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HomeMy WebLinkAbout2021-01-05 2021-01-05 Virtual Workshop City Commission Meeting MinutesMINUTES OF MEETING DANIA BEACH CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE TUESDAY, JANUARY 5, 2021 - 5:30 PM 1. Call to Order/Roll Call Mayor James called the meeting to order at 5:31 p.m. Present: Mayor: Vice -Mayor: Commissioners: City Manager: City Attorney: City Clerk: 2. Items for Discussion Tamara James Marco A. Salvino, Sr. Joyce L. Davis Lori Lewellen Lauren Odman Ana M. Garcia, ICMA-CM Thomas Ansbro Thomas Schneider 2.1 Oak Hammock Tree Protection Overlay Ordinance City Attorney Ansbro noted public questions were submitted and answered by staff, and provided to the Commission. The questions and answers are attached to and incorporated into these minutes. He also noted it is the Commission's discretion on how to proceed; the City's arborist would give an overview of the ordinance if the Commission desired. Mayor James wanted to be sure anyone with questions that were not submitted would have the opportunity to ask them and have them answered. Eve Boutsis, Assistant City Attorney, noted the Commission's wishes for this workshop was to have discussion among themselves regarding the ordinance. Ryan St. George, South Florida Environmental Services Manager, City arborist, gave an overview of the tree protection overlay ordinance which is attached to and incorporated into these minutes. He addressed the FPL property matter. Commissioner Odman noted she understood this workshop was for the Commission to discuss the ordinance among themselves to see if there is a way to move forward. Homework should have been done prior to this meeting. Mr. St. George responded to the Commission's questions, including whether house additions or property improvements would be prohibited by the ordinance, and the requirement to plant trees or pay into the tree trust fund. Commissioner Salvino addressed his concerns with the overlay ordinance; we are opening up opportunities for lawsuits over State rule. He felt we should not single out an individual community; if something is done, it should be done citywide. Assistant City Attorney Boutsis addressed State law concerns. Mr. St. George responded to Commissioner Odman's question as to why this ordinance was not being done citywide and what the subject area would look like if the ordinance is not adopted. Assistant City Attorney Boutsis responded to Commissioner Lewellen's question regarding how we would deal with enforcement of this ordinance. Commissioner Lewellen noted she does not understand how putting this into law would change anything. Assistant City Attorney Boutsis explained this would not prevent bad actors; however, the ordinance would become part of the process for an abiding resident wanting to make home and property improvements. This is a Commission policy decision; she felt this is a preservation measure. Commissioner Lewellen noted when this comes back to the Commission, a lot of people will want to speak again. She questioned if there is a way to limit citizen comments as they have all spoken before. Mayor James would like second reading of the ordinance as the last item under public hearings and to limit citizen comments to 1 1/2 minutes each. City Attorney Ansbro recommended that no one be allowed to yield their time to someone else and to keep citizen comments at three minutes per person because that is what we have always done. Mayor James suggested a hard stop for the item within the Commission meeting. Discussion ensued regarding reducing the time allowed for each speaker since the same comments are being made at each meeting. Mayor James noted second reading of this ordinance would be the last item under public hearings and citizen comments would be limited to 1 %2 minutes per speaker. Assistant City Attorney Boutsis responded to Michelle Nadel's concerns about the FPL area that is not included in the overlay. Sean Ritterman, 5881 SW 36th Terrace, asked whether residents would be penalized for using an arborist that the City contests. Minutes of Virtual Workshop — 2 Oak Hammock Tree Protection Overlay Ordinance Dania Beach City Commission Tuesday, January 5, 2021— 5:30 p.m. Assistant City Attorney Boutsis explained what would happen under those circumstances. City Attorney Ansbro noted anyone cited would receive due process of law. Mr. Ritterman questioned a grandfather clause and Mr. St. George noted the City would not chase after anyone in that scenario. Igal Hatanian, 5911 SW 36 Terrace, requested that only residents of Dania Beach be allowed to speak at the Commission meeting for second reading of the ordinance. Mayor James and City Attorney Ansbro responded that would not be permissible. 3. Adjournment Mayor James adjourned the meeting at 6:50 p.m. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK 5 ISHE�� Approved: January 26, 2021 Minutes of Virtual Workshop — 3 Oak Hammock Tree Protection Overlay Ordinance Dania Beach City Commission Tuesday, January 5, 2021 — 5:30 p.m. CITY OF DANIA�BEACH TAMARA JA MAYOR ! Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP OUTLINE OF MAIN POINTS RELATING TO PROPOSED ORDINANCE • City has an existing tree preservation ordinance (Article 825), and a landscaping code (Article 275). o Tree preservation code would typically guide/regulate removal of mature native trees but has been compromised by House Bill. o Landscaping Code still offers some ability to oversee tree coverage within the neighborhood • Recognizes unique nature of the forest community in this particular area as a part (circled in blue) of the largest and most intact native tree hammock in the City (Circled in red below). o Warrants true consideration for long term management principles. o Treats tree canopy and health of the forest community as a collective asset to the neighborhood. `4 S Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP o Other areas throughout the City do not approach the density and continuity of tree canopy coverage within this overlay area. o Not appropriate to apply to other areas of the city with much less existing tree canopy. • 2 primary goals of the ordinance o Discourage improper use of House Bill to clear healthy mature trees o Promote management of tree resources from a safety -focused perspective recognizing the synergistic benefits of it remaining intact • Ordinance has much greater effect on redevelopment projects than on existing residences o not intended to burden existing residents; o intended to help encourage new neighbors to manage property's in a manner consistent with the surrounding areas • Removal of healthy trees weakens the surrounding forest o Openings in the canopy invite windstorm damage similar to how a wound invites infection o Keeping the tree canopy intact improves its buffering and storm resistance. • Increased minimum landscape standards is important o the existing code only requires 3 small mitigation trees which is adequate for areas with minimal vegetative coverage, but would not be sufficient to restore consistency with surrounding area in the Oak Hammock overlay district. o The proposed overlay standards ensure some degree of canopy continuity can be restored or maintained even when entire properties are cleared without City approval. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP QUESTIONS RAISED BY RESIDENTS AND STAFF RESPONSES Please note questions are written verbatim (with all errors in typing, grammar, etc. included). Alexandra Folleco: Question: How will the Mayor and City Commission prioritize the best interest and community values of Dania Beach residents in various possible decisions of the Oak Hammock Tree Ordinance? Answer: Only the Mayor and City Commission can identify their priorities and what they believe is in the best interests of the City which is demonstrated through their votes. Andres and Italia Folleco: Question: As Mayor of our City, and as our City Commissioners, how do you personally feel about the impact of the removal of these trees on the property value of our community, besides the physical looks? How do you think the community will view to your decision is not to support the ordinance? Answer: Staff cannot answer this question. Robin and Justin Nowlin2: Question: Will the City of Dania Beach work with Hollywood and unincorporated Ft. Lauderdale to collectively preserve the Oak Hammock as it runs through each of our communities? (Stirling Road north to Riverland). Answer: Currently the ordinance under review is the Oak Hammock Tree Ordinance. This policy question is not addressed in the ordinance. However, the portion of existing natural forest community that the City deems intact/healthy enough to warrant this ordinance exists solely within the City limits lying largely north of Stirling Road and east of 40t' Avenue. The inquiry is a policy decision for the City Commission and there is no contiguity between the existing Oak Hammock and the neighboring communities. Jim Rizzo: Question: Cities, counties and special districts all across the country having zoning, building and planning standards that affect what residents can and cannot do with their real estate property. What is the Community rationale for being allowed to impose those standards? In other words, why do governmental entities have such standards and rules? Answer: This question appears to address greater issues than the Oak Hammock Tree Ordinance. Zoning is a fundamental police power that is provided to cities, counties and special districts. Each community decides how to utilize its police powers through its zoning code to create unique zoning Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP laws for its community (ie: Allowing horses in horse county; allowing factories in other areas; or other areas to solely allow single family homes). Michael Jofe: Question: To the Commissioner: are you aware that this ordinance is currently being considered as a model ordinance by sustainability coordinators around the entire state as a way to mitigate the effects of Fl Statute 169.045 (163.045), in their cities? Answer: Staff cannot speak to this. Staff can advise that Pensacola is reviewing the ordinance. Staff is unaware of any other community looking at the ordinance as a model. Harvev Seoler: Question: Are you aware that live oaks can absorb and store 92 pounds of carbon a year with a mature tree's canopy spanning more than 100 feet and that many cities are planting native shade trees to meet their goals of becoming carbon neutral? Will the ordinance help with Dania Beach becoming a carbon neutral city in the future? Answer: This question is beyond the scope of the workshop on the oak hammock tree ordinance. Carbon neutrality is a policy discussion item for the City Commission, should they choose to do so. It is important to clarify that the intent of this ordinance is to limit/guard against canopy losses, not to add to existing canopy. The ordinance will not help the City become carbon neutral, but will help slow the growth of any carbon deficit. Martha Brodie: Question: Are you aware that West Palm Beach is spending $9 million dollars to plant shade trees on three blocks on Clematis Street to cool the streets and that many cities are using green infrastructure to deal with stormwater runoff? Since the ordinance imposes large fines on those who illegally cut down the trees in the hammock and require minimum landscaping, do you think the ordinance will save the city and its tax payers money in stormwater runoff and treatment costs by discouraging people from illegally removing and having them replant when they remove too much? Answer: The staff cannot speak to West Palm Beach. The ordinance intends to create minimum landscape standards and penalties to preserve existing canopy. As to saving taxpayer money due to stormwater runoff, staff is not able to advise on this aspect. The ordinance is not structured to improve the existing condition, but rather to disincentivize further degradation. Stephanie Jofe: Question: Are you aware that according to Dr. Andrew Koeser from the University of Florida Gulf Research Lab, a specialist in Urban Canopies, the canopy in Dania Beach (of which we are the largest part), saves the City approximately $200,000 a year in stormwater runoff and treatment? Since the ordinance would require minimum landscape standards and require replacement of Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP invasive species with a proscribed amount of native understory, do you think this ordinance will save the City and its taxpayers money? Answer: The ordinance is not intended to grow canopy coverage (which could coincidentally provide additional stormwater benefits). However, it is intended to reduce/limit canopy losses (which could potentially result in increased costs to the City). Question: Are you aware that canopied streets are six to 10 degrees cooler than non -canopied streets and that the National Oceanic and Atmospheric Administration found that areas covered in concrete with few trees could be 17 degrees warmer than shaded area? Therefore, do you thing that by discouraging people by imposing large fines for cutting down trees illegally, without the proper paperwork, and requiring people to trim their trees properly so that the trees don't get sick and die, the Ordinance will help preserve trees in the oak hammock and end up saving al the taxpayers of Dania Beach money by keeping their houses cooler, making their air healthier t breathe, and keeping down our insurance rates since the trees also buffer us from the wind in a hurricane? Answer: Staff is aware of the wide ranging benefits of trees and forest canopy, including shading benefits. These benefits are the reason for the existence of the City's Tree Preservation Code and are expressly stated in Sec. 825-20. — Declaration of Intent, and are also the driving reason behind this overlay ordinance, as described in Section 826-20. Staff cannot address the financial aspects of the question. Insurance rates are done by private industry and their process for determining rates is not something shared with cities. Michael Jofe• Question: Are you aware that there are multiple computer models developed by the US Government and academic research centers that were developed specifically to calculate the value of urban forests to decreasing and filtering stormwater runoff? Do you think that by helping to preserve the trees in the oak hammock and requiring minimum landscaping the ordinance will save money for all the residents of Dania Beach? Answer: Staff is aware there are numerous models and studies that attempt to quantify the benefits of trees in urban environments. Most of these models are directly applicable to urban spaces with extensive concrete and asphalt surfaces and do not directly relate to the oak hammock in the low - density residential area that is the subject of this ordinance. The City has not analyzed whether the ordinance will save residents money. Question: Are you aware that there are cities that provide credit for planting and leaving trees in place during development because in the long run it saves the cities so much money in dealing with stormwater runoff and stormwater treatment? Why would Dania Beach want to do its best to try to protect the urban canopy we have now by disincentivizing builders and homeowners from taking down trees, as this ordinance does, rather than paying to plant trees later? Answer: Part one of the question is a bit vague, as to who is to be provided the credit and for what purpose. Trees may have a part to play in stormwater plans but the City did not consider this point Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP in creating the ordinance. Article 825 of the City's code already offers property owners a type of "credit" for retaining desirable trees onsite by greatly reducing mitigation or replacement requirements. Sean Ritterman• Question: Why can't specific streets be removed the same way the FPL lot was removed? Answer: This is a City Commission decision, however, to preserve the canopy, the main areas of canopied areas should be included in the overlay. The FPL lot was removed because it does not have the same intact mature forest canopy that the other areas, and because it is encumbered by a pre-existing utility easement which authorizes and requires regular vegetation maintenance in a manner that directly conflicts with the goal of the ordinance. Question: Why is there a flat out denial on requests for variances? Are there any actual other ordinances that go this for private property ordinances? Answer: The ordinance specifically prohibits "elective" variances but still enables those which are justified via hardship. As the City researched language for this ordinance, we encountered similarly worded prohibitions in one or two other municipalities, seemingly as a way to streamline project designs by preserving a degree consistency in code. Variances are often deemed in zoning as inappropriate, in that a variance can eat away the rule. Variances are supposed to be a strict hardship and not easily administered, not a financial concern, and due to a peculiarity with the land — that makes the land undevelopable. As a tree can be removed under the ordinance provided minimum landscape requirements are met, administration does not believe elective variances are warranted. Question: We are on private land which means the aesthetic aspect doesn't benefit anyone besides those that live on these streets. We own the street in front of our house which makes it not a thruway or public pass through. This means it doesn't impact the public for beautification. The flooding aspect which has been around for many years and is not being mitigated by the large number of trees as well as the environmental aspect is a public benefit. The City has already stated this is for a public purpose many times. Has the City considered the financial impact? Line items of HB 1159 references other state law and states the below: 4. The right to dispose of your property. 6. The right to just compensation for property taken for public purpose. 7. The right to relief or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property. Question: Is the City requiring new development to plant a number of trees we are being require to? If not, why not? Answer: Please note, the ordinance does NOT require existing homeowners to plant trees, nor does it require new development to plant trees. Planting of trees for all properties becomes necessary only when site modifications result in the removal of trees such that the property no longer meets the minimum landscape standards outlined in 826-40A. The ordinance is not simply Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP protecting aesthetics. It is protecting the native hammock of Dania Beach, which if it disappears cannot be regenerated. This includes the trees and animals dependent upon the tree canopy. There is no evidence that there is a taking of private land for a public purpose — no one is being prevented from developing their land — rather the development is simply being sensitive to the natural community it is located within. As for new tree plantings — it all depends on the property and the project envelop. If the canopy remains substantially unaltered, no new trees will be needed. Question: Dania Point for example doesn't seem to have many trees at all. It's huge? Why weren't they required to add in massive amount of trees, and isn't the city retroactively requiring it the same way they are requiring us to add after the fact? Answer: Dania Pointe is a commercial district with different tree canopy standards and its own negotiated Design Development Guidelines to differentiate from the City's standard code requirements. The Dania Pointe property did not support an intact Oak Hammock prior to redevelopment. However, the trees that did exist at Dania Pointe could not be retained because the project required grade changes for drainage purposes. The Dania Pointe project has also mitigated for all tree removals by providing landscape installations which far exceed code requirements, and also making equitable payment to the tree trust fund for all remaining canopy mitigation. Please note - The proposed overlay is not requiring new trees to be added after -the -fact — if the existing canopy is maintained above the minimum requirements in 826-40A. Question: Over many meetings we have heard how there are so many arborists out there that are shadey and have their own agenda, e.g. money. What makes the city arborist any better or have less of an agenda? How is this different than going to a doctor? Some doctors are stricter in their Answer: Question is incomplete. This is not a question for staff, this appears to be more of a judgment call than a question. Arborist certification requires a credentialed professional demonstrate a particular "standard of care" and abide by the certifying organizations Code of Ethics (https://www.isa-arbor.com/Portals/O/Assets/PDF/CertificationiEthics-Code-of- Ethics.pdf). It is the opinion of the City's Landscape/Arborist staff that the arborist reports that have been used to remove mature specimen trees under the House Bill in this neighborhood do not satisfy the responsibilities in the Code of Ethics. The City's only agenda is to abide by the language and intent of the code, and to provide accurate evaluations/assessments. Alexis Guillen: Question: Is the City aware of the EPA's position on the impact trees have on mitigating stormwater runoff? Answer 1: The City is creating its stormwater master plan and therefore staff cannot address this question at this time. The City Engineer for Dania Beach is aware of EPA Federal Regulations as well State of Florida and Broward County Regulations. The State of Florida and Broward County doesn't take into consideration trees or roots in the stormwater regulations. Trees' impact on mitigating stormwater runoff is so minimal that the State of Florida and Broward County don't require to provide stormwater calculations. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP Answer 2: The City's Landscaping and Tree Preservation consultant team is aware of the way trees mitigate stormwater runoff by providing varying degrees of vertical stormwater storage, energy dissipation, uptake/assimilation/evapotranspiration, and by reducing erosion, and aiding infiltration. However, most of the information contained in the links provided pertains to more urban areas with large expanses of impervious concrete and asphalt where trees often provide the only natural stormwater mitigation. Question: Is the City aware that one mature large canopy tree, such as live oak, can intercept thousands of gallons of runoff annually? Answer 1: The City's Landscaping and Tree Preservation consulting team is aware trees can provide considerable stormwater benefits. The City has its own Landscaping code to ensure, in part, that these benefits (and a suite of other tree -specific benefits) are realized during development. The City also affords extra "specimen" protections to larger, more beneficial tree resources for this reason and for the additional benefits large trees provide. Answer 2: The City of Dania Beach follows Broward County and State of Florida regulations regards to stormwater management. Question: How is the City planning on incorporating trees in its stormwater management plan? Answer: Stormwater engineers review storage capacities, outfall connections, drainage pipes, swales and, roadway pitch. Trees' impact on mitigating stormwater runoff is considered minimal. Therefore, they are not part of the engineering plans. If there are trees or roots that interfere with structures, engineers will consult with an arborist. Question: How much is the City planning to spend on stormwater mitigation in the Oak Hammock area? Answer: Design cost is approximately $115,000, and the construction cost is going to be approximately $1.2 million. This includes design, permitting. Michelle Nadel: Question: What was the basis for excluding the private 10 acre parcel behind SW 37th Terrace? This was the contentious property which helped to start a petition to begin with. It was initially omitted and then added and then removed without any discussion. It is very clear to all who pass the property that despite all of the invasive vegetation having been removed, it still constitutes the edge of the tree overlay with dozens of oaks. It is well understood that the FPL easement allows that entity, FPL, to remove trees and vegetation, but the remaining land is private residential property and it appears to be discriminatory to include adjoining properties but exclude this property. In fact, even those who oppose this very ordinance, have expressed dismay at the removal of this property from the ordinance. Is it only with an attorney that residents' voices can be heard?! Answer: The FPL lot was removed because it does not have the same intact mature forest canopy that the other areas, and because it is encumbered by a pre-existing utility easement which Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP authorizes and requires regular vegetation maintenance in a manner that directly conflicts with the goal of the ordinance. Unfortunately, the City's landscape/arborist consultant was not present at the commission meeting to oppose the request to add it to the overlay area in the first place. The 20+ remaining native trees at the southern end of the 10 acre site, coupled with the fact that it is a seed source for invasive exotic vegetation do not warrant inclusion of the entire property in the proposed overlay area. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP Questions/Comments transcribed from attendees/speakers at 12/8 Virtual Meeting, and City responses are provided below: Ms. Silvana Korik 1. Q: Concerned the ordinance will prohibit house additions or property improvements near trees. A: Ordinance does not prohibit additions or encroachment near trees unless these trees are located in the designated buffer area (within 10 ft.) This portion of the ordinance is a design guideline to aid in project planning. 2. Q: Concerned the ordinance will require property owners to plant more trees. A: properties with tree coverage meeting the minimum requirements in 826-40A. don't need to plant more trees. Tree replacement or installation is only required for properties which fall below these minimums. Nearly all properties within the overlay limit currently exceed these minimum requirements. Mr. Sean Ritterman 1. Q: What makes the ordinance able to enforce/go around state law? A: The ordinance sets an elevated minimum standard for tree canopy coverage in the overlay area. This minimum standard is not directly tied to the permissions needed for removing trees. State law still applies to dangerous trees. 2. Q: City inspection of properties — has it happened? A: No — only for properties which have obtained permits from the City for site improvements or modifications. 3. Q: Good vs. Bad arborists based on opinion? A: Addressed separately in companion document. 4. Q: Dania Pointe? Why not required same? A: Addressed separately in companion document. 5. Q: Why do neighbors have a say on how owners manage their properties? Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP A: They don't other than via code -related complaints to the City when a perceived code violation is observed. Every person in the community can express their concerns and can convey their concerns or requests for a new ordinance to the Mayor and City Commission. 6. Q: Insurance riders? A: There should be no change from existing insurance terms as a result of this ordinance. 7. Q: Ordinance doesn't stop cutting of trees under house bill A: It does not stop cutting of "dangerous" trees via House Bill. It only seeks to disincentivize excessive removals of mature trees because more and larger replacements would be required to restore compliance with minimum landscape standards. 8. Q: Septic tank additive costs? A: Property maintenance activities like septic tank, underground plumbing, or electrical line repairs are not impeded or made more costly other than to encourage preservation (rather than costly removal) of mature trees whenever possible, and to require proper techniques be used to execute construction activities. 9. Q: Not allowing variances? A: Addressed separately in companion document. Ms. Levtov 1. Q: FPL Lot removal — why? A: Addressed separately in companion document 2. Q: Arborist corruption? A: Addressed separately in companion document 3. Q: Not clear how minimum landscape standards mitigates corruption of arborists. A: By ensuring even properties which inappropriately use the house bill to remove all trees on a property will still be required to have a minimum of six installed trees with a minimum height upon installation of 16'. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP Jessica 1. Q: Hard Rock beautiful? How was that allowed? A: Sovereign/tribal lands must only satisfy Federal regulations and do not need to satisfy State or local municipality regulations. The tribal lands for the Hard rock are not within the jurisdiction of the City of Dania Beach. 2. Q: Doesn't want HOA—wants property rights? A: No HOA exists in the overlay area, but all properties are already subject to the City's Planning and Zoning regulations, including tree preservation and landscape ordinances. This is the standard for all single- family properties not located in planned communities. 3. Q: How did FPL lot get removed? Doesn't seem legal. A: Addressed separately in companion document 4. Q: Concerned ordinance is not enforceable A: Enforceability is expected to be analogous to the existing Tree Preservation and Landscape Codes. Non-compliance must occur, evidence must be obtained, and case presented. 5. Q: Wants park built on FPL lot A: City does not own the FPL property. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP OUTLINE OF MAIN POINTS RELATING TO PROPOSED ORDINANCE • City has an existing tree preservation ordinance (Article 825), and a landscaping code (Article 275). o Tree preservation code would typically guide/regulate removal of mature native trees but has been compromised by House Bill. o Landscaping Code still offers some ability to oversee tree coverage within the neighborhood • Recognizes unique nature of the forest community in this particular area as a part (circled in blue) of the largest and most intact native tree hammock in the City (Circled in red below). o Warrants true consideration for long term management principles. o Treats tree canopy and health of the forest community as a collective asset to the neighborhood. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP o Other areas throughout the City do not approach the density and continuity of tree canopy coverage within this overlay area. o Not appropriate to apply to other areas of the city with much less existing tree canopy. • 2 primary goals of the ordinance o Discourage improper use of House Bill to clear healthy mature trees o Promote management of tree resources from a safety -focused perspective recognizing the synergistic benefits of it remaining intact • Ordinance has much greater effect on redevelopment projects than on existing residences o not intended to burden existing residents; o intended to help encourage new neighbors to manage property's in a manner consistent with the surrounding areas • Removal of healthy trees weakens the surrounding forest o Openings in the canopy invite windstorm damage similar to how a wound invites infection o Keeping the tree canopy intact improves its buffering and storm resistance. • Increased minimum landscape standards is important o the existing code only requires 3 small mitigation trees which is adequate for areas with minimal vegetative coverage, but would not be sufficient to restore consistency with surrounding area in the Oak Hammock overlay district. o The proposed overlay standards ensure some degree of canopy continuity can be restored or maintained even when entire properties are cleared without City approval. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP Questions/Comments transcribed from attendees/speakers at 12/8 Virtual Meeting, and City responses are provided below: Ms. Silvana Korik 1. Q: Concerned the ordinance will prohibit house additions or property improvements near trees. A: Ordinance does not prohibit additions or encroachment near trees unless these trees are located in the designated buffer area (within 10 ft.) This portion of the ordinance is a design guideline to aid in project planning. 2. Q: Concerned the ordinance will require property owners to plant more trees. A: properties with tree coverage meeting the minimum requirements in 826-40A. don't need to plant more trees. Tree replacement or installation is only required for properties which fall below these minimums. Nearly all properties within the overlay limit currently exceed these minimum requirements. Mr. Sean Ritterman 1. Q: What makes the ordinance able to enforce/go around state law? A: The ordinance sets an elevated minimum standard for tree canopy coverage in the overlay area. This minimum standard is not directly tied to the permissions needed for removing trees. State law still applies to dangerous trees. 2. Q: City inspection of properties — has it happened? A: No — only for properties which have obtained permits from the City for site improvements or modifications. 3. Q: Good vs. Bad arborists based on opinion? A: Addressed separately in companion document. 4. Q: Dania Pointe? Why not required same? A: Addressed separately in companion document. 5. Q: Why do neighbors have a say on how owners manage their properties? Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP A: They don't other than via code -related complaints to the City when a perceived code violation is observed. Every person in the community can express their concerns and can convey their concerns or requests for a new ordinance to the Mayor and City Commission. 6. Q: Insurance riders? A: There should be no change from existing insurance terms as a result of this ordinance. 7. Q: Ordinance doesn't stop cutting of trees under house bill A: It does not stop cutting of "dangerous" trees via House Bill. It only seeks to disincentivize excessive removals of mature trees because more and larger replacements would be required to restore compliance with minimum landscape standards. 8. Q: Septic tank additive costs? A: Property maintenance activities like septic tank, underground plumbing, or electrical line repairs are not impeded or made more costly other than to encourage preservation (rather than costly removal) of mature trees whenever possible, and to require proper techniques be used to execute construction activities. 9. Q: Not allowing variances? A: Addressed separately in companion document. Ms. Levtov I. Q: FPL Lot removal — why? A: Addressed separately in companion document 2. Q: Arborist corruption? A: Addressed separately in companion document 3. Q: Not clear how minimum landscape standards mitigates corruption of arborists. A: By ensuring even properties which inappropriately use the house bill to remove all trees on a property will still be required to have a minimum of six installed trees with a minimum height upon installation of 16'. Q&A FOR JANUARY 5 TREE PRESERVATION OVERLAY WORKSHOP Jessica 1. Q: Hard Rock beautiful? How was that allowed? A: Sovereign/tribal lands must only satisfy Federal regulations and do not need to satisfy State or local municipality regulations. The tribal lands for the Hard rock are not within the jurisdiction of the City of Dania Beach. 2. Q: Doesn't want HOA — wants property rights? A: No HOA exists in the overlay area, but all properties are already subject to the City's Planning and Zoning regulations, including tree preservation and landscape ordinances. This is the standard for all single- family properties not located in planned communities. 3. Q: How did FPL lot get removed? Doesn't seem legal. A: Addressed separately in companion document 4. Q: Concerned ordinance is not enforceable A: Enforceability is expected to be analogous to the existing Tree Preservation and Landscape Codes. Non-compliance must occur, evidence must be obtained, and case presented. 5. Q: Wants park built on FPL lot A: City does not own the FPL property. QUESTIONS SUBMITTAL FORM CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SEA IT. UVE IT. LOVE IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP. January 5, 2021 at 5:30 Rm. Alexandra Folleco PRINT NAME: ADDRESS: 1059 SE 6th Ave Dania Beach, FL 33004 PHONE NO. (optional): PLEASE ENTER QUESTIONS ON THE LINES BELOW: How will the Mayor and the City Commission prioritize the best interest and community values of Dania Beach residents in various possible decisions of the Oak Hammock Trees Ordinance? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, LOBBYIST REGISTRATION IS REQUIRED, PRIOR To ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFT..GOV. (ORDINANCE 112012-019; AMENDED BY ORDINANCE #2019-019) 11fislWdxalmterrazas\My Docum mAProcedureACity Clerk Forms\PUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTEMON OVERLAY ORDINANCE WORKSHOP.doc 1:— asrdi�t�j QUESTIONS SUBMITTAL FORM e , CITY COMMISSION VIRTUAL' WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SSA IT. UVG R. LOVI IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January S, 202I at 5:30 u.m. Alexis Guillen PRINT NAME: ADDRESS; 4410 SW 26th Ave, Dania Beach, FL 33312 PHONE NO. (optional): 3058043309 PLEASE ENTER QUESTIONS ON THE LINES BELOW: I am a member of the city's the Green Advisory Board and took a tour of SW 37th Ter, SW 37th Ave and SW 36th Ter in early December. It is my opinion that the natural beauty of the Oak Hammock area is unmatched in Dania Beach, however my involvement today stems from a serious concern about the removal of natural barriers that prevent flooding in our community. Questions: 1- Is the city aware of the EPA's position on the impact trees have on mitigating storm water runoff? https://www.epa.gov/soakuptherain/soak rain-trees-help-reduce- runoff#:—:text=Their%20leaf%20canopies%20help%20reduce,the%20soil%20that%20promote %20infiltration. Also https://www.fs.fed.us/research/docs/Webinars/urban-forests/give-me-the- num bers/U FC Feb20l7_KuehlerS lides.pdf 2 - Is the city aware that one mature large canopy tree, such as a live oak, can intercept thousands of gallons of runoff annually? https://www.state.sc.us/forest/gic-stormwatersum mary12.pdf 3 - How is the city planning on incorporating trees in it's storm water management plan? 4 - How much is the city planning to spend on store water mitigation in the Oak Hammock area? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSTTE: WWW.DANIABEACHFL.GOV. (ORDINANCE #E2012-019,AMENDED BYORDINANCE #2019-019) \\fs lWata\mtMWaSNMy Documn0proccdure0aty Cleric Fo mOPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WO�RKSHOP.doc �3°�' 12/28/2020 �' QUESTIONS SUBMITTAL FORM "k;;� CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SEA IT. LIVE R, LOVE IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January 5, 2021 at 5:30 pan. Andres and Italia Folleco PRINT NAME: ADDRESS: 1059 SE 6th Ave - Dania Beach FL. 33004 PHONE NO. (optional): 954-559-3846 PLEASE ENTER QUESTIONS ON THE LINES BELOW: Dear Major James and City Commissioners, Thank you for representing us, the citizens of Dania Beach. Our question regarding the sad situation of the "Hammock Tree Protection Ordinance" is the following: As Mayor of our City, and as our City Commissioners, how do you personally feel about the impact of the removal of these trees on the property value of our community, besides the physical looks? How do you think the community will view your decision is not to support this ordinance? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. i i i i. i i i r min i r rrrr�.rr i.+rrr� i i i r, r rrr�,rrnr LOBBYIST REGISTRATION IS REQUIRED, PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS (S250.00) REGISTRATION PEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CrrY WEBSrTE: WWW.DANIABEACHFL.GOV, (ORDINANCE #20I2-019;AMENDED BYORDINANCE #2019-019) 1%f 0datalmtmwasWy DocumcntAProccduros\C by Cleric FormsTUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.doc 1:701 /03/2021 QUESTIONS SUBMITTAL FORM 3 CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SEA It LM R. LOVE It The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this farm no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January 5, 2021 at 5:30 pan. PRINT NAME: Boruch Igal Hatanian ADDRESS: 5911 SW 36 Ter, Dania Beach FL PHONE NO. (optional): 3474631369 PLEASE ENTER QUESTIONS ON THE LINES BELOW: Question 1: If the main point of this ordinance is to prevent "bad" arborists from writing fake reports in order to take down these trees, how will this new ordinance prevent them from doing so? It seems the owner can still get an arborist report, have him write the tree is dangerous and have it removed, without an intervention from the city. This ordinance is pointless if it cannot take care of the main issue on hand. Maybe we should focus more on the arborist itself than adding undue stress to homeowners for this ordinance? Question 2: Why would the ordinance cover our block on NW 36th Ter where there are not a lot of trees to begin with and almost all of the neighbors are against the ordinance? Question 3: Why is the ordinance only targeted to the three block radius instead of the entire Dania Beach as a whole? Why should we be the only ones suffering? Question 4: If these rules actually take effect, will Dania Beach County accept fault and responsibility for a protected oak limb that fell onto someone or property and was not removed due to this ordinance? Question 5: If this ordinance must be approved, why would Dania Beach cover the costs of the pruning and updating of these protected oaks? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($230.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) W$ lkiaM\mta=asWy Documents\ProceMres\Ctty Clcrk FormsIPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.doc � �4�� 01 /05/2021 QUESTIONS SUBMITTAL FORM M, CITY COMMISSION' VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SEA IT. LIVE IT. LOVE IT, The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January 5, 2021 at 5:30 ip PRINT NAME: Harvey Sepler ADDRESS: 5840 SW 37 Terrace ft Lauderdale FI 33312 PHONE NO. (optional) : PLEASE ENTER QUESTIONS ON THE LINES BELOW: Are you aware that live oaks can absorb and store 92 pounds of carbon a year with a mature tree's canopy spanning more than 100 feet and that many cities are planting native shade trees to meet their goals of becoming carbon neutral? Will the ordinance help with Dania Beach becoming a carbon neutral city in the future? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A 'VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING W ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEB SITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCEI#2019-019) \Vs lkiatalmt==as\My DocumcntslProcedums\City Clerk FormAPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.dac Ray,Oly3B0)BObtle6l3aBBB'lfBabcC3�.,�---i 01 /03/2021 QUESTIONS SUBMITTAL FORM r� CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA 6EACH SEA IT. UV; IT. LOVE IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: januar_y„5, 2021 at 5:30 a.rn. PRINT NAME: Jim Rizzo ADDRESS: 5821 SW 37th Avenue, Fort Lauderdale, FL 33312 (Daiia Beach) PHONE NO. (optional): PLEASE ENTER QUESTIONS ON THE LINES BELOW: Question 1: Cities, counties and special districts all across the country have zoning, building and planning standards that affect what residents can and cannot do with their real estate property. • What is the community rationale for being allowed to impose those standards? • In other words, why do governmental entities have such standards and rules? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING. AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #Wt2-019; AMENDED BY ORDINANCE #2019-019) 11fs 1\datalmt==asWy Dacum msWrocedureACity perk Forms\PUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.doc ., ° °° °°•• ° • 3� 01 /03/2021 QUESTIONS SUBMITTAL FORM CITY COMMISSION VIRTUAL WORKSHOP r. OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SCA IT. LIVE ff. LOVG IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: janum S. 2021 at 5:30 part. Martha Brodie PRINT NAME: ADDRESS: 5840 SW 37 Terrace, Ft Lauderdale, FI 33312 PHONE NO. (optional): PLEASE ENTER QUESTIONS ON THE LINES BELOW: Are you aware that that West Palm Beach is spending 9 million dollars to plant shade trees on three blocks on Clematis Street to cool the streets and that many cities are using green infrastructure to deal with stormwater runoff? Since the ordinance imposes large fines on those who illegally cut down the trees in the hammock and requires minimum landscaping, do you think the Ordinance will save the City and its taxpayers money in stormwater runoff and treatment costs by discouraging people from illegally removing trees and having them replant when they remove too much? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($230.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER, REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSrrE: WWW.DANIABEACHFLGOV.(ORDINANCE #2012-019;AMENDED BYORDINANCE #2019-019) \Vs BdOlAlmt0masWY DooumeMAProcedureAlCity Clerk FamAPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE wORKSHoP.cbc ' :: QUESTIONS SUBMITTAL FORM CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SEA IT UVG It, LOVE It The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January 5, 2021 at 5:30 pm. PRINT NAME: Michael Jofe ADDRESS: 5880 SW 37th Terrace, Ft Lauderdale, FL 33312 PHONE NO. (optional): (954)445-6800 PLEASE ENTER QUESTIONS ON THE LINES BELOW: !) Are you aware that there are multiple computer models developed by the US government and academic research centers that were developed specifically to calculate the value of urban forests to decreasing and filtering stormwater runoff? Do you think that by helping to preserve the trees in the oak hammock and requiring minimum landscaping, the Ordinance will save money for all the residents of Dania Beach? 2) Are you aware that there are cities that provide credit for planting and leaving trees in place during development because in the long run It saves the cities so much money in dealing with stormwater runoff and stormwater treatment? Why wouldn't Dania Beach want to do it's best to try to protect the urban canopy we have now by disincentivizing builders and homeowners from taking down trees, as this ordinance does, rather than paying to plant trees later? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER, REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACRFLGOV,(ORDINANCE #120I2-019,AMENDED BYORDINANCE #2019-019) 11fs IWxalmtm =asli+vly Documcats\Pron&rc aty Cleric FormsIPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.doc L "�N/� .b 01 /03/2021 QUESTIONS SUBMITTAL FORM CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA 6EACH SEA IT. UV6 IT. LOVE IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January 5 2021 at 5:30,p.m. M PRINT NAME: ichael Jofe ADDRESS: 5880 SW 37th Terrace, Ft Lauderdale, FL 33312 PHONE NO. (optional): PLEASE ENTER QUESTIONS ON THE LINES BELOW: To the Commissioners: Are you aware that this ordinance is currently being considered as a model ordinance by sustainabllity coordinators around the entire state as a way to mitigate the effects of FL Stat 169.045 in their cities? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING. AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER, REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #Wt2-019;AMENDED BYORDINANCE #2019-0I9) AA IWatalmtc=aslMy Docurneot0rocedureAlCSty Clark FormsIPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.doc �idEa�G `y-tprxt2d �vfs 01/03/2021 QUESTIONS SUBMITTAL FORM CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SEA IT. IN; rr. LOYS IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January 3z2021 at 5:30 pan. Michelle Nadel PRINT NAME: ADDRESS: 5861 SW 37th Terrace PHONE NO. (optional): PLEASE ENTER QUESTIONS ON THE LINES BELOW: What was the basis for excluding the private 10 acre parcel behind SW 37th Terrace? This was the contentious property which helped to start a petition to begin with. It was initially omitted and then added and then removed without any discussion. It is very clear to all who pass the propertthat despite all of the invasive vegetation having been removed, it still constitutes the edge ofythe tree overlay with dozens of oaks. It is well understood that the FPL easement allows that entity, FPL, to remove trees and vegetation, but the remaining land is private residential property and it appears to be discriminatory to include adjoining properties but exclude this property. In fact, even those who oppose this very ordinance, have expressed dismay at the removal of this property from the ordinance. Is it only with an attorney that residents' voices can be heard?! ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACrIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE. W W W. DANIABEACHFL.GOV. (ORDINANCE #20I2-019;, AMENDED BY ORDINANCE #2019-019) ftPdatalmterruaslMy DocumentsTrocedureACity Clerk Faams\PUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.doc �— �., 01 /04/2021 QUESTIONS SUBMITTAL FORM 'r:,` CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA NEACH SEA IT. LM IT. LOY6 IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP; January S. 2021 at 5:30 a.m. Moshe Laniado PRINT NAME; ADDRESS; 5960 sw 37th st, Dania beach PRONE NO. (optional); PLEASE ENTER QUESTIONS ON THE LINES BELOW: Is there a quantifiable criteria for applying the new zoning overlay, i.e. #number of trees per acre, x number of residents per block who request it, etc? This would be very productive in determining how this ordinance should be applied throughout the city without arbitrary discrimination of one area or another. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSTTE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012419; AMENDED BY ORDINANCE#2019-019) 11fs IWatalmtm=as\My DocumentsTraceduroACity Clerk FarmAPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WO�RKSHOP.coc E— 01 /05/2021 QUESTIONS SUBMITTAL FORM CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH S9A It UYG R. LOY6 IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: january 5, 2021 at 5:30 p.m. PRINT NAME: Robin and Justin Nowling ADDRESS: 5850 SW 37th Avenue, Dania Beach, Florida 33312 PHONE NO. (optional): PLEASE ENTER QUESTIONS ON THE LINES BELOW: Will the city of Dania Beach work with Hollywood and unincorporated Fort Lauderdale to collectively preserve this Oak Hammock as it runs through each of our communities? (Stirling Road north to Riverlandl). ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACnVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($2".00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER, REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSiTE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019, AMENDED BY ORDINANCE #2019-019) l%Pdatalmrm=xsWy Docunxnt0roceduie-ACity Clerk FarmsTUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVER LAY ORDINANCE WORKSHOP.dw ¢ °���°��°°4e693���•M°=� 01/03/2021 QUESTIONS SUBMITTAL FORM .e. CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE DANIA BEACH SEA IT. LIVE IT. LOVE IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: ,January 5, 2021 at 5:30 pan. Sean Ritterman PRINT NAME: 5881 SW 36th Ter ADDRESS: PHONE NO. (optional): PLEASE ENTER QUESTIONS ON THE LINES BELOW: Why can't specific streets be removed the same way the fpl lot was removed? Why is there a flat out denial on requests for variances? Are there any actual other ordinances that go this far for private property ordinances? M are on private land which means the aesthetic aspect doesn't benefit anyone besides those that live on these streets. We own the street in front of our house which makes it not a thruway or public pass through. this means it doesn't impact the public for beautification. the flooding aspect which has been around for many years and is not being mitigated by the large number of trees as well as the environmental aspect Is a public benefit. The city has already stated this is for a public purpose many times. Has the city considered the financial impact? Line items of HB 1159 references other state law and states the below: 4. The right to dispose of your property. 6. The right to just compensation for property taken for a public purpose. 7. The right to relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property. Is the city requiring new developments to plant a number of the trees we are being required to? If not, why not? Dania point for example doesn't seem to have many trees at all. It's huge? why weren't they required to add in a massive amount of trees, and why isn't the city retroactively requiring it the same way they are requiring us to add after the fact? Over many meetings we have heard how there are so many arborists out there that are shady and have their own agenda, e.g. money. What makes the city arborist any better or have less of an agenda? how is this different than going to a doctor? some doctors are stricter in their ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WrM THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSrTE: WWW.DANIABEACHFL.GOV. (ORDINANCE#2012.019; AMENDED BY ORDINANCE#2019-019) UVs 1Vdatalmra=as\My Documcats\Proce&zcACCity Clerk FormsIPUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OVERLAY ORDINANCE WORKSHOP.doc ­d - .d,. 01 /01 /2021 QUESTIONS SUBMITTAL FORM CITY COMMISSION VIRTUAL WORKSHOP OAK HAMMOCK TREE PROTECTION 1i OVERLAY ORDINANCE DANIA BEACH SGA IT. LIVE IT. LOVE IT. The City Commission will take questions from the public to be answered at this virtual workshop only via submission of this form. Please complete and submit this form no later than January 3, 2021. DATE OF COMMISSION WORKSHOP: January 5, 2021 at 5:30 pin. PRINT NAME; Stephanie Jofe ADDRESS: 5880 SW 37th Terrace, Ft Lauderdale, FL 33312 PHONE NO. (optional): (954)292-3030 PLEASE ENTER QUESTIONS ON THE LINES BELOW: 1) Are you aware that according to Dr. Andrew Koeser from the University of Florida Gulf Research Lab, a specialist in Urban Canopies. the canopy in Dania Beach (of which we are the largest part), saves the City approximately $200,000 a year in stormwater runoff and treatment?" Since the Ordinance would require minimum landscaping standards and require replacement of invasive species with a proscribed amount of native understory, do you think this ordinance will save the City and its taxpayers money? 2) Are you aware that canopied streets are six to ten degrees cooler than non -canopied streets and that the National Oceanic and Atmospheric Administration found that areas covered in concrete with few trees could be 17 degrees warmer than shaded areas? Therefore, do you think that by discouraging people by imposing large fines for cutting down trees illegally, without the proper paperwork, and requiring people to trim their trees properly so the trees don't get sick and die, the ordinance will help preserve trees in the oak hammock and end up saving all the taxpayers of Dania Beach money by keeping their houses cooler, making their air healthier to breathe, and keeping down our insurance rates since the trees also buffer us from wind in a hurricane? ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LUBSYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSI TE; WWW,DANIABEAQHFLGOV. (ORDINANCE #2012-0I9;AMENDED BYORDINANCE #2019-019) \Vs 1Watalmtcr u=Wy Documcnts\Froce&rcACity Clerk Fo ms\PUBLIC QUESTIONS FORM FOR OAK HAMMOCK TREE PROTECTION OV;,ERLAY ORDINANCE WORKSHOP,doc reo�caocce 01 /03/2021