Fort Walton Beach Council agenda — 2-25-14--regular — reading text

Currently, any protected trees that are removed from a site must be replaced on the site on an inch -for -inch basis. There are no exceptions for this requirement, or otherwise any flexibility regarding protected tree removal and replacement. 2. 3. In some cases, it is not feasible or practical to replace the same amount of trees that were removed on a site. This problem is more common in areas where the zoning district promotes higher densities. These districts typically allow greater lot coverage which exacerbates the problem. 2. 4. The intent of the Tree Protection section of the Land Development Code is to ensure no net loss of tree cover in the City. 2. 5. Therefore, an alternative to replacing every tree on the same site is to make available a tree bank ", which allows removed trees to be replaced at other designated sites in the City. 2. 6. In the proposed ordinance, the Developer may choose to replace the trees on an alternate site pre- approved by the City. When another suitable location is not available the Developer may elect to pay an appropriate replacement fee for each tree into a " tree bank" established for this purpose. 2. 7. Money paid into the tree bank will be set aside and used only for tree plantings on suitable locations as they become available. 3. FINANCIAL INFORMATION: 3. 1. The funds deposited into the tree bank will be segregated from other City funds until DOC ID: 2711 A Page 1  ORDINANCE 1888 needed. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council approval of Ordinance No. 1888 to amend the Tree Protection Standards section of the Land Development Code. HISTORY: 02/ 06/ 14 Local Planning Agency RECOMMENDED 02/ 11/ 14 City Council FIRST READING Next: 02/ 25/ 14 The City Attorney read Ord. 1888 by title on first reading. Stella Wilson, Planning Manager, explained that as part of the ongoing evaluation of the Land Development Code ( LDC) Staff continues to identify areas of improvement based on ease of implementation, clarity, and effectiveness to date. As part of this evaluation, Staff has added language to the requirements for tree protection to include offering the developer the opportunity to replace the trees on an alternate site pre - approved by the City, or pay an appropriate replacement fee for each tree into a " tree bank" established for this purpose. This choice will be made available to a developer when it is not feasible or practical to replace the same amount of trees that were removed on a site. Ms. Wilson advised the LPA recommended approval at their meeting of February 6, and Staff is also recommending approval. Mr. Rigdon moved to adopt Ord. 1888 on first reading. Mr. Griggs seconded motion and it carried unanimously. RESULT: RECOMMENDED [ UNANIMOUS] MOVER: Allan Stearns SECONDER: Sam Kinkaid AYES: Stearns, Moran, Panzenhagen, Kinkaid, Covey ABSENT: James Schultheis SIGNATURE BLOCK: Stella Wilson Completed 01/ 23/ 2014 2: 33 PM Tim Bolduc Completed 01/ 23/ 2014 10: 30 PM Finance Completed 01/ 24/ 2014 7: 39 AM City Manager Completed 01/ 31/ 2014 1: 39 PM Local Planning Agency Completed 02/ 10/ 2014 11: 20 AM  ORDINANCE 1888 Carole Jones Skipped 02/ 11/ 2014 8: 55 AM Completed 02/ 13/ 2014 2: 41 PM City Council Pam FQ . 119;  ORDINANCE 1888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 4, DEVELOPMENT STANDARDS, OF THE LAND DEVELOPMENT CODE TO AMEND THE TREE PROTECTION STANDARDS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166.021, 163. 3202, and other provisions of the Florida Statutes and section 2 of the City Charter. Section 2. Amendment of Section 4. 08. 04, Requirements for Trees and Tree Protection Section 4. 08. 04, Trees and Tree Protection is hereby amended as follows: 4. 08. 04 Requirements for Trees and Tree Protection A. Preservation of protected trees 1. The trees listed in Table 4. 08. 04. A are protected in the sizes indicated. Table 4. 08. 04.A. Protected Trees. Small, Medium, Large ( canopy or shade) 4 inches dbh + 6 inches dbh + 8 inches dbh + Dogwood ( Corpus Eastern Red Cedar Live Oak ( Quercus virginiana) orida ) Juni eras vir iniana Redbud ( Cercis Southern Red Cedar Sweet Gum ( Liquidambar styraciflus) canadensis) Jun i erus silicola) Red Maple (Acer Southern Magnolia Sycamore ( Platanus occidentalis) rubrum) Magnolia grandiflora) Willow Oak ( Quercus Pecan ( Cargo illinoensis) hellos Water Oak uercus ni ra Red Oak uercus alcuta White Oak ( uercus alba) Shumard Oak ( Quercus shumardii) 2. Removal of any protected tree shall require a tree removal and replacement permit local development permit). Procedures for local development permits are set forth in Chapter 9. 3. Protected trees removed for any purpose shall be replaced on an inch -for -inch basis, measured as diameter at breast height ( dbh). 4. The applicant may elect to replace the trees at a preapproved off -site location or pay into the Tree Mitigation Fund if it is demonstrated to the Development Administrator that the site cannot accommodate the total number of replacement The trees required by this section as a result of insufficient planting area.  ORDINANCE 1888 replacement value and payment into the Tree Mitigation Fund will be established in the Comprehensive Fee Schedule. Trees for replacement shall be native and selected from a list of trees for reforestation from the Institute of Food and Agricultural Sciences, University of Florida. 6. The design of any required perimeter or interior landscaping or buffers shall include preservation of protected trees on the development site to the maximum extent possible. B. Reduction of required parking spaces for tree protection The required number of parking spaces may be reduced when such reduction results in the preservation of a protected tree at least eight ( 8) inches dbh. Table 4. 08. 04.0 provides the allowable reduction in required spaces. When the calculation results in a fraction of a parking space, the number of spaces shall be rounded up to the next whole number. Table 4.08. 04.B. Parking Reduction for Tree Protection. Number of Required Maximum Spaces to be Reduced Parking Spaces 1- 9 0 10- 19 1 20 or more 10% of the total requirement, not to exceed 10 spaces C. During development activity, preserved trees shall be protected from activities which may injure or kill them. Tree protection techniques found in the Urban Forestry Manual, Southern Group of State Foresters and USDA Forest Service, Southern Region, or equivalent techniques, shall be used. D. Trees shall be maintained or removed as follows: Dead, damaged, or diseased trees are prohibited. The Development dying, Administrator may make a determination that a tree is in danger of falling upon an adjacent lot or street due to death, disease, or damage, including damage caused by weather conditions, which shall be considered prima facie evidence of a violation. Section 3. Findings The City Council of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on February 6, 2014. The City Council of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. Section 4. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor.  ORDINANCE 1888 Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney Additions are underlined; deletions afe *" ekef RESULT: RECOMMENDED [ UNANIMOUS] MOVER: Allan Stearns SECONDER: Sam Kinkaid AYES: Stearns, Moran, Panzenhagen, Kinkaid, Covey ABSENT: James Schultheis  City Council of Fort Walton Beach CITY CLERK MEMORANDUM To: Michael D. Beedie, City Manager From: Helen Spencer, City Clerk Date: February 25, 2014 Subject: Local Planning Agency Appointment 1. BACKGROUND: 1. 1. The Local Planning Agency ( LPA) consists of seven ( 7) members and two ( 2) alternates per Section 1. 06. 02 of the revised Land Development Code. Alternates participate in meetings but are not voting members except in the absence of a regular member. 1. 2. The Local Planning Agency acts in an advisory capacity to the City Council on issues regarding the