HomeMy WebLinkAboutRe EXTERNAL RE Tree Preservation Proposed Amendment to Article II. Tree Protection Sec. 102-36. - Definitions. of the City's CodeHaha well… I have some bad news on the Home Oc front… will call you later or I can update you when we meet tomorrow
Also yep sorry I forgot that was part of the LDC! So 2/26 P&Z.
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From: Anthony A. Garganese <agarganese@orlandolaw.net>
Sent: Thursday, January 2, 2025 3:01:37 PM
To: Zachary Eichholz <z.eichholz@capecanaveral.gov>; Brianna Soat <b.soat@capecanaveral.gov>; Abigail Holmes <a.holmes@capecanaveral.gov>; Daniel LeFever <D.LeFever@capecanaveral.gov>
Cc: Tim Davis <T.Davis@capecanaveral.gov>; Brian Palmer <B.Palmer@capecanaveral.gov>
Subject: RE: [EXTERNAL] RE: Tree Preservation: Proposed Amendment to Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City's Code
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I just sent an email on that. We crossed in the night …
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
Florida Certified Circuit – Civil Mediator
Florida Supreme Court – Trained Arbitrator
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: <http://www.orlandolaw.net/> www.orlandolaw.net
Email: <mailto:sshell@orlandolaw.net> sshell@orlandolaw.net
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From: Zachary Eichholz [mailto:z.eichholz@capecanaveral.gov]
Sent: Thursday, January 02, 2025 2:57 PM
To: Brianna Soat <b.soat@capecanaveral.gov>; Abigail Holmes <a.holmes@capecanaveral.gov>; Anthony A. Garganese <agarganese@orlandolaw.net>; Daniel LeFever <D.LeFever@capecanaveral.gov>
Cc: Tim Davis <T.Davis@capecanaveral.gov>; Brian Palmer <B.Palmer@capecanaveral.gov>
Subject: RE: [EXTERNAL] RE: Tree Preservation: Proposed Amendment to Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City's Code
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Hi Brianna,
I think it could, but does it need to go to the P&Z Board first for review/buy-in?
Zachary Eichholz
Chief Resilience Manager
<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9YIXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZXZJ5IBMksBntg620xXXle> City of Cape Canaveral
(321) 868-1220 x219
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
From: Brianna Soat <b.soat@capecanaveral.gov <mailto:b.soat@capecanaveral.gov> >
Sent: Thursday, January 2, 2025 2:54 PM
To: Abigail Holmes <a.holmes@capecanaveral.gov <mailto:a.holmes@capecanaveral.gov> >; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Daniel LeFever
<D.LeFever@capecanaveral.gov <mailto:D.LeFever@capecanaveral.gov> >
Cc: Zachary Eichholz <z.eichholz@capecanaveral.gov <mailto:z.eichholz@capecanaveral.gov> >; Tim Davis <T.Davis@capecanaveral.gov <mailto:T.Davis@capecanaveral.gov> >; Brian Palmer <B.Palmer@capecanav
eral.gov <mailto:B.Palmer@capecanaveral.gov> >
Subject: Re: [EXTERNAL] RE: Tree Preservation: Proposed Amendment to Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City's Code
Do you think this will be ready for Jan 21 Council meeting?
Get <https://url.emailprotection.link/?bnKo2lzP2-5ZU6Z9gMslcUB04Cx5v9ovCXfKK7J0566wpVa40hfhbCXedWp3fzM_8CJ8ZTNwRyxY386j-jyYQyw~~> Outlook for iOS
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From: Abigail Holmes <a.holmes@capecanaveral.gov <mailto:a.holmes@capecanaveral.gov> >
Sent: Thursday, January 2, 2025 2:50:58 PM
To: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Cc: Zachary Eichholz <z.eichholz@capecanaveral.gov <mailto:z.eichholz@capecanaveral.gov> >; Brianna Soat <b.soat@capecanaveral.gov <mailto:b.soat@capecanaveral.gov> >; Tim Davis <T.Davis@capecanavera
l.gov <mailto:T.Davis@capecanaveral.gov> >; Brian Palmer <B.Palmer@capecanaveral.gov <mailto:B.Palmer@capecanaveral.gov> >
Subject: RE: [EXTERNAL] RE: Tree Preservation: Proposed Amendment to Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City's Code
Good Afternoon Anthony,
Thank you so much for your detailed response! I agree that consistency within the code is critical and the use of “desirable species” is good edit. Thank you for catching that!
I also was not aware that the FNPS’s list is a recognized industry standard. Thank you for sharing!
I have reviewed your proposed ordinance and sincerely appreciate your edits. I will see if anyone has any further comments at this time.
Thank you for your assistance,
Abigail Holmes
Resilience Planning and Services Manager
<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9YIXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZXZJ5IBMksBntg620xXXle> City of Cape Canaveral
(321) 868-1220 x113
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
From: Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Sent: Thursday, January 2, 2025 2:36 PM
To: Abigail Holmes <a.holmes@capecanaveral.gov <mailto:a.holmes@capecanaveral.gov> >
Cc: Zachary Eichholz <z.eichholz@capecanaveral.gov <mailto:z.eichholz@capecanaveral.gov> >; Brianna Soat <b.soat@capecanaveral.gov <mailto:b.soat@capecanaveral.gov> >; Tim Davis <T.Davis@capecanavera
l.gov <mailto:T.Davis@capecanaveral.gov> >; Brian Palmer <B.Palmer@capecanaveral.gov <mailto:B.Palmer@capecanaveral.gov> >
Subject: RE: [EXTERNAL] RE: Tree Preservation: Proposed Amendment to Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City's Code
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Hi Abigail,
Happy New Year! Yes, cities generally have leeway to define a specimen tree by a certain caliper and other codes vary. Keep in mind, however, the State preempted home rule a few years
ago regarding the removal of trees on single family properties, and owners may be able to remove specimen trees without a City permit if the owner satisfies the statutory conditions.
In other words, when the preemption applies, it won’t matter if the tree is a specimen tree or not because the owner will have the right to remove it.
Regarding the attached draft ordinance, I addressed the 18 inch proposal. However, I didn’t use the proposed “non-native” language. The Tree Protection Ordinance has a number of definitions
and I felt that the intent of your change would be more precisely addressed by using the defined term “desirable species” in order to avoid a code conflict or ambiguity. Under that
definition, desirable trees and plants must be listed in the current edition of the Florida Native Plant Society's list of Native Plants, as applicable to the East Central Florida
Region. I think this also addresses your comment about adopting a future list of Florida Friendly trees because the list is already adopted and it’s a recognized industry standard.
If the adopted list isn’t acceptable any longer, then you may have a point about creating and adopting a new list.
Specifically, please review Section 102-36 which provides:
Desirable species (trees/plants). Trees and plants adaptive to the climate and soil of the city and identified in section <https://url.emailprotection.link/?bQYhmoQAxREw7OLYT8bI3K0701fArfuushWfIpFCJV
1N5JfvYCWjIe0tA6vo-Chkz_PnZKayCmfWNkgw4peEKrPnZOARbVSqkKm3XiAbNakFvfjbhreFe5EqHbvxn5m75oRLnxMtdJXwGgnRFE7bHa5Pn67NPZEfEGsl4OFKw7i15eC7rPF46f9FabhHtiWSNsruYpTsSc6v03f8lvqm3Fg~~> 102-52
of this division, as may be amended by the city council by ordinance or rule promulgated pursuant to section <https://url.emailprotection.link/?bsdrTR9_N_jpZ0Bv36ByDK8Nthb0jESRWVaBVZsaYsFku-uWFh0kDl
_vg7rGHIWxuAxAaRTdBynvFAume0XQJv-gqEJuUeWk3_JG2qIMBFSdA3gHwWnApebMNeZjXHt-wbA0YB9cnSmcsaqy9m6jf2-giIR47iwB7NH8dWj6fczeMDBA4TRPm9EgbV3dcaKI6GH061orPFcxakfC-dB1Fuw~~> 102-51 of this division.
In addition, Sec. 102-52. - List of desirable species and plants. States:
All trees and plants required to be installed under this division or elsewhere in the City Code shall be selected from the list of desirable species and plants in the current edition
of the Florida Native Plant Society's list of Native Plants, as applicable to the East Central Florida Region. The list of trees and plants are intended to provide the developer and
homeowner a selection of appropriate native and suitable vegetation for proposed landscaping plans. Native vegetation is ideal for landscaping since these plants have become adopted
[adapted] to the county's particular set of climatic conditions. The city council hereby finds that if native and other desirable vegetation suitable for the city's climatic condition
are utilized in the form and size context in which they naturally occur, a long-lived and maintenance-free landscape scheme will result within the city.
Let me know if you have any comments or questions.
Regards,
Anthony
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
Florida Certified Circuit – Civil Mediator
Florida Supreme Court – Trained Arbitrator
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: <https://url.emailprotection.link/?bbHhtcQhfMv-GBHAsH2Thf5yLBe6MiRF4xPwpV7bXhM4vTOqaRxxuu2ldtDhNFcK5hThV-kNgBEmhT3KW7cVKqQ~~> www.orlandolaw.net
Email: <mailto:sshell@orlandolaw.net> sshell@orlandolaw.net
Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e.,
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If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it
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From: Abigail Holmes [mailto:a.holmes@capecanaveral.gov]
Sent: Thursday, January 02, 2025 1:19 PM
To: Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Cc: Zachary Eichholz <z.eichholz@capecanaveral.gov <mailto:z.eichholz@capecanaveral.gov> >; Brianna Soat <b.soat@capecanaveral.gov <mailto:b.soat@capecanaveral.gov> >; Tim Davis <T.Davis@capecanavera
l.gov <mailto:T.Davis@capecanaveral.gov> >; Brian Palmer <B.Palmer@capecanaveral.gov <mailto:B.Palmer@capecanaveral.gov> >
Subject: [EXTERNAL] RE: Tree Preservation: Proposed Amendment to Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City's Code
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Good Afternoon Anthony,
I wanted to follow up on this effort to reduce the specimen tree diameter from 24 inches to 18 inches in the City’s code.
Please let me know what I can do to facilitate this change.
Thank you and Happy New Year!
Abigail Holmes
Resilience Planning and Services Manager
<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9YIXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZXZJ5IBMksBntg620xXXle> City of Cape Canaveral
(321) 868-1220 x113
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
From: Abigail Holmes
Sent: Thursday, December 5, 2024 11:23 AM
To: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Cc: Zachary Eichholz <z.eichholz@capecanaveral.gov <mailto:z.eichholz@capecanaveral.gov> >; Brianna Soat <b.soat@capecanaveral.gov <mailto:b.soat@capecanaveral.gov> >; Tim Davis <T.Davis@capecanavera
l.gov <mailto:T.Davis@capecanaveral.gov> >; Brian Palmer <B.Palmer@capecanaveral.gov <mailto:B.Palmer@capecanaveral.gov> >
Subject: Tree Preservation: Proposed Amendment to Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City's Code
Good Morning Anthony,
The CED is seeking to amend Article II. – Tree Protection within the code to better protect specimen trees.
As it stands, the code language defines a specimen tree as the following: <https://url.emailprotection.link/?bg8O0bQOUKpYlxM6h1qyycpGIBJD-twe8h83w4Cj7gvx4luKfz7qFuTQEZo1LtyidLQgzrz4QN9vscRBlaLv0fNA2
lLbXow6jhrJFNfOmQGQhqRYxB4uj1s-7UkeXop5HiJR29dCsgWyZK1KwIYDnpRC-0J4-25l8Fym1Yq31kfRgteu3WltjO608YTfqfddrsGU8CAs5yOcZWOKysttX0A~~> “Specimen tree means a tree having a caliper of 24 inches
or more in diameter. Specimen trees shall not include undesirable, dead, hazardous or diseased trees, or trees that are structurally unsound and cannot recover from pruning.”
Tim Davis, our City Arborist, went to a large conference earlier in the year where he learned that several Florida municipalities and counties had reduced the size definition of their
specimen trees from 24 inches to 18 inches.
We met as a department a few weeks ago (and with Tim Davis) and agreed that this would be worthy of pursuing in the City of Cape Canaveral: seeking a reduction in the diameter measurement
from 24 inches to 18 inches and to better distinguish the importance of native trees.
The code seeks to protect and preserve specimen trees to the greatest extent feasible. With the City being over 90% built out, our remaining urban forest is critical to protect.
Other Cities such as Coral Gables, Fort Lauderdale, and Miami-Dade County have defined specimen tree diameter as 18 inches. Please see an example attached.
In an effort to quickly establish protection of more trees, future efforts will include a tree list of Florida-Friendly trees, Regionally native trees, and tree species that are native
specifically to Cape Canaveral that could be potentially adopted into the land development code.
Below is the draft language we are proposing to amend Article II. – Tree Protection, Sec. 102-36. - Definitions. of the City’s code:
Specimen tree means a tree having a caliper of 18 inches or more in diameter. Specimen trees shall not include non-native, undesirable, dead, hazardous or diseased trees, or trees that
are structurally unsound and cannot recover from pruning.
We ask that you please assist CED with drafting an ordinance.
If you have any questions, please do not hesitate to contact me.
Thank you and have a great day,
Abigail Holmes
Resilience Planning and Services Manager
<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9YIXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZXZJ5IBMksBntg620xXXle> City of Cape Canaveral
(321) 868-1220 x113
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
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Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a
public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a
public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a
public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a
public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a
public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
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