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Leon County
Board of County Commissioners Agenda Item#5 December 13, 2022 |
| To: | Honorable Chairman and Members of the Board |
| From: | Vincent S. Long, County Administrator |
| Title: | Authorization to Proceed with Drafting an Ordinance to Amend the Pre-Development Environmental Analysis Reviews Section of the Environmental Management Act |
| Review and Approval: | Vincent S. Long, County Administrator |
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Department/Division Review and Approval: |
Alan Rosenzweig, Deputy County Administrator Ken Morris, Assistant County Administrator Barry Wilcox, Director, Development Support and Environmental Management |
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Lead Staff/ Project Team: |
Nawfal R. Ezzagaghi, Director, Environmental Services Division |
Statement of Issue:
This item seeks Board authorization to proceed with drafting an Ordinance to amend the Pre-Development Environmental Analysis Reviews Section of the Environmental Management Act (EMA). The revision is intended to clarify the process required to identify trees during the Natural Features Inventory (NFI) stage of permitting and to ensure that protected trees (especially patriarch trees) are identified and reflected within the submitted NFI maps.
Fiscal Impact:
This item has no fiscal impact.
Staff Recommendation:
Option #1: Authorize staff to proceed with drafting an Ordinance to amend the Pre-development Environmental Analysis Reviews Section of the Environmental Management Act.
Report and Discussion
Background:
This item seeks Board authorization to proceed with drafting an Ordinance to amend the Pre-Development Environmental Analysis Reviews Section of the Environmental Management Act (EMA). The revision is intended to clarify the tree identification process required during the Natural Features Inventory (NFI) stage of permitting and to ensure that protected trees (especially patriarch trees) are identified early in the development process.
The Land Development Code and EMA provide robust tree protection standards in Leon County which specify the type and size of trees to be protected, provide minimum tree mitigation standards, and establish the Canopy Roads Protection Zone along designated roadways. The Pre-Development Environmental Analysis Review requirements of the EMA (reference Sec. 10-4.202) contain a specific process all prospective developments are required to observe at the initial permitting stage. Whereas this section of code references the specific requirement to identify all conservation areas, all preservation areas, and all special development zones, it fails to explicitly state the obligation to identify, and map protected trees at this stage of the process. Currently, protected tree identification and mapping is vaguely referenced in Section 10-4.202(a)(2)d, which states “Mapped inventory of on-site conservation and preservation features, special development zone, topography, drainage basin”, etc.
While topographical surveys are used to identify and map the contours of the ground and existing features on the surface of the earth (such as wetlands, lakes, water streams, buildings, streets, walkways, manholes, retaining walls, trees, etc.), this item is seeking to eliminate potential ambiguity and explicitly include the identification of protected trees as a requirement at this stage of the permitting review process.
Analysis:
As a result of a periodic review of the County’s EMA, DSEM identified an existing issue related to the specific stage in the permitting process in which the identification of protected trees occurs. To provide further clarity to the existing ordinance, this item recommends amending Section 10-4.202 of the EMA. Specifically, subsection (a)(2)d which addresses the requirements for identifying certain features during the NFI process. While the requirement contains an indirect reference to trees, it also contains sufficient uncertainties that may lead to inaccurate conclusions. To eliminate ambiguities, this item proposes to include “protected trees” as a feature that is to be identified and represented in the NFI map(s).
A component of the Ordinance drafting process will include garnering feedback from stakeholder groups\citizens, and the Leon County Advisory Committee for Quality Growth (ACQG). It is important to note that most applicants already do identify protected trees through the NFI process so the proposed Ordinance would not be considered a new requirement. The proposed Ordinance will be presented to the Board at a later date for scheduling of a Public Hearing.
Options:
Recommendation:
Option #1
Attachment: