUBMITTED THEIR PROPOSAL IN COMPLIANCE WITH THIS ONE.

AS YOU SEE HERE THERE'S A WHOLE DIFFERENT RATIONALE AS TO HOW THIS SHOULD HAVE BEEN APPLIED.

HOWEVER, THE APPLICANT IS REQUESTING HERE A DEVIATION FROM THE 3 TO 1 RATIO BEING THAT THIS IS A DETENTION POND PROJECT.

AS YOU SEE HERE, THIS RECOMMENDATION HAS TO GO BEFORE THE CITY COUNCIL.

BUT THAT DECISION NEEDS TO BE ADDRESSED IN TERMS OF THE RATIO TO BE IN FULL COMPLIANCE WITH THE TREATMENT PLAN.

STAFF HAS ALSO UPDATED THOSE CONCERNS OF THE PARKS AND REC.