Lake Jackson planners direct staff to draft clearer landscaping rules for small infill lots and preserved trees

2085111 · January 7, 2025

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Summary

Planning commissioners instructed staff to allow limited double-counting of screening trees for sites two acres or smaller and asked staff to propose ordinance amendments clarifying which previously planted trees qualify as preserved/protected based on species, size and health.

The City of Lake Jackson Planning Commission directed staff to prepare ordinance amendments clarifying two landscaping issues: (1) whether perimeter/screening trees may be counted toward area-based tree requirements (commonly called “double-dipping”), and (2) whether previously planted or transplanted, established trees may be treated as protected trees eligible for preservation credits.

Staff described recurring difficulties on small infill parcels where a strict reading of the code requires separate tree counts for screening and for area-based landscape requirements. That approach can produce large nominal tree totals for very small sites — site plans with extensive perimeter screening may still be required to provide additional interior tree plantings by the ordinance’s area calculations, creating what staff and some architects call impractical outcomes on small lots.

Planning staff recommended, and the commission agreed for interim guidance, that developments two acres or smaller be allowed to apply screening trees toward the area tree calculation (i.e., limited double-dipping) to keep small-lot projects feasible at the permitting stage. The commission asked staff to return with a formal ordinance amendment that would implement clear, uniform criteria.

The commission also directed staff and the city attorney to draft a revision to the “protected tree” definition. Staff noted that many transplanted trees planted years earlier on developed parcels have grown to sizes that meet the ordinance’s caliper thresholds, and landscape architects have requested credit for those trees. Commissioners asked staff to propose objective criteria — minimum trunk diameters by species, and a health assessment standard — so staff can consistently determine credit eligibility rather than treating such cases as ad hoc exceptions.

Staff commitments and next steps - Staff will prepare an ordinance amendment to (a) set interim guidance for two-acre-or-smaller lots to allow screened trees to count toward area calculations, and (b) rewrite the protected-tree definition to permit credit for previously planted trees that meet objective species, size and health criteria. Staff said it will work with the city attorney on ordinance language and return with proposed revisions and a recommended process. Commissioners asked staff to include a species list and minimum-diameter table to guide determinations. - The commission asked that, for now, planning staff (Sal) exercise discretion on smaller lots while staff prepares formal ordinance language; larger sites (greater than two acres) should continue to be held to the separate screening and area-tree counts unless commission approval is requested.

Why it matters The change addresses a practical permitting bottleneck. Under the current interpretation, infill and small-lot redevelopment projects must meet both perimeter screening counts and area-tree requirements independently; that can force landscape designers to place trees in very small, inhospitable pockets where they do not survive. Allowing limited double-crediting on parcels two acres or smaller aims to reduce repetitive replanting and streamline review while preserving screening intent.

Staff said the proposed amendment will include objective metrics: minimum trunk diameters by species ranges and a health/condition standard — for example, requiring trees proposed as preserved to be structurally sound and not leaning or otherwise compromised. Commissioners asked staff to present a recommended species-size table and a mechanism for verifying tree health prior to granting credit.

Speakers emphasized process and equity Commissioners and staff emphasized that the intent is not to relax long-term canopy goals for large developments but to produce a pragmatic approach for infill and smaller projects. Staff described past practice where reviewers at times informally allowed double-counting; the ordinance amendment would codify consistent criteria so that landscape architects and applicants understand upfront what will be accepted.

Speakers requested that proposed ordinance language be returned to the commission after review by the city attorney and recommended that staff coordinate with building and engineering divisions to ensure the approach aligns with drainage and other standards.

Ending Staff will draft revisions to the landscape sections of the zoning code and a protected-tree definition tied to species, diameter thresholds and health standards, and will present those changes at a future commission meeting after legal review.