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Manor planning commission recommends removal of two heritage trees, asks council to set fee-in-lieu

City of Manor Planning and Zoning Commission · November 13, 2024
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Summary

The Planning and Zoning Commission recommended that City Council allow removal of two heritage trees at the Boyce mixed-use site and require the developer to pay a fee-in-lieu, after debate about tree health, parking impacts and mitigation. The recommendation passed 4–1; council will set the fee.

The City of Manor Planning and Zoning Commission recommended on Nov. 13 that City Council allow removal of two heritage trees at a proposed mixed-use development on West Boyce Street and set a fee-in-lieu to offset the loss.

Bo Yin, representing the project team, told the commission the two trees (identified in the backup as tree numbers 89 and 90) exceed the city’s 25-inch heritage threshold and “need to be removed for the development of the mixed-use, three‑story buildings.” He said the trees’ locations would block internal parking and building placement for the planned retail on the first floor and residential units above. “It is blocking the parking lot,” Bo Yin said when describing the effect of tree 89 on the site layout.

Staff and the assistant city attorney clarified the commission’s role and the council’s authority. Assistant City Attorney Veronica Rivera told commissioners that council would set any fee-in-lieu and that the commission’s action is a recommendation; she also noted there is no requirement to abstain from approving past minutes if a commissioner missed an earlier meeting.

Commissioners split over preservation and practicality. One commissioner emphasized the city’s long-standing Tree City designation and questioned whether smaller replacement plantings could match the canopy and environmental benefits of a mature heritage tree, saying, “for every one large heritage tree, you would need 40 of these smaller trees to make as much oxygen,” and expressing reluctance to approve removal. Other commissioners said the trees are multi‑trunked and in poor condition, and that retaining them would make the project impracticable, potentially halting a development the city previously supported via a development agreement.

After an initial motion to approve removal of tree 89 and preserve tree 90 failed, Commissioner Meyer moved to recommend removal of both heritage trees and to require that the developer pay a fee in lieu to be set by City Council. Commissioners Meyer and Terry—who both said they were conflicted but ultimately supported the motion—argued that the trees are not prime specimens and that the development will include planned infrastructure upgrades; Commissioner Meyer noted replacement caliper inches required by the ordinance and the potential to plant replacement trees in future city trail projects. The amended motion passed 4–1, with Commissioner Pies opposed.

The commission’s action is a recommendation only; the final decision on the removals and any fee amount will be made by Manor City Council. If council accepts the recommendation, it will decide whether to require plantings, a fee in lieu, or a combination of both and will set the monetary amount at that hearing.

The commission’s packet identified the project as a roughly $12,200,000 development with additional estimated local employee income of about $2,200,000, and backup materials labeled the trees by number and caliper. The record shows staff will require an arborist verification if a tree is claimed to be in poor health before removal without mitigation.