Item Coversheet



BOCC AGENDA ITEM


Item Title:LDC21-005 Tree Protection Ordinance
Date:8/9/2021
Department:Planning
Background:

This ordinance would replace the current Land Development Code Sec. 37.02, establishing the Nassau-Amelia Island Tree Committee (NAITC) and setting forth tree protection standards for the unincorporated areas of Amelia Island.

Over the course of the last five years, the County has been working through the process of amending the unincorporated Amelia Island tree protection ordinance. At the outset, the goal was to model tree protection standards from the City of Fernandina Beach, which would provide for more uniform tree protection on Amelia Island.

The Tree Working Group met 12 times between October 2016 and March 3, 2021 and at the latter meeting unanimously recommended the attached ordinance to the Planning and Zoning Board. Some Group members changed along the way, but remained a diverse composition including PZB members, a certified arborist, realtors, engineers, and environmentalists representing the Amelia Tree Conservancy. The presentation of differing points of view of Group members resulted in ongoing creative collaboration. The Group was staffed by five planning directors over time, but the driving force was County Planner II and landscape architect Sue Ann Alleger, who served as a sounding board, source of information, and diligent recorder for the Group. The Group’s progress was slowed by staff turnover and then the pandemic. Planning Director Thad Crowe staffed the Group after Ms. Alleger left the County in February 2021. After Group Chair Bruce Jasinsky rotated off the PZB and therefore also the Group, PZB member Betsie Huben was elected chair and presided over the final consensus on the working draft ordinance.

The Group found common ground in areas including two key strategic changes: 1) extending tree protection, which currently only applies to nonresidential, multi-family, and residential subdivisions to include single-family development, including those lots previously grandfathered; and 2) allowing flexibility and mitigation while in the end retaining or planting 100% of removed protected tree dbh (diameter at breast height around the trunk of the tree, which is how tree size is measured).

Minutes from the meetings of the working group are attached to this item.

The Planning & Zoning Board recommended approval of this ordinance at its August 3, 2021 meeting.

At the recommendation of the Planning & Zoning Board, this ordinance is proposed to become effective 180 days after its filing with the Secretary of State. This is to allow time to inform the public about the new regulations, and to allow time for the County to hire an arborist to assist with enforcement of these regulations.

Request:

Consider LDC21-005, an Ordinance amending Article 37 of the Land Development Code, Natural Resource Protection; specifically rescinding the current Section 37.02, Native Canopy Tree Protection, and creating a new Section 37.02, Unincorporated Amelia Island Tree Protection and Replacement, creating the Nassau County-Amelia Island Tree Commission, creating the Amelia Island Tree Fund, providing for the Amelia Island Tree Planting Program, setting Minimum Tree Preservation and Replacement Standards, defining a Specimen Tree;  amending Article 32 Of The Land Development Code, Definitions; providing for penalty; providing for enforcement; providing for severability; providing for codification; and providing an effective date.

Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:

Amelia Island's unique environment, including it's well-known tree canopy is considered defining characteristic of the area and an essential part of its appeal for the tourism industry.

Action Requested and Recommendation:

Consider LDC21-005, an Ordinance amending Article 37 of the Land Development Code, Natural Resource Protection; specifically rescinding the current Section 37.02, Native Canopy Tree Protection, and creating a new Section 37.02, Unincorporated Amelia Island Tree Protection and Replacement, creating the Nassau County-Amelia Island Tree Commission, creating the Amelia Island Tree Fund, providing for the Amelia Island Tree Planting Program, setting Minimum Tree Preservation and Replacement Standards, defining a Specimen Tree;  amending Article 32 Of The Land Development Code, Definitions; providing for penalty; providing for enforcement; providing for severability; providing for codification; and providing an effective date.

Is this action consistent with the Nassau County Comprehensive Land Use Plan?
Yes
Funding Source:

Additional Information Needed for Contracts/Agreements (If Applicable)
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ATTACHMENTS:
DescriptionUpload DateType
LDC21-005 Staff Report8/4/2021Backup Material
LDC21-005 Ordinance (8-9-21 BOCC)8/4/2021Ordinance
AI Tree Protection Working Group Minutes7/28/2021Backup Material