P & Z 04/10/2019 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes April 10, 2019 Page 4 southeast corner of Oxford Road and State Road 436 based on the findings of fact and conclusions of the staff report dated April 10, 2019, and the two (2) findings regarding the proposed change to the Future Land Use Map outlined in the staff report including the proposed ordinance as Attachment A. Mr. Tizzio seconded the motion. The motion passed unanimously by voice vote. Sixth Item of Business: LPA 19.08: Single -Family Tree Removal. An ordinance to amend Section 3-14.3 removing the tree removal permit exemption for single-family dwellings and duplexes. Ms. Emily Hanna, Development Services Manager, reviewed the information provided in her memorandum dated April 10, 2019 to the City of Casselberry Planning and Zoning Commission. Ms. Hanna said staff request the Planning and Zoning Commission recommend approval of LPA 19-08 and amend the City of Casselberry Unified Land Development Regulations, Section 3-14.3, to remove the tree permit exemption language for single-family dwellings and duplexes. In response to the Commission's question regarding grandfathering existing single-family dwellings and duplexes, Ms. Hanna stated that the City is not allowed to go back after the fact and require property owners to meet this requirement. She said this requirement would pertain to tree removal after the adoption of the ordinance. Ms. Hanna explained that the ordinance provides an effective date of 30 days after adoption to allow staff time to market the change that single-family dwellings/duplexes require a permit for tree removal. A brief discussion ensued regarding the $15 tree removal permit fee, demonstration of necessity to take away existing property rights, and protecting the City's tree canopy. In response to the Commission's question regarding who determines the "reasonable consideration in attempting to avoid the loss of trees", Ms. Hanna explained that portion of the ordinance deals with the development of single-family dwellings, duplexes and commercial businesses. She said it has to be demonstrated to staff that they have tried to locate the building footprint - trees under the building footprint are exempt from mitigation. She said there are some redundancies and conflicts in the Code. Ms. Hanna explained that staff had presented tree code changes a few years ago and the exemption for single-family dwellings was struck from the ordinance. She said it was difficult for staff to adhere to Section 3-13.7 ensuring the minimum tree requirement is met. Ms. Hanna said that the City is running out of right-of-way in which to plant trees with the funds from the tree bank fund.