File #: 17-631    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 7/14/2017 In control: City Commission
On agenda: 8/2/2017 Final action: 8/2/2017
Title: ORDINANCE NO.19-17: REPEALING SECTION 4.6.19, “TREE PRESERVATION, PROTECTION, ENFORCEMENT, AND MAINTENANCE” AND READOPTING SAME, AS REVISED IN ORDER TO PRESERVE, PROTECT, ENFORCE AND MAINTAIN TREES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF SECTION 4.6 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING)
Sponsors: Planning & Zoning Department
Attachments: 1. Tree Ordinance Board Item Backup-P&Z, 2. 2nd Reading - Tree Preservation Ord No. 19-17
TO: Mayor and Commissioners
FROM: Timothy R. Stillings, Director of Planning, Zoning & Building
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: August 2, 2017

Title
ORDINANCE NO.19-17: REPEALING SECTION 4.6.19, “TREE PRESERVATION, PROTECTION, ENFORCEMENT, AND MAINTENANCE” AND READOPTING SAME, AS REVISED IN ORDER TO PRESERVE, PROTECT, ENFORCE AND MAINTAIN TREES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF SECTION 4.6 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING)

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Recommended Action:
Recommendation
Motion to Approve Ordinance No. 19-17 on second reading .

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Background:
The amendments to the LDRs are City-initiated to address the concerns raised about the removal and replacement of trees in the community. The proposed amendments to the LDRs are as follows:

· Throughout Section 4.6.19, an emphasis is placed on applying this code to all trees greater than four (4) inch Diameter at Breast Height (DBH). The current code emphasized protection from four (4) inch to twelve (12) inch DBH and above twenty-four (24) inch DBH. Note: Corrections were made throughout the document to change “caliper” to “DBH”. Caliper is used for nursery trees and DBH is for trees that exist on a property.

· Throughout the document, an emphasis is placed on, first and foremost, preserving in place trees greater than four (4) inch DBH. Second priority is for re-locating trees on-site. Third priority is for locating trees off-site, to a location agreed upon by the City. Last option is for mitigation for tree removal.

· Under LDR Section 4.6.19(D), a better description is proposed for palm replacements (equal to overall height).

· Under LDR Section 4.6.19(D)(2), examples are given for “flexible site design options” to allow for preservation of trees through the plan review process.

· Under...

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