P & Z 09/11/2019 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes September 11, 2019 Page 7 Mr. Henson asked for a motion to address SPR 19-07. Mr. Hale made a motion that the Planning and Zoning Commission approve the major site plan modification for the Legacy Place Townhomes (SPR 19-07) based on the findings of fact and conclusions of the staff report dated September 11, 2019, and subject to the five (5) conditions outlined in the staff report including Attachments A — G. Ms. Campbell seconded the motion. The motion passed unanimously by voice vote. Seventh Item of Business: LPA 19-14: Amending Section 3.14.3 Tree Protection. An ordinance amending language in Section 3-14.3 to be consistent with Florida Statutes 163.045. Mr. Dean Fathelbab, Planner II, reviewed the information provided in staffs memorandum dated September 11, 2019 to the City of Casselberry Planning and Zoning Commission. Mr. Fathelbab said staff requests that the Planning and Zoning Commission recommend approval of LPA 19-14 and hereby amend the City of Casselberry Unified Land Development Regulations, Section 3-14.3, Permit required for removal to amend language to be consistent with Florida Statute 163.045 including the two (2) attachments. A brief discussion ensued regarding the Florida Statutes preempting the City Code and that the City Code cannot be more restrictive than the Florida Statutes. In response to the Commission's question, Mr. Fathelbab explained if there is documentation from a certified arborist or landscape professional that a tree is hazardous, the City would issue a verbal approval to remove a tree and issue a permit after the fact. Mr. Fathelbab explained that private property located within a Homeowners Association with an approved landscape plan, would be exempt from tree permitting and mitigation under the Florida Statute if the appropriate documentation has been obtained. He said if the Homeowners Association is removing a tree in the common area, a permit and mitigation are required. A general discussion ensued regarding obtaining the documentation required to determine if a tree is considered hazardous, elimination of the tree replacement requirement, City Code compliance with the Florida Statutes, and current City Code requirements for trees. Mr. Henson asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. No one came forward.