P34 tree preservation and replacement Land Development Code

1:21:47five O T thirty four.

1:21:51P 34, we have proof of publication in the Tampa Bay Times January 28, 2026, or the February 17th Board of County Commissioners meeting where it was continued to today.

1:22:07Item uh P34 is PD 26004. This is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code, amending section 802, tree preservation and replacement, section 802.1, intent and purpose, section 802.2 applicability, renaming section 802.3, tree removal to exemptions. Uh creating section 802.4 tree canopy standards, section 802.5 tree removal, section 802.6 problem trees,

1:22:38section 802.7 tree replacement and mitigation, section 802.8 tree protection requirements, section 802.9 trees of special significance, appendix A definitions, and other sections as necessary for internal consistency, providing for applicability repealer, providing for servability and Into the land development code and an effective date. There is a presentation for the board on this item, which will be presented by uh Amanda Hill, Principal Planner with the Planning Services Division. The recommendation here is to accept

1:23:08the public comment, adopt the proposed land development code amendment, and ordinance by roll call vote. Also, R30 on the agenda was to be heard together with P34. Would the board want the presentation on the resolution first or on the Land Development Code amendments first? We

1:23:22need to adopt the ordinance first and then take up the resolution.

1:23:26Very good.

1:23:28Sure. Commissioner Weightman. Thank you. Uh Mr. Goldstein, this is what we discussed earlier, this is not what we offer.

1:23:40So I think

1:23:43I think the commissioner's concern was whether the It was about the cap. Correct. Yeah. Whether that would adequately protect heritage trees.

1:23:57Correct. Okay. Um and I have discussed your proposal with staff. Um I don't know if staff has prepared language to address it or not. Have you?

1:24:06Not directly. We were waiting further board discussion and direction on the matter.

1:24:11Okay. Well we'll have a presentation and then we'll get into it. Yeah, I

1:24:14can

1:24:14we have pressure as a presentation. We can discuss it some more. Okay, thank you. Yeah.

1:24:19Drafting Commissioner is Amanda Hill, Plan Development and Economic Growth.

1:24:25So the purpose of this amendment is to conduct a comprehensive update to Section 802, as you know, tree preservation and replacement of the LDC to enhance tree protection within the county as directed by the board. The adoption of these proposed amendments will set the effective date of the new contribution rates for the tree mitigation fund as approved by the board.

1:24:46So during our public hearing on January 6th, the board directed staff to remove the previous references to the contribution rate in the Land Development Code. These have since been removed, and the contribution rates will be exclusively referenced in the resolution for the tree mitigation fund. There is also a walk-on edit from staff for section 802.4b6. to close a potential loophole for eligibility for the preservation incentives. And before I continue, I

1:25:17was remiss in not mentioning that the public comments were received after the agenda was published for today's meeting and these have been sent over to the clerk's office for the file of record. Just noting it for the record.

1:25:30So there are a couple other items that were discussed by the board at the January 6th meeting, and I'm gonna run through those um in terms of the additional items for discussion and research as requested by the board.

1:25:45Uh staff was asked to further consider how the code might provide relief for commercial developments that are not exempted from the canopy preservation requirements. So commercial development seeking regulatory relief would be able to request an alternative standard. in accordance with the existing provisions allowed by section four seven point five of the code, and these alternative standards would also be applicable to non commercial developments.

1:26:12Per the board's request, we looked at trees and stormwater ponds and how the code speaks to that. So for ponds that are visible from the right-of-way, trees are required to be installed at a rate of one shade tree per 50 linear feet. and in the case that they're not visible from the right of weight, they are not required. To further address shade trees and nutrient pollution in canals, language has been included in the amendment that further clarifies when palm trees may be substituted when replacing shade trees.

1:26:43Mr. Starkey.

1:26:43I just thought about this. So what kind of tree needs to be spaced fifty apart? Is it a tree with a certain size canopy or an HP?

1:26:54A shade tree.

1:26:55But if it's not a shade tree with the canopy. Then should they be closer?

1:27:01Potentially, but the code doesn't speak to that. It specifies one shade tree per fifty linear feet.

1:27:08Yes, we are.

1:27:09So I'm wondering if we should restrict make that I mean I I I see that for a live oak. But if you're putting in Palm trees. Well palm trees supposed to be three to one, so I want to make sure that that's here. But if we're putting in a cypress tree or what are those trees that are Italian kind of they go straight up?

1:27:30Italian Cypress.

1:27:31Italian Cypress. Does that count? You put one every fifty feet? That would look really stupid. So we need to put some kind of language that it Has to do with the size of the canopy.

1:27:44But I think they're saying that they wouldn't be classified as canopy trees so they wouldn't qualify. But I'll let Patrick answer that question.

1:27:53And and aren't aren't palm trees three to one? 'Cause you didn't say that in your statement. Right there. The right three palm trees grouped together for one shape. Yeah. But I think we need to be

1:28:07Here. Careful. Maybe you have a definition of a shape versus a tree.

1:28:13So uh you you raise a fair point. Um so right now our code now the this is eight oh two. Um nine oh five two landscaping buffering talks I'm sorry, Patrick Dutter, development review first. Um nine oh five two talks about new development and what you need to do for new development. That's where it talks about the rate of trees along the pond. Right now You're correct, it vaguely just says trees. It's not specific. Now we are going to have hopefully code adjustment language to you soon to propose requiring street trees and residential

1:28:43subdivisions, along with some additional tweaks and changes we're gonna be making. I'll include that with the nine oh five two changes to be specific about I was already planning on making tweaks to the pond trees because right now it's one per fifty linear feet, but It really sh it should uh allow some variety, so you're not planting one every fifty feet. That's gonna look a little odd. So to allow them to group them to make it look a little more natural. Um that's gonna be a part of our adjustments that I'm gonna be bringing to you hopefully in a few months for the nine and five two changes. Is

1:29:11fifty feet the right spacing?

1:29:14Well when I bring that uh change from nine oh five two to you and hopefully in a few months we can further discuss if it if we want something a little bit different than one to fifty.

1:29:23Because lots of content ends up being one.

1:29:26I'm sorry?

1:29:26And then it c it can end up being one Italian cypress tree

1:29:31perfectly. If you want to give me a a suggestion now, I I can

1:29:36So yes, so the section we are amending is preservation and replacement. Correct. The commissioner is talking about the landscaping section.

1:29:45Which is nine of correct.

1:29:49Yes.

1:29:50And maybe staff needs to do a little research to see what Sarasota.

1:29:53We'll

1:29:54do that. You know, and other counties.

1:29:56Absolutely.

1:30:01Alrighty. So um the board asked for additional details regarding the age of mature uh heritage trees. So live oaks and southern magnolias commonly live in excess of 100 years, and this is one of the reasons why those species were selected as heritage trees because of their long-term resilience.

1:30:22The Board also requested staff to investigate current provisions for irrigation in the code. So section 905.4 includes a description of the types of systems, system specifications, A requirement for design and installation to meet Florida Irrigation Society standards unless superseded by the code. A requirement to submit an irrigation site plan at the time that the construction plan is submitted, or building permit if the site development has been completed. And I also included here the applicability of that section of the code as well as some of the exemptions

1:30:53that are currently there.

1:30:57And those were all the changes that we have made to this section of the code for our previous discussion on January 6th. So as previously mentioned, this item comes to you with a recommendation for approval.

1:31:11Okay. Any questions for staff?

1:31:16Does the public wanna come forward to speak on this We're gonna hear the we're gonna hear the next item after it,

1:31:21but

1:31:21we'll come come back to if we

1:31:23have three signed up for this. Okay. Julia Kartuvich.

1:31:37Uh Julia Bartanick at [address removed]. Um first I'd like to thank Kathryn for initiating uh this tree ordinance strengthening after the public outcry of Newport Corners development adjacent to our river. Thank you to Pasco County Planning Amanda Hill and David Engel for their hard work to include preservation and incentivization to preserve

1:32:08trees. Hopefully we will get more resiliently sustainable projects. Firstly, we do not want minor rural subdivisions to be exempt from canopy preservation standards. Due to state preemptions and exemption loopholes in what is a stronger ordinance than we had before, we are requesting an increase to thirty percent canopy preservation similar to Latchua County. This can be amended right here today.

1:32:38Due to the fact that the state preemption exemptions weaken the twenty percent canopy preservation standards, we need to increase that to thirty percent. We also wanted the statement under bona fide Ag Land Section. Tree removal under this exemption shall be limited to the minimum extent necessary for active agricultural production and shall not include clearing conducted primarily

1:33:08in anticipation of development of land speculation. or all of this. Tree removal under bona fide Agricultural exemption shall only be permitted when the property owner demonstrates active agricultural use of the land. Documentation shall include at least one of the following. Current agricultural classification pursuant to Section one nine three Four six one Florida statutes, the

1:33:39county administrator or designee me. Deny use of this exemption if evidence indicate the property is not actively engaged in legitimate agricultural production. Yes, in the ordinance there is a five-year hold until developments. permitted on ag land, but that length of time is a blink of an eye for an investor. Thank you so much. I would like to submit uh this for public record please um with the Change dot org

1:34:09petition for thirty percent canopy preservation. Thank you.

1:34:14Moved received and file. Second. All in favor say aye. Aye. Aye.

1:34:26Who's next? Nancy Hazelwood.

1:34:32Wow.

1:34:42Since you said my name, can I just say [address removed]?

1:34:47Do you you know where you are? We should get you a name tag.

1:34:50Yeah. Okay. Hello y'all from the North East Rural area. High new staff has been working diligently on the tree ornaments thank you for your time and dedication.

1:35:06Uh and I heard that you got a lot of communication on this tree ordinance. We all are involved. Uh this is an important subject and there's a lot of pens up here. And um the people of Pasco have been upset with all the clear cutting across the county. I was surprised that the county didn't set up meetings for non stakeholder citizens. Um one for each district would have been great. So we

1:35:37had input right at the beginning to help write the ordinance. We used to do things like that, Mr Mariano, you remember? Yeah. On the topic of saving twenty percent of the trees, this means to me that the Commission is willing to let go of seventy or eighty percent of the trees in Pasco County. The trees in Pasco County are our natural resources and our water supply. And here's the question.

1:36:08Can a child live with only twenty or thirty percent of his body? I don't think the trees can either.

1:36:17So um you can't expect our natural resources to survive what is needed, the flooding and our water resources. So let's move on to exemptions. The minor rural subdivision is a problem. These are exemptions that will impact immense areas of the county. And here's um an ordinance that says that

1:36:47We can get along with destroying up to a hundred percent of our natural resources since you're exempting 'em. Remember that this is all tied together. Commercial exemptions are also a problem. Five acres or less. All the trees cut, and I understand that you've got uh a uh landscaping ordinance, but I'm not seeing that as being much of a help with hot asphalt. In our in areas So

1:37:19we don't wanna make more asphalt parking lots with no trees in 'em. If you could somehow make sure that they do a bit better. So why can't Pasco craft laws on the impact of growth and development is having on our county so we we the non stakeholders have more water and natural resources like What's what's that development going to do to the natural resources around it? What's

1:37:49the commercial going to do to the natural resources around? Do you already have enough of that there? Is what I'm asking. Thank you all for your attention.

1:37:59Christy Zimmer.

1:38:05Good afternoon. Christy Zimmer, [address removed]. Thank you for finally doing something about getting a tree ordinance in place. However, it's not enough. It really isn't. When we're looking at when I did the math and I did it real basic so I could get my head around it. If I have a piece of property and I have forty trees on it and they're all ten inches each and I have to save twenty percent of those trees, that's only eight trees out of forty. That's not enough. That's not enough. Where is our oxygen

1:38:35gonna come from from our children? If you haven't seen the movie Wally, you need to take some time and watch that movie. It's very real and today's decision will impact the future of our children big time. Um you can't let the minor rules subdivisions be exempt. That'll be taken advantage of by the developers, and you know it. Let me tell you a little story about the old, old oak trees. My Tech, your lovely still plant, down in Zephyrhills pulled out a one of the

1:39:05really old oak trees. I was told by the neighbors that it was over a hundred years old, and when they did, they hit a spring. And when they hit that spring the water started flowing and it was beautiful and crystal clear and they sent me lots of pictures. They then had to dig canals in three more retention ponds, which were not part of their permit. to contain the water until they could get the big boulders to drop into the hole to slow down the water. Well Pasco County doesn't do a whole lot when it

1:39:36comes to code enforcement. I'm not real impressed with the problems that we've seen. But I went ahead and called Swift Mud and I filed a report and they said, Yeah, that's a problem. Then I get a call the very next day from a code officer in Zephyrhills asking me, Do I have a problem? Yeah, well I might. What? And he said, With the still mill plant, and I said yes. So I told him the story, and he said, Well, yeah, that is a problem. And Swift Mud told me they were not permitted for three retention ponds, so they had to go back and fill them

1:40:06in. What happened to them? Absolutely nothing. They didn't even get a slap on the hand. They got six million dollars worth of tax abatements as an incentive. Nobody has done anything about this tree and the damage that it's caused and what they've done to impact that hole with the aquifer. Think about what you're doing. Please protect these old old trees. Don't let them pull them out as part of this. Let

1:40:36the old old oak trees be part of the exempt that they can't touch. Let's do that. We have to find a way to control this development and well we say all the time they uh they're allowed to do what they want with their land. Here's an opportunity for you to put some tight restrictions on these developers to slow this mess down. Let's not make it 20%. Let's make it 30, 40, 50% of the trees have to remain. I did a development in Odessa. It was a hundred-acre tract of land. I could have had 47

1:41:06homes in there. It had 40% wetlands. I only built 17 home sites. Good development can be done. Let's focus on that. Please save our trees.

1:41:19That's all who have signed up in advance. Okay.

1:41:22Anyone else in the audience like to speak to this item? Come forward please. Does anyone else please line up behind her?

1:41:33Hi, my name is Kathy Julian. I Oh my gosh.

1:41:39I never have my ringer on. I live a Where do I live? [address removed]. Um In 2022, the county created the Swope MPUD on the south side of State Road 52 between Aaron Cutoff and Bellamy Brothers Boulevard. The MPUD has approved maximum zoning entitlements for up to nine hundred and fifty three single family homes, 119 townhomes, sixty apart six hundred apartment units, and 120,000 square feet of commercial on approximately four hundred and

1:42:09ninety-three acres. The build-out complete year noted in the approval was twenty thirty. In twenty twenty four the county created the Coca-Locus West MPUD, which is on the west boundary of the Swope MPUD. This MPUD has a maximum zoning entitlements for up to 155 single-family homes, 67 townhomes, and six 168,000 square feet of support commercial and 120,000 square feet of corporate business park, target industry, light industry, and associated infrastructure. In late twenty

1:42:39in late February of this year, the developer, Lenar, submitted a mass grading site for part of this project with the within the Coca-Lakas West MPUD, which will clear some areas and add various stormwater systems such as a pond in anticipation of future building. This includes the removal of two thousand four hundred and five trees, totalling thirty-seven thousand five hundred and eighty-three caliber inches. The project requires fifteen thousand eight hundred and twenty-one caliper inches of replacement trees Um Because the site cannot accommodate all the replacement trees, a

1:43:10fee of $111,000 is calculated. Where do these funds go? W how do where do we replant these tri trees? How does the public understand what's going on? 'Cause all we see is I drive down fifty two all the time and all I see is the beautiful areas that used to be there no longer are beautiful. They're ugly mud and they all have campaign not campaign, they all have uh developer signs on him. correlate with uh elected officials campaigns. Um where d where are we reboot planting these trees? We're

1:43:41not or are we? How does the public find out? When I've asked for how many houses have been approved to be built Nobody can give me that number. Do we have these this data? I can't believe we don't.

1:43:52We don't answer during this time.

1:43:54No, I get it. But just stay tuned.

1:44:03Hello, my name is Jose Alejandro Freites. I live on [address removed]. Good afternoon. And I would just like to preface to say thank you to all of Pasco County for all that you guys do. Uh and thank you for the opportunity and the time to speak with you all today. I'm a twenty year old Pasco County native. I've lived in the same house, on the same street, in the same neighborhood for the majority of those twenty years. I remember my friends and I would run around the outside, we would fish, play

1:44:33baseball, play football, in the street, and when it got too hot in the summer we would go into the forest and build forts shading us from the sun. We were outdoor kids. I still am not sure.

1:44:46But those times are changing as I see the same trees being cut down for development. The once green, luscious scenery of a variety of flora has been reduced to a measly new shopping centers, parking lots, and some mediocre fast food chains. Trees are a net positive as they reduce carbon emissions, reduce damage from natural disasters, and provide shading. Climate change is a real and existential threat. Not to o not only to our community of Pasco County, but to the planet. As each

1:45:16year gets progressively hotter, breaking records, storms become stronger, costlier, and more dangerous. And Lord knows that the current big weeks in the administration up in Washington don't give a single hoo about us. They don't care if the hurricanes get stronger, or if it gets hotter and we ain't got no shade. But you can You commissioners can care. As our local government officials, it is your duty to bring progress and prosperity to our community. As land is needed for development and community,

1:45:47development can be seen as a prosperous net positive, I challenge and ask you how positive can it truly be if what we leave future generations are plots of developed real estate with no sustainable way for life to continue prosperously? Deforestation will lead to worse conditions, stronger storm consequences, and heavier expenses. No one would want to live here anymore. That is not a future that I want for my future kids or any generation to come. So I plead. I beg and I beseech you to

1:46:17vote to strengthen the ordinance. Help preserve our trees, and in doing so you will be preserving future generations. Thank you.

1:46:32Good afternoon, Commissioner. My name is Andrew Smith. Excuse me. Good afternoon, Commissioners. My name is Andrew Smith. I live at [address removed] and I am also Chairman for Pasco Hernando Democratic Socialist of America. And I come out here to speak in support of this ordinance. Being a fifth generation Floridian from Leesburg, I have seen the damage that uh uh instances like the villages can do to where it becomes uninhabitable to m the people who live there and unrecognizable

1:47:02to the people who've grown up there. My mind, Florida is a tourist state because it has a natural beauty to it that cannot be replicated. Fauna and flora that is on that match by almost half the world alone. To me, you as County Commissioners have the power to be able to control the development in a manner that makes it accessible and livable for the citizens that live here. I hear from the past ordinances about the Bexley expansion and so forth that that is a prime uh commitment. So I

1:47:33beseech y'all in the same manner as my peers and so on before me, that the manner of keeping it a natural livable

1:47:44maintains its natural beauty instead of looking at the business dolls that come with it. With that, I want to leave y'all with a quick question of when you vote, think about what type of color green really matters to y'all. And I rescind my time.

1:48:02Hi, my name is Linda Blake. I live at [address removed]. And I just wanna thank you all for Even the idea of having a tree ordinance, I really praise you all for that. And we've got a problem. The population is growing. People want to move here. How do we preserve nature in Pasco County. It is a difficult problem and it's gonna take a lot of creativity. Now

1:48:32this is a Tuesday in the middle of the day and most people are so busy that they don't have time to be here. In fact we had probably a dozen people that were here that had to go. They had to get back to work. They had appointments to go to. They were wearing green, you might have seen them, and they had to leave. I have talked to people that are Republicans, Democrats. I know a lot of people in Pasco County. I've lived here for a really long time, for decades. Nobody is happy to

1:49:03see the forests bulldozed. It's a difficult problem. How do we build houses and still preserve nature? So You know, if this was Saturday, this room would be packed. There would be an overflow crowd in the lobby. We all want to see. uh a lack of pavement, a lack of the buildup of heat. It doesn't matter what party you're in. It doesn't matter if you're a socialist, a

1:49:33liberal, a conservative. This is a problem that needs to be solved and I'm hoping that you've heard really listen to the people here and that you can put your thinking caps on and talk to people who have done it. Who have created communities that are sustainable. It can be done. It can be done. But it takes research, it takes creativity to do so. And I know that you folks elected to this incredible opportunity

1:50:03to lead in this county can do that. I know that you can be creative. I know that you can do research, and I know you can solve.

1:50:18Thank you so much.

1:50:25Good afternoon. My name is Marianne Bishop, [address removed]. Um thank you for this uh tree ordinance. Uh thank you Commissioner Starkey for seeming to care about trees as much as or close to as much as I do. Thank you, Commissioner Mariano, for mentioning that maybe we wouldn't have so many problems with the roads that I was listening to if we didn't approve so much development. Um ironically Coming in and hearing about the Bexel development. This morning I we hosted at Rosebud Continuum in Land O' Lakes

1:50:55more than 50 first grade students to come out and teach them about plants and trees and the importance of them. And to see the expression and how happy they were and how much fun they had just learning about trees really hits home the fact that we're taking down way too much in the way of trees. Um I don't have a huge Completely I just put pulled some things out because I ha didn't know if I was gonna make it on time here today, but I wanted to say on the old oaks that y'all are talking about, the the that's a keystone species. Uh a

1:51:26old oak supports more life forms than any other North American tree. It's terrible to think about taking down these old oaks. Um oaks also provide carbon sequestration and sourage, air quality, erosion control, transpiration. And cooling. Um it says a single ornamental tree is better than nothing, but one tree supports a fraction of the species that a layered canopy does. This is the problem that I have with that one tree here, there, and the other. Trees do communicate. They do have they are their own they

1:51:57they communicate with each other. They're their own inv they their own environment, I can't think of the word, neighborhood. They work together. They work much better together than they do separately. So it's not a great idea to tear it all down and then plant these trees back. Um the easy the fix is the easiest to do is to keep what you have. A mature oak or maple already supports hundreds of insect species, which means food for dozens Of bird species, removing a healthy tree erases decades of habitat in one afternoon. These are

1:52:27things that we need to think about. The other thing, uh um just another fact, is old growth and young forests play crucial roles in carbon storage. Older trees store large amounts of carbon while young fast-growing trees absorb CO2 quickly. Planting new trees and maintaining existing forests are equally important. New trees help restore degraded land while established forests maximize carbon storage and sub um sustain biodiversity. Um, and just like there's a very important of microforests,

1:52:58that's what I was talking about. That microforests do so much more than individual trees. If you you can take down a hundred trees in a forest situation and replant 100 trees every 50 feet, and there is no comparison to the value of those two systems. The microforests are so much more beneficial. We really need to think about That when we're talking about these developments and how we're allowing them to take it down. Now, I am somebody who puts my money where my mouth is. I have the 19 acres, and to

1:53:28some of you, I think that we're here, uh Commissioner Starkey and Jack Mariano, you are both part of it. Um, I just want to say from a a language from a native, we don't have to heal the earth. She can heal herself. All we have to do is stop.

1:53:48Hi. Jasmine Fourkin, I live in [address removed]. I also have 10 acres in Pasco. in um [address removed]. Uh when I purchased these uh ten acres um uh almost thirty years ago, I um saw this sign on the road and this is the place where I wanted to live after I retired.

1:54:19However, design doesn't really mean anything anymore. There is no more open spaces or vibrant vibrant spaces, places. It's all being developed. And it's being developed in such a hurry and in such a manner that um is um tr it's safe to Um,

1:54:44Trucks of land. on left and right of Hudson Avenue, totally bulldozed over, not a tree left. Um all you can see is signs uh for sale sold or already being developed. Um I don't know if I would buy this land today after seeing what's going on. Um mature trees are treated like garbage. They've been burnt. Instead of treated like

1:55:14resources. Everything she said about mature trees I was going to say but she already did that. They cut the trees, they pay nothing, almost nothing to do that. When I first bought my land I had to build a small barn. and I had to pay for a tree that was bigger than what was required. Now they burning these trees, they don't even use them. Too much. And um if

1:55:45I don't know how they got these um permits to burn the trees um that could have been used for something, even if it e e even if they were burned for energy like we burn garbage, it would be something not just burn them for So we eliminate them. There is not a tree left on my way from Clearwater to my gate in Hudson. They are all gone and they're replacing them with

1:56:15these

1:56:18ornamental trees that will not sustain any life. Or be viable. to humans for cleaning the air or anything, at least in twenty years.

1:56:32Um left and right on Hudson Avenue every morning I come out there is another uh Parcel gone. Uh animals have no place to live anymore. The Sand Hill cranes are protected, you're not supposed to feed them. There's all kinds of laws about that. However, they have no place left to go. They cross the roads where people are driving 70 miles per hour. Um, they end up on the roads

1:57:02as roadkills. And I just don't know. Um How um Are we going to leave this area to our kids and grandkids? I have more but My thumbs up. Thank you for improving disordinance.

1:57:25Anyone else in the audience here to speak to this item? Anyone online? No, sir. Okay.

1:57:32Mm-hmm.

1:57:34Um

1:57:37Ms. Sharkin.

1:57:38Um question on the commercial that she brought up. What are our rules?

1:57:44Yeah.

1:57:44What? What are the what are the our rules on a commercial five acre?

1:57:49Uh commercial developments five acres unless would be exempt under the currently proposed ordinance.

1:57:56Exempt from what?

1:57:57From having to maintain the twenty percent of existing tree canopy inches.

1:58:02Okay, but they do have to replant.

1:58:05They would have to meet the requirements of the landscaping code.

1:58:08Okay. Um can you show that picture I sent you, Gina? 'Cause to me this is just absolutely horrifying and I This is What I see all over the county. Um Our brand new Ashley furniture. I mean How How that's okay. It's just mind boggling to me. Um

1:58:34Yeah.

1:58:36Uh Patrick Dutter Development Review. Um so yes, I think we've had conversations on this site before in the past. Um this plan was actually approved so we updated the land development code in um twenty twenty-two to add some enhanced buffering requirements. This plan was approved prior to that time, so they were following our old code. Uh Again, probably didn't add as much landscaping as it probably should have, but they were technic following the code at the time. In twenty twenty two we updated the

1:59:06land development code to ask for um you know what we struggle with here are the overhead power lines. Um whenever they're overhead power lines, our land development code says that they're allowed to install understory trees. Um unfortunately they s uh chose crate myrtle here. Uh we do have Like I said, part of that other update that I was planning on doing was to tweak what we're defining as understory trees. Um also tweaking what we call um shade trees, because there are some shade trees that people are using as loopholes, like as an example a Japanese blueberry

1:59:37tree. Um it could theoretically grow into a shade tree, but that's not what most people grow them into. So we're trying to clean that up.

1:59:44Yeah, um so so where are the parking lot trees?

1:59:55Yeah, just from what I can tell, they chose to do the three-palm so the the parking stalls along the frontage they were did three palms instead of a shade tree. And on the side, um they I again I can't see on the other side of the the picture, but there are trees on the other side. But they chose to do the three palms there.

2:00:11Okay. So I'm thinking what needs to happen is that the pu if th if there's power lines in the way, they've got a put the edge of their pavement further away from the power line so that they can plan a shape.

2:00:23They shouldn't

2:00:24be able to go all the way up to the power line and then say, Oh, well I can't plant a tree now. Because they're uh be under the power lines. We'll go five feet, ten feet back, at least every so often, so that we get something. But That's a great excuse to say we're just gonna build right up to the paddling.

2:00:41I agree and it frustrates myself as well. Um part of my changes that are becoming hopefully in a few months will incorporate something that should hopefully address it is this issue for the the board to review.

2:00:53All right. Um Um

2:00:58And two you know, I think I think twenty percent saving twenty percent is a lot better than what we did before we were saving zero. Right? Um but it's not it's not that you only have to say twenty percent of your canopy. And that's all that's gonna be there. We do have requirements where they have to put trees back in. Um but the in Florida in development You have to bring in Phil. And um if you fell around the trees they're gonna die. So uh

2:01:29That's that's why we were trying to strike a balance between saving some of the important trees that are on the property. And then they would would replant. So Um and and we've had a tree organs for a long time. I helped write it when I was on court. Gosh, before I was ever school board member. When's that? In the nineties. We've just never updated, like I don't know why we waited so long. Just like the neighborhood parks. We've got to revisit that. Um And we

2:01:59do have a tree mitigation trust fund to set that up when we did that. Steve Booth's here, you were on Cork when we did the tree ordinance, Steve. We have a tree and we set up a tree mitigation trust fund. We have that here in the county and we are quickly putting trees back into the community. You will soon see a bunch of trees come up Little Road in the Medians. If you drive around this campus, I've got them putting trees back in the parking lots here. where um

2:02:30they've neglected it since I've for twenty years. Um look at the courthouse and look at the new trees. Drive behind uh the county building and you'll what kind of trees did you guys put there? Who who remembers the name of those? Was it Crate Myrtle? No.

2:02:44Chakarunda. Chakarunda trees now.

2:02:46Jacarandas, which are absolutely beautiful with the the colored flowers. So um we are Putting trees back into the community and that's where the tree mitigation trust fund money goes.

2:03:00Commissioner Oakley? Commissioner Oakley. Thank you.

2:03:08So this is I think this is one of the most consequential votes Just like we discussed with parks in our workshop. But the vote today is I think one of the most consequential votes that we'll take and it'll be the generations after this. that will see the benefit of what we're beginning to do here today. Um I don't know if you guys have fought which we'll discuss it later in my commissioner items, but House Bill um what was it 399, David? What

2:03:38was the number? 399 was that number? Yes,

2:03:41it's 399.

2:03:42So this this bill can help curve the challenges that are looming down the which we'll get into that separately later with development with House Bill 399. And

2:03:54So I've I've gone back and forth With this cap, the no cap per upland acre, cap for upland acre. um for what folks for what the the building community wants to spend or not spend. They the goal here

2:04:15is to save the heritage trees. And so I'm not sure who mentioned the Coca-Lactus. I think Ms. Zimmer or Ms. Julie mentions the Coca Lactus property. Well we pulled that, we pulled the property on 52 since in District 2, 687 Live Oak. taken off of that size. There's 101 a live oaks. 10 inches, the smallest, 10 inches, 101 live oaks at 10 inches. Started there and goes all the way up

2:04:45to a fifty seven inch. Are you saying they

2:04:47already cleared it?

2:04:48That's what's going to be on the What

2:04:50they do with the Coban grass.

2:04:51So That's just live oaks of six hundred and eighty-seven live oaks and the replacement of for two hundred and twenty-two residential units at five hundred bucks a unit. That's how it came out to the $111,000. You know, the goal here is to save the heritage trees, the legacy trees around our county, having them put into floodplains and stormwater ponds, that's just Russian roulette. Hurricane comes through, they're gonna drown and die. And so Trying

2:05:21to balance the idea depending on the The board. and how we land on something 'cause I think a vote is important today. If there is a cap on the price breaker to develop, I would like to see an exemption for the heritage trees. Separate from the cat. So if you have a heritage oak tree and you want to take it out, that's a completely separate dollar amount. That's a completely separate piece. Of this ordinance. Because the goal is to save

2:05:52our heritage trees and replant replant the other trees. And so I think we need to Define if there if the board does want to go with cap, define what's in the cap and what should be excluded from the cap. And I think the heritage tree should be excluded from the cap from from from the cap and I don't know how we do it if it's a a per inch or or whatnot, but we really the goal's to encourage A better type of development in this county? And to those who

2:06:22say don't for the monorail subdivision piece. I'm gonna be on the opposite side of the fence on this idea, and here's why. I think minor rural subdivisions should be exempt from. from the tree ordinance for this reason. Land is very, very expensive. It's now a luxury item. And so whoever's gonna want to live which we wanna encourage that type of development, we want to encourage minor real subdivision. We led the charge to revamp those development rules to try to encourage and make

2:06:52that lifestyle easier to get to in our county. And so if we exempt that exempt the minor rural subdivisions, it can help someone possibly afford that piece of land, one, two, five, ten acres, whatever Because after they buy that piece of land in the minor rural subdivision, they're likely going to have a custom or semi-custom home build. And in today's market, there's some real estate folks out there, you're looking at a million dollars or more to live that lifestyle in our county, especially in the

2:07:22northeast rural area. So if we start compounding the cost of trees in someone who wants to live that rural lifestyle It's a bit of a gamble, but the likelihood of them saving their trees and just clearing where they wanna wanna put their house is probably more accurate. But if we take the cost of living the real lifestyle and compound it, that could potentially discourage it. And that's something that I certainly don't want to see happening. So I that's why I think that excluding the minor rural subdivisions is important.

2:07:53I know it's a bit controversial, but I think we're all on the same kind of path here on the direction that we want to go with with more rural living. But back to the heritage trees and exempting them from what would be considered in the cap, I'd like to get the boards have the boards discussion on it or open it up about the price per cap. um and or the percentage 'cause I'm open to having a broader conversation on All those topics.

2:08:20Mm.

2:08:21Uh Commissioner Yeager. Yeah.

2:08:22Um, I had made notes from last time. You had red line items, correct?

2:08:28Uh can you clarify when you say red lines?

2:08:31Certain certain trees or things like that you had you had red line items in the in the ordinance.

2:08:37So eight oh two has the red lines for all the things that were changing. Um are you speaking specifically in terms of the heritage trees or something else?

2:08:45Yeah, I thought there was a list of different trees.

2:08:49Yeah.

2:08:53Okay. I just asked the staff because I had made made notes just to make sure.

2:08:57The only trees that we specifically identified are the live oaks, uh 34 inches and greater in diameter, and the southern magnolias 24 inches and greater in diameter. And those trees would have to be in a condition rating of good or better for them to be considered heritage trees. Okay. At least that's what we're proposing.

2:09:16Mr. Chairman. Yes. Um Ms. Zimmer's presentation, she intended to pass out an item to the board that uh speaks to the item that uh Commissioner Weightman brought up with asked to

2:09:29receive a file. All in favor say aye. Thank you,

2:09:36Uh I have had Commissioner Oakley go yet.

2:09:39Okay. Commissioner Oakley. Thinking about the heritage tree. Is the heritage tree of course it's a magnolia and an oak, but it But as an oak. That's a hundred year old tree or more. Is it to be taken out or do we actually keep that tree?

2:09:55There isn't any specification in a definition for the age. It's only the species, the size, and whether or not it's in the condition rating of good or better.

2:10:06Yeah. I just a little concerned about taking out our older oak trees like that, but I mean there's a lot of property that's got a lot of heritage trees and oak trees and banknotes. That are very, very important, I think. for our well being and and this county and They've been there a long time, but I'd like to see as many of those as we could saved. Uh I don't want to Take them down. It's hard to put a amount of money on a heritage

2:10:36tree that's something that's been there for over our own age, you know, a hundred two year old two hundred year old trees. Uh I have a little problem with taking those out to put in a few trees and.

2:10:50So ultimately for the heritage trees they would be a a higher fee for the contribution rates. What would the fee be? Regular trees would be at seventy-five dollars per inch once the trees at least ten inches and greater. And for the heritage tree it would be at $150 per inch. Per inch diameter? Yes. Damn it at breast height.

2:11:10It's double.

2:11:11Yeah. Okay.

2:11:14All right. Mr. Stark.

2:11:16Well I was trying to follow what commissioner was saying when he said he wanted to exempt them. I didn't know which which way you were going with the

2:11:25exempt. He means that if there's a cap on the amount of the contribution that any heritage trees would be on top of the cap. That is is it if they paid the cap amount that if they took out any heritage trees, they'd have to pay that on top of the cap amount. So it would be the cap plus whatever they took out in heritage trees. It's to encourage

2:11:48keeping out fifty heritage trees. Yeah.

2:11:53Because otherwise otherwise I think his concern is that if they just paid the cap amount, they'd have a financial incentive to take out the heritage trees.

2:12:00Yeah, yeah, okay. I'm good with that. Um I I do have a question and I know this may not be the appropriate time, but I did not know Coca-Lacas was cleared. I wanna uh Someone in the county to ask answer me on who Follow. How did we regulate their Coban grass dis dis um

2:12:21the the the project it hasn't they haven't started clearing yet but their application

2:12:26Okay. Well I I wanna know what what's happened with the Coban grass before they start.

2:12:33Um Well I'm glad that we're charging a lot more for it.

2:12:39Yeah.

2:12:43Commissioner Weightman? Anything else? Right. So I I did notice that we did have double of the heritage trees. Uh David Ellen, go ahead.

2:12:52Yeah, just uh a couple of things real quick for um procedural. I I think we're looking at the ordinance right now, which that's kinda the rules for the the the tree mid uh the tree protection piece and then I believe that um the cap that um commissioner w Weightman was talking about would be part of the second item that will be presented as far as part of the resolution for both the use and applicability of the tree mitigation fund. Okay.

2:13:17And I have a presentation for that as well for the board.

2:13:22Okay. This is a Okay. Approval of this year first or do the other presentation?

2:13:28I would prefer that you adopt the ordinance and then go on to the resolution. Okay. Very

2:13:35good. And I uh I do want to add I think you did a good job as far as looking at the ramifications financially that you put a good amount of work into that. So thank you for that. Um

2:13:45there you had passed out the sheet. I don't remember it being discussed. Do you want it you want six added on?

2:13:54I could just reiterate I believe I might have briefly Mentioned it, but essentially um the walk-on edit was just to address some concerns that were recently raised that. The section of the code that speaks to incentives could be potentially Used in a way that doesn't really reflect the intent of that section. So this section would be for persons who have preserved at least 20% of the existing inches. And then they would be subject to have

2:14:24an opportunity for additional credits against the amount that they would have otherwise owed to the tree mitigation fund. But that would require first that they save 20% of the existing inches. So the change here for 802.4 B6 is just to ensure that there isn't a loophole created where large landowners could potentially utilize this incentive, but also have violations in terms of removing trees without the appropriate approval or contribution to the tree mitigation fund.

2:14:54So I just wanted to make sure that if the if the board makes a motion to approve the ordinance that it includes the this add-on of uh

2:15:05eight oh B

2:15:07six. Correct. No. Let me just ask one question. As far as Trying to protect the large trees, et cetera. Are there gonna be any provisions in there as they're setting up their drainage, the drainage doesn't go around those trees and actually causes them to get wet and then Topple over later on. Is there is is there something in the code that we do to protect them?

2:15:27We did consider that as part of the amendments to the section of the code. So for eight oh two give me a second, let me just find the reference.

2:15:44802.4A4C says for all sites subject to the provisions of section eight oh two point four of this code, a note shall be included on the plant set verifying that the proposed areas for tree canopy preservation are not within portions of the site subject to flooding resulting from elevation changes caused by fill associated with site development. In circumstances where this is unavoidable, appropriate drainage shall be included in the design of stormwater facilities for the site to mitigate flooding of the preserved areas.

2:16:15So I'm wanna for Bala, Mr. Karloff. So for example this station two In District Two on fifty four. Directly to the east, there's a magnificent live oak. before that station was built, It's a tall tree. Now with that station built, how much fill's brought in? You're you're at the eye level atop the canopy. I think is Chief Quinn still here. We were we were admiring it when we went to the ribbon cutting for the groundbreaking of it getting constructed. That's an example of what we're talking about here. I

2:16:45figure I'd use a county facility as the the right the right way.

2:16:49Yeah, where where site development uh considerations make it impractical. Yeah.

2:16:56I

2:16:57move.

2:17:00With the

2:17:00noted edition. Yes.

2:17:02We have a second. Any further discussion? Okay,

2:17:06roll call vote. District 1, Commissioner Oakley. Aye. District 2, Commissioner Weightman. Aye. District 3, Commissioner Starkey. Aye. District 4, Commissioner Yeager. Aye. District 5, Chairman Mariano.

2:17:18Aye.

2:17:19Aye.

2:17:19Okay,

2:17:20motion passes 5-0. Now we go to uh item R 30.