P & Z 05/08/2019 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes May 8, 2019 Page 6 Tenth Item of Business: LPA 19.08: Single -Family Tree Removal Continued. 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 May 8, 2019, to the City of Casselberry Planning and Zoning Commission. Ms. Hanna stated this item was continued from the April 10, 2019 Planning and Zoning Commission meeting. Ms. Hanna said staff requests that the Planning and Zoning Commission recommend approval of LPA 19-08 and hereby amend the City of Casselberry Unified Land Development Regulations, Section 3-14.3, Permit required for removal, to eliminate the tree permit exemption language for single-family dwellings and duplexes. A discussion ensued regarding how House Bill 1159 would influence the elimination of the tree removal permit exemption (a copy is attached and made a part of the minutes). A discussion ensued regarding the City's current Code regarding tree removal, the current state of the City's tree canopy, tree size for replacement, and financial impact if the tree removal fee is waived. Mr. Henson asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Mr. Rick Casselberry, P.O. Box 180595, Casselberry, Florida came forward to speak against the change to the City Code. Mr. Casselberry felt that the change to the Code would affect private property rights. In response to the Commission's question, Ms. Hanna said she has discussed House Bill 1159 with the City Attorney and it was determined that a modification to Section 3-14.3 A.1 would need to be made. The change to that section would read "Public protection. Trees which pose an immediate and direct threat to persons or property may be given verbal authorization by staff and a written p ." After a brief discussion regarding property owner rights, Mr. Henson asked for a motion to address LPA 19- 08. Mr. Hale made a motion that the Planning and Zoning Commission recommend approval of LPA 19-08 and hereby amend the City of Casselberry Unified Land Development Regulations, Section 3-14.3, Permit required for removal to remove the tree permit exemption language for single-family dwellings and duplexes including Attachments A — C as presented. Ms. Campbell seconded the motion. The motion passed with a majority vote with Mr. Henson and Mr. Bakalla casting the dissenting votes. Eleventh Item of Business: Public Comments.