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LPA05-13-09Min CITY OF I.OIV(TWOOI) Land Pllannin.g :Agency Minutes CITX COMMISSION ~~HAMBERS May 13,.2009 - 7:00 P.iVI. 175 W. Warren Avenue Longevood, F.L 32750 ATTENDANCE: BOARD: STAFF: :Bruce Noyes,, Chair Chris Kintner, Community Services Coordinator Johnnie Richardson, Vice Chair Jennifer I=[aa., Recording Secretary John Prince, Member Brian Fiore, Member 1. CAUL TO ORDER Chair Noyes called the meeting to order at 7:03 p.m. 2. APPROVAL OF T]fIE NIINLJTES FOR A. Regular Meeting Apri18, 2009 Chair Noyes moved to approve the h!pril 8, 2009 minutes. Seconded by Vice Chair Richardson acrd carried by a unanimous voice vote. 3. PUBLIC COMMENT There was no public comment. 4. PITBLIC HEARING Chair Noyes opened the public hearing... A. CPA 02-09 Off-Site Tree Mitigation Ordinance 09-1894. Chair Noyes moved to close the public hearing. Seconded by Vice Chair Richardson and carried by a uncrnirnous voice vote. Mr. Kintner discussed the changes to they tree ordinance as trees becoming an asset to the community and establishin a tree fund or account line. This would provide property owners, who cannot replace the trees they remove; the option of Land. Planning Agency, page 1, 05/13/2009 ~ payment into a tree fund instead. He said this would allow the City to place trees in the right of way, the Historic District, or the replacement of trees in needed areas. It also provides the opportunity to pursue a Tree City USA designation which would open up the chance for ne:w grant funding for similar types of projects. Chair Noyes questioned what dictates whether or not a person can utilize this tree fund. Mr. Kintner clarifed all requirements that: could not be met inch for inch would be able to use this fund. Also if the p:rop~erty owner only wanted to replace the minimum amount of trees allowable within the landscape buffers, they could pay into the tree fund as an alternative. Chair Noyes asked if this fund would replace the requirement to meet the minimum standards or does the developer or property owner have the option, when there is a situation of not enough space. Mr. Kintner explained that landscape buffer requirements had to be met but there could be a possibility for discrepancies on •what was removed and what was replaced. In this situation there will be the option where the same amount of trees can be placed on the property or a paymem: can be made to the tree fund. But the minimum requirements will still need to be met. ~ Chair Noyes questioned what would happen if the requirements eliminate the possibility of a tree. Mr. Kintner described language that could be added that would allow the City Administrator to step in and review any sai:ety concerns and give flexibility with waivers or exceptions. Vice Chair Richardson questioned if this is. applicable to the Historic District or the City as a whole. 1VIr. Kintner said this would apply to the: ci~'ry as a whole both the requirements and the tree fund. Those properties that are residing will be exempt from these requirements. Vice Chair Richardson pointed out the possible conflict with expenses and the inconvenience to property owners who ~NO~~ald have to locate certain types of trees. Member Fiore commented that a single farnily dwelling property owner is exempt but there is no exemption for common are~~s of home owner associations. Mr. Kintner will address and adjust the wording for this issue. ~ Land Planning Agency, pacle 2, 05/13/2009 Vice Chair Richardson asked what legal jurisdiction for home owners associations ~ does the City have and what responsibilities should they be in control of as far as this ordinance goes. Mr. Kintner said specifications under hc?m~; owner association agreements would justify jurisdictions but he would do additi~~nal research on common areas. Member Fiore commented that the mea:;ur~~ments seemed to be ambiguous. Mr. Kintner stated that standard measuring language requirements were used from multiple city ordinances. Member Fiore inquired that all trees that are subject.to the code are either three inches in diameter or greater but some of the fees start of at five inches. Mr. Kintner explained it was an oversight which will be corrected. Member Fiore asked what the funds can be: used for, planting new trees or enforces fees, and this does not describe: pf;rcentages or time limits in which the funds can be used. Mr. Kintner explained there will be a trf;e board established to handle these types of situations. This could also lead to thy; p~~ssibility of pursuing management or an arborist part time if necessary. Chair Noyes asked if these funds would be available for irrigation or certain types of utility projects. Mr. Kintner stated they could be used fqr a: unique case but would be difficult to work it into the ordinance. Member Prince requested under maintenance that only one quarter to one third of the tree crowning could be removed shauld be added as standard. Chair Noyes moved to recommend approval of CPA 02-09 by Ordinance 09-1894 to the City Commission. Seconded by Member Richardson and carried by a unanimous roll call vote. 5. DISC><JSSION AND SCIIEDULE FO:R 1?I.TTiJ]1tE AGENDA ITEMS Next Regular Scheduled Meeting is June ] 0, 2009 6. ADJ01U7[ZNMENT Chair Noyes moved to adjourn. ~Sec•onded by Vice Chair Richardson and carried by a unanimous voice vote. Land Planning Agency, pacle 3, 05/13/2009 ~ Chair Noyes adjourned the meeting at 7:38. Bruce Noyes, Chair - ATTEST: .1(e sica Pugh, Recording Se ary Land Planning Agency, pacie 4, 05/13/2009