CITY COUNCIL AGENDA ITEM
Memo Date: October 30, 2024
Agenda Date: November 12, 2024
Prepared By: Lucilene Ribeiro, Planner
Through: Stockton Whitten, City Manager
Requested Action:
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Consideration of a Zoning Text Amendment to Appendix A, Article XIII, Section 22 of the City of Cocoa Code, amending tree protection and preservation standards and procedures related to waivers of these requirements.
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BACKGROUND:
The applicant, City of Cocoa, requests that the Tree Board/Planning & Zoning Board consider an amendment to the Land Development Code, Appendix A, Zoning, Article XIII, Section 22 of the City’s Zoning Ordinance. This amendment aims to update tree preservation and replacement requirements, particularly for palm trees, and to clarify that the appropriate boards and the City Council will oversee waiver-related decisions. The goal is to support tree assessment and equitably balance tree preservation with the encouragement of beneficial development within the City.
Ordinance No. 20-2023, approved on October 24, 2023, introduced a new tree preservation credit system and clarified tree replacement standards. It established guidelines for tree replacement, adjusted standards related to Arbor Mitigation Fund contributions when on-site replacement is impractical, and specified credits for preserved trees, as well as penalties for unauthorized tree removal.
The 2024 ordinance amendment builds on these protections established by Ordinance No. 20-2023, aiming to further enhance tree protection and preservation regulations by:
1.Tree Definition Expansion and Tree Replacement Standards
Palm trees will be recognized as “trees” requiring replacement in the event of removal only if they meet a minimum trunk diameter of 12 inches and grow or are capable of growing to at least 15 feet in height. The amendment provides that should a palm tree meeting the definition of a “tree” be removed, it need only be replaced by one 3” replacement tree, regardless of the diameter of the palm tree removed. Given their distinct characteristics and lower contribution to canopy coverage, the City has placed these restrictions to prioritize ecologically beneficial tree species.
2. Preservation Credits for Trees Preserved
Under Appendix A, Article XIII, Section 22. (E) (d), Table 1, the existing tree ordinance grants three additional replacement credits for each tree preserved in a public conservation area dedicated to or conveyed to the City as part of a development project (excluding jurisdictional wetlands). The required minimum area that must be dedicated to or conveyed to the City in order to qualify for the additional credits has been increased from one-half acre to one acre, and the minimum width has been raised from 75 feet to 125 feet, unless otherwise approved by the City Council. The baseline tree planting requirements still apply.
3. Waivers
The authority to grant waivers from article XIII section 22, Landscaping Requirements and Tree Preservation been transferred from the Board of Adjustment to the Planning and Zoning Board. The Planning and Zoning Board dually serves as the City’s Tree Board and is familiar with analyzing site plans, including landscaping plans. However, whenever a waiver related to the contribution amount to the Arbor Mitigation Fund is requested, such applications will be determined solely by the City Council.
This change centralizes waiver authority for the tree and landscape code within the Planning and Zoning Board/Tree Board while reserving decisions on Arbor Mitigation Fund contributions for the City Council.
I. Staff Analysis
Pursuant to Appendix A, Zoning, Article XXI, Amendment, Section 1(G)(2), the planning board shall consider and study:
a. The need and justification for the change.
b. The relationship of the proposed amendment to the purposes and objective of the comprehensive planning programs and to the comprehensive plan, with appropriate consideration as to whether the proposed changes will further the purposes of [the] zoning code and other codes, regulations, and actions designed to implement the comprehensive plan.
In compliance with Appendix A, Zoning, Article XXI, Amendment, Section 1(G)(2) of the City Code, the planning board reviewed the following key elements:
Need and Justification for Change
In 2023, the City of Cocoa proposed new standards for landscaping, land clearing, and tree protection and replacement after finding that large-scale site developments often incurred high arbor mitigation fees. Developers frequently sought relief from these fees through Development Agreements, which granted partial or full waivers in exchange for property improvements exceeding the city’s minimum requirements. This new amendment builds on that approach, establishing a standardized ordinance to reduce the need for ongoing negotiations over mitigation fees, while enhancing tree preservation and replacement regulations to ensure compliance.
Ordinance 18-2024 addresses the following identified needs:
• Introducing specific provisions for palm trees, which are subject to replacement only if they exceed certain size thresholds.
• Creating a clear waiver process for developers, enabling case-by-case flexibility for waiver from landscape requirements and Tree Preservation if site constraints limit on-site tree replacement.
Relationship and consistency with Comprehensive Plan Policies and Objectives
The amendment aligns with the City of Cocoa’s comprehensive plan, particularly in areas related to sustainable development and urban beautification. By refining landscape and tree preservation standards, this ordinance will enhance compliance with local zoning codes designed to support the city’s environmental and community health objectives.
The proposed changes will not negatively impact existing neighborhoods and will help clarify requirements for tree mitigation and the use of the Arbor Mitigation Fund. Additionally, these changes will not adversely affect the City’s level of service standards.
Objective 12.1.6: Hydrology, Vegetation and Wildlife. Protect and conserve soils and native vegetation communities, and maintain the natural functions of the City’s ecological zones in a manner consistent with Goals, Objectives and Policies of the Future Land Use Element.
STRATEGIC PLAN CONNECTION:
This amendment advances the City’s strategic goals of environmental sustainability, community beautification, and quality of life for residents.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
March 14, 2017 - City Council approved Ordinance 03-2007
December 12, 2018 - City Council approved Ordinance 12-2018
August 26, 2020 - City Council approved Ordinance 12-2020
October 24, 2023 - City Council approved Ordinance 20-2023
Novemver 6, 2024 - Planning and Zoning recommended approval of Ordinance 18-2024 to City Council.
RECOMMENDED MOTION:
Recommendation
Pass on FIRST READING Ordinance 18-2024, a Zoning Text Amendment to Appendix A, Article XIII, Section 22 of the City of Cocoa Code, amending tree protection and preservation standards and procedures related to waivers of these requirements