TO: Planning and Zoning Advisory Board
FROM: Lori Barnes, AICP, CMP, Deputy Director, Development Services Department
TITLE: Consideration of an Amendment to Section 6.1.3. of the Unified Land Development Code to Provide for Consolidation of the Revenue Account Formerly Known as the Tree Fund into the Environmental Protection Fund
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Recommended Action
Recommend that the City Commission approve the amendment to Section 6.1.3. of the Unified Land Development Code via Ordinance No. 2026-11 and find that the amendment is consistent with the North Port Comprehensive Plan.
Planning and Zoning Advisory Board Options
Motion to Approve: I move to recommend that the City Commission approve the amendment to Section 6.1.3. of the Unified Land Development Code via Ordinance No. 2026-11 and find that the amendment is consistent with the North Port Comprehensive Plan.
OR
Motion to Deny: I move to recommend that the City Commission deny the amendment to Section 6.1.3. of the Unified Land Development Code via Ordinance No. 2026-11 and find that the amendment is not consistent with the North Port Comprehensive Plan for the following reasons:
[Include Comprehensive Plan Goals, Policies, and Objectives with which findings indicate inconsistency]
Background Information
On February 22, 2022, the City Commission adopted Ordinance No. 2021-46, establishing the tree fund and providing that all administrative costs, fees and penalties collected as part of enforcement of the tree protection regulations be placed in said fund. Under Sec. 45-13.B. of the 2010 Unified Land Development Code, the City Manager or designee shall have the authority to disburse funds for the continued management and maintenance of the City's tree canopy. Projects may include: Planting trees in public places, up to fifty percent (50%) support of the Arborist and Tree Crew, resources needed for the management and maintenance of the City's tree canopy, maintaining tree health and safety on public lands within the City, tree education, planting and conservation programs.
On August 6, 2024, the City Commission adopted Ordinance Nos. 2024-13 and 2024-14, which ordinances adopted a new Unified Land Development Code to be effective on October 28, 2024, Section 6.1.3. of the Unified Land Development Code establishes the environmental protection fund providing that administrative costs, fees, and penalties collected as part of the enforcement of Chapter 6 - Natural Resources be placed in said fund. This fund may be used to support the operations of the Natural Resources Division of the Development Services Department and for the following purposes: acquisition and ongoing maintenance of environmentally sensitive land, acquisition of land for sustainability projects, planting trees in public places and maintaining trees to protect health and safety on public lands in the City, tree education, planting, and conservation programs.
With adoption of Ordinance No. 2024-13, the clear legislative intent to rename the tree fund to the environmental protection fund and consolidate the tree fund balances into the environmental protection fund was not established in Section 6.1.3. of the ULDC. Adoption of this ordinance will allow expenditure of revenues under the former tree fund for the purposes outlined for the environmental protection fund per Sec. 6.1.3. of the current ULDC.
Attachments:
1. Ordinance No. 2026-11
Prepared by: Lori Barnes, AICP, CPM, Deputy Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department