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Home My WebLink About2010 03 08 Public Hearings 500 Second Reading and Adoption of Ordinance 2010-04 Amending the City's Tree Code CITY COMMISSION ITEM 500 Information Public Hearing X Regular March 8, 2010 Meeting / gr. / pt. REQUEST: The Community Development Department and City Attorney request that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2010 -04, amending the City's tree code to address energy devices based on renewable resources. SYNOPSIS: Recently, a resident made the City Commission and staff aware that he recently installed solar collectors to provide energy to his home (See City Commission Jan 25, 2010 Agenda Item 604.2). In light of this information, the City has had to consider the impact the installing of solar collectors may have on provisions of the City's tree code. Florida law preempts municipal ordinances that prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. In light of the above, the City Commission should consider a legislative amendment to the City's tree code. CONSIDERATIONS: APPLICABLE LAW AND POLICY Section 2 (b), Article VIII, of the State Constitution. Florida Statute 163.3194 Legal Status of Comprehensive Plan Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 5. Winter Springs Comprehensive Plan Section 163.04 prohibits governing bodies from adopting ordinances that prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. The current tree code does not expressly address renewable energy devices, and the recent situation with a resident has brought this issue to the forefront. Given the current climate of green policies and initiatives, the impacts of this statute on municipal ordinances (including the tree code) may become more prevalent in corning years. The City Commission may wish to proactively address this issue to March 8, 2010 Public Hearing Item 500 Page 2 of 2 facilitate the intent of the statute, which encourages renewable energy devices. The draft ordinance as written expressly provides criteria and review standards that address section 163.04, Florida Statutes. The City Attorney indicates that the legislative intent of the statute is to prohibit driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. It is the City Attorney's opinion that section 163.04, Florida Statutes is not intended to strictly prohibit the application of all municipal ordinances. However, given the current statutory language and the lack of legal authority interpreting the same, it is difficult to discern when the statute would preempt a municipal ordinance. The draft ordinance addresses this difficulty by authorizing trees to be removed when trees prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources and by waiving the requirements for tree replacement and tree bank contributions. During its consideration of this item at First Reading, the City Commission voted to move the item to Second Reading, retaining the term "clothesline" in the ordinance. FISCAL IMPACT: Given section 163.04, Florida Statutes, the draft ordinance may have a negative impact on future tree bank contributions. COMMUNICATION EFFORTS: Jan. 24, 2010- Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing P &Z/LPA Agenda Item posted in City Hall and on the City's website Feb. 3, 2010- Public Hearing before the Planning & Zoning Board/Local Planning Agency Feb. 22, 2010 -1st Reading & Public Hearing before the City Commission Feb. 25, 2010 - Public Noticing in the Orlando Sentinel 10 days before Adoption Public Hearing Mar. 8, 2010 -2nd Reading/Adoption Public Hearing before the City Commission Commission Agenda Item are posted at City Hall and posted on City's Website RECOMMENDATIONS: P &Z/LPA Recommendation - The Planning & Zoning Board/Local Planning Agency held a Public Hearing on Ordinance 2010 -04 and after much discussion, voted unanimously (5 -0) to recommend adoption of the draft ordinance with the language amended, removing the term "clothesline ". Staff Recommendation - The Community Development Department and City Attorney recommend that the City Commission hold a Public Hearing for Second Reading of the ordinance, consider the recommendation of the Planning & Zoning Board, and make any changes to the draft ordinance deemed appropriate before adopting the ordinance. ATTACHMENTS: A Noticing in Orlando Sentinel B Planning & Zoning Board/Local Planning Agency Minutes- February 3, 2010 C Text of section 163.04, Florida Statutes D Ordinance 2010 -04 4 . ATTACHMENT A Orlando Sentinel sE SUNDAY, JANUARY 24, 2010 J7 . • ..,. BI E D DING HOUSEHOLD G RTO I T y pOAF(61 N {PEpSOEUTI . N9 G A M E dACKEO CAN "i INCCOCTI T RPORAAI ITINTO 1y Sd Notices ORE, TOOLS C SEVE AND AH T FURNI T • LCKS EARS R LO C QN NUM 00 48 F T TH �Rt F T TAE OR VE IVISION NU ER :.37 TH E i THE EIGHT TH TOOK AL O I LO AT LIEN SI.E • AN ORI tf t` F HE CITY CIRCUIT IN AN FOR SEMI E 5 RESERVE TH£ RIG IN RE: PORFEITURE IP C ISSION • E�CItY OF pp CCC T • BID ON UNITS. 51,207.00 IN U.S. CURRENCY . W EDRNSPR NGy L,V NOLE COUNTY, FLORI A, IE a A{E G A • r 1 N L T I S p T N O F P£ Cole No G9-CA3�7514K TH PR MLSES O N H E SVS3 t O • P L AIN TF OF FORFEITURE COM A N T OH trioU IN THE W • GENERAL IT ORPORATION, TIME OF SALE B AT TH• • 229 N pAyRyRENCCEE D RELAT 201,10 NElN�11 C . • o Delaware corporation, ONLY. MELBOURNE FL T IO S P FOOR THEE ' Plaintiff, . P R AqL.MINI STORAGE : OF (t INSiSTEE T OR• CROWN p � R R L IDGE STORA E FORS�H and oil others who Gift an Inter-* DI E A N t D RESOLUTIONS,' 11,207.00 in Reo lbility ca po.• Y, Defendant. WINTR PARK. FL 32792. 21st'dda vms seller:I on or Ma November',.. , of 4r coF IV •T1': ND AN 1 NONCE Of SALE OLS105707 In7, 24, t r Delhi Street and Comas t E mi..:a T lit C ��F0 piety Organ 3 I ni Florida. l tty a. AN OR iO F THE C TY Notice is hero* given ursua t 112 T he 3 o rIIf oaf Ora, County. A IN E R NGS FI� ' the Final ( Judgment of FFaetreeds a : : I.t i i Complaint far forfeit a brio been AAM D GGp CRITERIA ANO ooder that l w the (berg• oIoing ass IN TI COURT •• - -fired in the above-styled �' E REE IE y R W � } ' 1 ST p ANDAR FOR A / • .. p C r o unty tF sell situated in. S d as 1d- IN A NO FO R J ORANGE COUNU do t wing serviced COad that the to the *o )4 L44 N T PE S c r io N sedated t lows, an Rle eat Property as FLORIDA • bee s 13 Florida r January. BASED ON E 1WAB S CASE NUMBER: R: 35 21140 2010 LOGS O T P RE B REP • See Exhibit 'A• attached hereto DIVISION NUMBER: 35 F E al I bidder Lo highest and {N RE: FORFEITtRE OF AI M x MENT W I R R I NG t bi on F 51,15Re:IN U.S. CURRENCY Florida Bar M No. eCroUnP FOR THE /4 F AL OF PR O bes RS 200 of 11:00 o.m. in ROOM 5201 ' Assistant nsN INCON515 N ORD N • in0� County Court Hw00, 301 NONCE OF ACTION LLeeggaapa5�� s ON . RATI R INTO THHEE S Nom: The ye .110 1 bidder rd Flortdo .T0 1 L BUSH 2599 Colonial Drive ERABI [Ty; AND AN EFFEC• • 7 a1 4 bidder ent teat 771700 Mt TE, medlolelY ! lowing the a post {J0 , 3. 2010 AT with the clerk a Public the Orange it walla YOU ARE NOTIFIED tpal an lire percent 596) 0*( t he Ikwl bid Hon a o the Florida Co 0L51045842 1n7,242010 00 ti' - ,. ■ T depot! MINI 0 cash or t f r po artv l eln Act has „ ,rrrw i ' ya etoClerkof f1d 1 N by Canty NOTICE OF 015/1111311 ,I . Court. Final payment must be NY Office on the maiming pro ''el . made t a 2:00 p.m. oat* In Orange County, FL: 54 0 00 date an sale by cosh, moat/ qr- 0p U.S. Corrotc se en or h -- agit o . der or cashier's check. • 't Slh do a S 2009 ' '?r 1 ti �" The M propaed ordinances may be r near X lachua • 5treel and I . • $ N ES .at t luiupec by meow parties ANY PERSON CLAIMING AN N- QoIden R Orlando, Or , • • C Commi of ■ a.m at S TEREST IN . �tdynoay • DIE SURPL S County, tor County F tdo. You are renew Seminol its through Friday , p I s FROM THE SALE IF ANY OQT (a serve a copyy at wWy � en ii fi Florida Florid eld on the I'Jth owes Of gs 01 26 East ER THAN T(•LF_ PROP Eg fl If any, to the Assistant n day of Jniwairr, 2010 pu en' rit on_ 1 14 S. ate Road . 3/, ter Springs, THELALIS AS OF MUST F I L E S h her (' 00Itcce,Lipoi S / a miry' cnd t o R l Y Ooss pgI loud da . A (LAW WITHIN 40 OAYS.AF• rivvtt Orly o NM•fallowia: B F� �rg�g�e inlarmatian calf (40 TEN THE SALE. p� t jl° lion n N D e tl a DESCRIPTION D7 t800 t 7 Px M onc 00 dOtarfic� • DATED: January l2 2010. wi h t h e Jerk oof0aa(111is0 court O RM fay ng 04 l p q • MARY tt Court SE toaalhesy9a o de/0 wil THAT EppIRSLLANNpt AVENUE a 0 le e P 00AarC1 atfine n f W 00 P d O at Y Mary Sir** ea, n the Pe�(or 001' Fine 4 • T BOU E LO L R W ��r. 236 AS 0 puIY clerk A SOUTH PRO CTI are pub, fMar tO 1 You mans of Faleiture. OF THE EAST LIN OF ( 112: to r 4a T F O R WIN AC cislole nay by eeemmellO5 the ma f F%IORIT'A' OTCE PERSON$ 00 T TS E AST NO E Y S OUT ON cy rd al fslktt to arty m 1EOAL D ESCNP 1t011 A11��PETT�N •r, OF T ( EE01 0 E i t t. t NE OF LLOT Yi .w . a r tit. g You qqpp k T T PORT ON D E NEW HA • T an far arc 4 h pu 04 r Parcel A: •t`� t4 t 0U' A T SH.RE A VENU E LYt SOU THH From the South V/ c of:5ec• t' TO 1 0 PAO ON" pF AN EASTERLLY E[T,1 t( r or o f re p roce edin 29 Ea uI,ru n hip 21 _ . will OF TH E N L N OF OT mad upon kh lte ogee., Ills • ' mmilneuutepu 01 seconds Wese a dua t? g YIS s. 01 51LT0Y05 *3 R OO F E D IN }„ f l f he may audio 00 0 01.. B egiani09,IMnce Nana 10 TM A F 0M PLi8LI I C REC S t meting � ioonc . e cl 00 degrees 22 minutes pi seconds '� 5LS10467s1 1/2 01 OA f H(C 1TOU . HOLE COUNTY, FLORIDA. . West plong, the Eost rt htaf•way II rill 16/11 CCAALLLL 4!010 (Inc of Nat Lake Bou a 10•5531711• By CIVIL Board of County Comm, • of cu of a curve, to concave 10 DATED this 12th day.. of Jan do, ft Mtb day a January, e the Sogguthheast. hav a central ace- 2010. 0 �, �0 0 0 BOARD 77�� g NEW AD PUICE9AFNT Slit 03 47 &VIM ands d aaMraddio* .5 fuel LYDIA C of the Con sIONER55 F SSEUMNINOLEOCOUR. Cali US said verve, a distmue of� CIVIL COURT SEAL kkkk th . e e Nm M in 0st m4autas BY: Kerry Cie a R . C uu q N Devtlt heat Anytime! feet l0 A aF 0�utIr 30,50 1101 Eat FIrsfa Street h curve concave to 1he Nnr1hw sl OLS1043021 lm, 24; 31, 22, Sanford Fl am Orlando Sentinel . r a a v e fIV,,Ci enuafe r o al angbe 0 0 d a m,ryE ra0as of 590.63 feeti thence North. J p 51500 Yt Y10a easterly along the arc of said ��R ORIOA 5 TBE �2y OF 01 OS a /E S Classifieds curve. a distance of 29.17 f)el; P0 BLIC I t. IOCAL . . • thence - 00 d.ereeo M minutes CASE • OIV s N MBER F P ( 1100 - • a e Co o d c S , o a yW il�ppR� IM RE: F RFEITURE.OF �p� q^ L re es4lm 6 0 fi s erands ba "0- HONDA AC Op CCORO.4.0o0R VIP AN ORDINANCE OF THE CITY Y4 hrs, 40 degrees 11 minutes 13 seconds IHGCFA546YA1S7691 • • P COMMISSION OF THE CITY OF B�ost, 0 dieta ce of 100.40 fe t WHAT 1 N5P T RI G5 LORMAI days/wk Irmo Nor 84 degrees amino ' NODS OF FWfE1119E CONPtAINT : 1 0 G ON0 0' fT G MAh tey�q� EEa So adistance re s p ES G TY O ��Np ING 365 days/yr 5 1 ,hence r,a st degrees 7 TitmiL moo pp RTY CO T I N R ir tee 39 second East a des- oN TWEN Y•SEVE 27 PARCELS taceMl31•65tub seconds Sou �og"!L - 0 TeD WIT1 ) pEERSON 7' G 5 • ' t d W a est . aa ddtlstan minutes S x4: O d 011 oll1 whoo CIOM " W p in ieP y IV T _O R Tgt i 1 4G 0 q, 1 M LLp [7[7 nee S 05.,,,nds E dE as i sson a of 5002sscb 0110p*1cIC NO GEN N A419 • 131. 1400- 6V7-J/J/ C4 YIN 1.1 F&5/6 A157691 I 0 G STATE R 119 8E• • 505.75 lees, 1 Id. Wo me T i(Of WINNTER. • 53 m nu r Via Gre(w, Orree scent SPRt O (jO E RIDA, AND MOR gfpNeg aa of . t0 I V da. S d 0gent, Pe IY Is in I `� A pE R EE1 ' eve iii? l ld� • Sern County; 311 IYF bm M h A ik is ter t ( 10 AND I T LLY I g O N � • The 9nI1 04 axCl ve ; C N ERCIA•• T Ft.3 •MULT • Postrunnow , OM m mid f he Pp} y tl m ! 1 tEATNy that this y N e ollk g( e (7 PRO THE • APPIIl • • mid to , Zia O JeY �902 r °rg sVereedo r o ( 11. n otd TE O t t OF PRIOR R SO • U1 sr P/BONI$lolt� • trim 3b, 1912, In 0M al Re p�� f} 1 N rt DIN�ApNCE S p - cards Bak t /05, Page 235 (t a 9&. 07, thle 13th day of tai L TIONS SEV ERAB(LIti Q Y, ND Mat lw M Oeclaraalim 11 as effected p arY - AN EF i1V GATE. ad � � . edaaggleet n.0ffk1o1 REemrdsBak 1660g8ft1 l4 An^4A0110 0 01 9/ 1011 AN ORO(NA CE 0 N0. E city FREI k A i! t'lekn inisaiw'0alte y Qui . " Fplaride Ba"Na WINTE R SIRI T E CITY OF NtaafNne Lake 2, CO anr General C WINTEA Giue1 Owne Asso tlan b acct Orate County SM7 1rfs OfC ►1 Np COSPRING W SCRE FLOR N 1 ...b. fal( • • 1 7l: ag e 113ar Of the P 1500 L C ' n l � C RE S WITHIN SIDE E Y 05 0 AR D S • � • Records of Seminole County. Fled. • ' FL r D TACT€ 51 � L $ AMILY entf t*tegNI da: ppredar�raun d d raietae and' ir ' ( . 111 TI6E R .3 F MU - . a. and line easements under rind 015046156 V24, P M.ILY OWE(,LIN DISTRICT •• ONU4 I'tr . • • across the Ora and Irrigation PROVIDING FOR THE REPEA I,aa Fnnemanl more emrtfr tarty r -; .. ,,... < , RNp -Hands on Persawl NBfICE W EB BCIiTgIK Y�ARS 0R LMEpREAFT(2 a. �I16E (BOiM1E 6 ME� �6N�6f TNiG IB TIE FDA f� E �A Po RAB�DA �TSIE � CODBT Hipp 0 TTHECEIGHITEo URT Tel B I Be erTlei074D� filiME THE DECEDENT'S DATE � 1 }l �' � �* ��NpL I RP OPOSES TO ADOPT � �i� � �� OHN1Y, F1.9B0 F ENTH JUDICIAL CIRCUIT, IN Iod�umeHQrolpo.com 70 R fdMf COiIC�1k OF DEATH IS BARRED. � FBHEST THE FOL{�OWING ORDI• ••ASE N0; 09-CA'003130-11 -K CASE N0: 09- CA "2903•U•G CASE N0: 09•CA-0p1794 -1+K CASE N0: 09•CA- 00264b• ApD FOR SEMINOLE Nof tt s 9ivan ttwt OF REOqp�� NANCE TO 7HE WIkTER g S E u'K COUNTY, FLORIDA M15C2I�at181)U5 t k 'F' 1 Nair�stm m� rtolke s F�ebr Hf NE10 ow�YMfNO A SNARNICNES CODE OF ORDI- �� BANK �fRV,CING I P �F� COUM• BAC HOME LOANS SERV• Cp4E -Np, U7.CA.ls)6•)e.i( ufe• Chtmter Jq 9 F fs brf• � 10M, t� PJi H0.1116Q n• p TIZATIpN LLC TRYWIDE HOME LOANS ICIN LP F� COUNTY• C Fmp�Oytllent v he v�� Cargo- P�rsona� RetxeseMat(ves: Notke b IrrebY semen tint CITYR p IN M AMC� S £ S 0� pNT�F JNKNOWN SPOUSEERO� �intitt, PbRntifflNG, LP. SERVICING L P 'LOANS LLC E H CCE E SSOR N BY GUI'Ei CLFANIYB 7Ep1 rotions, Cepariment of Re6xt Sooty LaRose tM Semi CoufHY Bo THE CITY OF L W�I R N TER - ONSUELO FERREIRA• BERTHA V UN• v US R C Pldnfitf, MERG 70 CHASE Na t VoWme Co. �i°k' Ho i F d tort�r p 8a ib n . p � P Raad, BCC) wUi C a µIENOfO CHAPTER m '►� ��•'c KNOWN T TENANI� U I N I• KNOWt1 SPOUSE OF •KATIE M. MCDONA p;CORPORA IT O�� E;m'd or wifl train. iicat o! thls Hocks, Nis �arirq onA� 75.2010 be• 2p kING TO . ALLOIA� ;iON. IN .,and anY un• UCKINGHAM ESTATE SUS R. COLON: UN- MORTGAGE ELECTR�N- prolntltt, k �' "�� B�iitrota mme to•wi : Mkhelie LoRose smniw at 1:30 am., or of SG EEff ENCLOSURES mown heirs devisees �fOMEOWNE ASSOCIA• KNOWk TENANT J� UN- �C REGISTRATION ys, Re trv�, k� ��ir� �- 5; Cpurt soon thereofter as oassibk. WI 1N SIDE YARDS OF irantees,c►ait�ar &andofl� ION INC.; RTGAGE KMOWN TENAN II• YSTEMS, I AS NOM)• DAVID' OTTERSEN ET ar Suv reaulred � (tan ) "jam �) HavmeMCel. Yiroinia 10169 In ihs County Sert��i�cet DET�i4CHEDSItIGLE FAM- w �n�a �� O � ELECTRONIC EGISTRA• MORTGAGE �LECTRON- NEE FOR D!{i'MORT• AL„ Mr. Rvbrrts 401- eb2•N70 erred In business of STS Buildsns 1101East Firs iLY ZERO l0T LINE c^�+n svorres d°kninp !»• TION SYSTEMS INC AS. IC REGISTRATION GAGE COMPANY LTD: pe(endonis, pUTi10E WOmt.isomenvi. Lasoiie A+re, Somt Ckud Yernm Swpr�s1 Street, Sonford, F orido, CLU57ERED UN TS Ip • �o�! and under any oti NOMINEE FO1� FI LD- SYSTEµ$, INC AS NOAhI- FLAGSHIP PARK CONDO - rai,i300isotaddayl For- FL 34TTl. TMd the (Forty{ Fia!OO Bar Na 132720 Board CAambers �Raon' THE R -3 MUL� P E- a°°+ro'named Defapd• STONE MORTGAGE�OM- NEE FOR ArVIERICA'S MINIUM ASSOCIATION, FAIRWINDS CREDIT tune Epp eo, tSO.lDOi( pd ist (parties) m saFd CARLTON FIELpS, P./� NY81• Tfie purooae of this FAMILY DWELLIN � S t PAk Y, and any unknown WtipIESALE LENDER• INC., and any unknowa UNION Detendanl2ross• yr, annsncoesston rdot la• bushKSSe ler i�fol• Postpf�� ltri Irarlre s to receive WMU TRICT'• PROVIDI FF eta. heirs devisees grantees, CRESCEkT PLACE Af heirs devisees, srontees, p��{t, dustry we iroin gp7 laws: Alkn JosePn bs Orlondo, FL � �� inPUt and comitler THE R�PEAI OF RI� creditors, aed` other on• LAKE WTUS CONppM1 N• creditors, and other un- YS_ Dated at Saint Cloud, Tetephar: U07) sa9AJ00 chonpes To Me Lake INCONSIST NT ORDI• OF knorm Persons or urdcnavn IUM.ASSOCIATION � „ Persom a unknown DAVID OTTERSON AIKlA ' � �� F O e s��W �unt�� F)orida, AN�orrrYS for PersaaFRsp• �mpcct as�oilo n TIONS NCO�RPO N �� roouusae�s�cto� onv o� � � 9fa�ritee�s. Crud" ibn, t� arM cnr wA DAVID PAUL 'Trainin $i 2D tamros F� p��M � Re INTO'fHE CODE SEYER• NOTICE is hereby given �he above•iwrrnd Detsnd- � her urdowvrn Persons the above Homed Detend- SEN g OSC1057308 ?l15rJ010 O15105m6s 9/189MSfl0 gTonal Im aet Notice o1 ABILITY ANp AN EF• � � �n �'* ��t� or•uMcnown spouses claim• ants, Cross.pefendords, EdUCat1O11 ' ProPOnd C Subsion FECTtVE DATE. sfN+eCirwltCaurtotS�m1. ingpy flxaWh and un�r Dekndants. IN THE CIRCUIT COURT tial Deviation Determirw• pHD1UWIH NNN000. tIN9s wle County, Fkrida, will - onY of �iie above•nmrrd Ds- NDfKE � F08Etl@SIRH: SA[E AIRLINE MECHANIC = • - - OF THE NINTH JUDIgA tion: Intesra LorM'Campa pN OR O�F THE to the setts doY of March D® NO110E OF fendmds, � h Train for hish�pa�y�a Adrtioistrat "son Cteilitor5 OS CEOLA IN COUNTY, cyaN ap APDip �HE CI�Y OF W�NTER ��'� A�� in Roo�rte � iii i � 1� i of Avksfkn Caner. ep� �v proved prosrom, Finan• FLORipA of tM FHiB AmentlM Onc SPRINGS, FLORIDA, ?� d � �ninole County NOTICE is hereby siven BOIICE Of FOREIYOSUBE SAIf NOTICE Is he�ebv Piven Circuit Court, Seminole ctai aid if qualified -Jab p �� d "r. � E Restated Oevelopment Or AMENDING THE CRITE- -ou thous in Sanford Mat the� Sisned C�k that the antlers Peed C C g p , 1�or1 0 d , o�, wIB on tM. CALL Avtntkn inafilute Its, File ir o i � 8.2009 D�v PrVbaPk- 0006T6PR �, t of�Ragiawl Il�rr STANDARDS FOR A TR£E � �t at� blk�out�cr �l Co F or,d ,�wi i shat 1f� 1 nU S e h rs r ne0 y Clerk of aole F iii in the Foreclosuie e a ��- A ��ndo. F�g� Per- ERF P,NDER I�id R ��elop STO SE RELATING �inokC i krtda'• n �i m o!e C�w �n y�pi0 � � t�tr S f the S F�1 T71 oMer � � � sonal RePresentaHve John { o� p C � � A. Envilis 416 Forest Ln o th C e add ion of 7.47 •F! TO NEI�G DEVICES Courthouse in Sanford, N. bark Avenue in Room ourthousa 14� Sonford; and sell at pubilc o4tc-tY Derdd Assisfad � � �F��'i� YO DR conversion of�c RES� ENDING ES)�R s��ecadi�s ,b lYs�det an i x�N fa piblk m to S �uT,house r in�San�fiord a brit �er � � �osry, � h wocer- � SmW LakeRd, 0202 Orion• The odminis(rat en of the Portnn of uMevebPed Par SPECIFICA FOR • n uE �E �dc th4 Lushest mid best Fbrida 37'/71, oNn Wr sole ilk hi8hest aM besi tY located to Seminole t � • �,� I a do� F��819 First f ub(ished estate of Ernest' �. Pk�• cel A of ttr DRI trmn can TREE REPLAcEMENT b• d p0es N sty 15, d b hb• for cosh, tice folbwms-ds- o�ul se8'at pubik outcry ro � casM ImTrin0•dgn Cgarty, piorhip, os tMbws: �� ?/I&1p10CrM��ora must fik deceased, whose date of pierclol To mul�mNy res WAIVERS• PROVIDING y� d ��e tt�� p�� situa)e in Hr hlsh�st old best Dia0er D�ed pate claims asNnst t11e estate death woe MarGb 9.2009: is denfial use, revKkn; FOR THE REPEAL OF Seminor County, Frrida: for cash, the followE •de• Sem nde Courtly, Florida: LOT -�7 CEDAR RIDGE . FLOIBOA I�UF6f OF NAT!M with the court yrrthin try� Pendins ki the Grcuit Cpurt to the DRt reportin9 rs pR ip R )NCONSISTEN T scribstl Moperh' sl r� In It NIT 11, ACCpR DING.T6 RAl 1 111TH — Becane a time ➢erklds sit TarBi in EI for OscaWa Caun1Y, FbriaW uirements. The BCC wit O(iDINANCE3 AND RE5O- wravant W fhe Finol Jutro• B�� 8H+1Y ESTATE, Sanloele County, F a: -!0, FtA88NIP j•}iE PLAT THEREOF AS Massase 7irroPist In os Stat 6733.702 and (733.710 or Probate Division, the ad- �eterraine if the propose< `UTIONS• INCORPORA- ment entered I a case �0 etl 4, rsrs s exa�sl ECORDE D IN PLAT Httk as.7mantir! CALL be forever burred, dress of which 172 Court- ckanges eon{titute o sub TiON INfO THE CODE; Pendfng in sotd �ourt, the er �snet In ie Put GeAoairr Ihittls. }� �. r Mwd ss rs• �ppK 4/ PAGE 05 PUB - NOW! !OS•498d�921 MOSt Savae. Kissimmee scants 1 devration to tht SEY •,;81 ItY• AND AN stvk of whkh fs indiraled I5.Pya � nr ts��if d CDE�T PiA� EAT s � � fs Beards Hesk LiC RfC OF �SEMI- HFALYNCARE CA>IE� COR1p5519B1 y1& Y5, 30� F 31711. Tice names and Luke �oraf DRI Develop FF V DA otave. � d M PsNs d LAKE ADM CON90WHBN1 s ,�� Pys�0,n�d in 0�- t1OlE COUNTY, FLORI- A � N 7}IE CIRCUIT COURT �reuss� of the personol meth' The laks Far �{ � �Np� tpg � � CsuatS Rsdde. Casioetidan, acc 0r W a K Becrds Hoak pit reprnen eve and the Per• est D i n located on ttw �gP T1�AfIB p�y cerson or entii�• cbinf- DeeMnBrs d !ae- aeasOsads Bads d P� �• �OR YOW SIA COUNTY, �p{ ��protive s atror• north of Stale Road 16 g{ tt{ . � glpt0�S ins ar interest in he sur• pursuant to Nr Flnal Duds- ai, ss nndeb fs d Bseads d 8se�iwN Ceu6. Elan•' pvnuanf to the Fkwl Juds- '�� IORIDA Hey orc set torch Oefow. ooprozimately 0.7 mist Plus, if onv, resuifins frarn ment entered in a case BosR Pa0e 7p d rs (C � ipser wkk ae d'irasd k• ment of Foreclosure en- ' Haw Down in OrlaWo PROBATE DIVISION from the Intersfofe 175taN Lp�TED µT THE the toretbsure sok, other peraiins in said Court, the HAS Eemiale Bar rml r IM owaam damat eik tered on OUIN2010, in the � a All crodifors of the dSce Road 46 Interchanse con �{pNOS pry BµLI� 'ffran the MoPerW owner as style M wtuch Is indicated 4c - dl d iMrsH• ss sty Mer r abovestykd cousa, MyMinP ��•� File Na 20W-17007PRDL apt and other Persaos Inv- coining opproximate�Y SN g� Hppp ,ql � of Bn dok of the t.is Pert- above. O�bo, n � in said Court. Division 10 Ins claims or demonds ayes In northwest Sem6 SlrBib6S, Rgi�p dens, must file a cbimon h V} n�aawn drmrr d tla MEDMAt. At�T a inst decedentsptp k on .� C�ouMY• �ommisskne The Pro ed ordinances Sams with stew Clerk of AnY Dersan or enfitr claim- sdd ceolm0ao. • , Pursuont to the Finat Jud0- qny person Claiming an in• IN RE: ESTATE OF �a copy of Bds Husks Corey, Disir ct� S Ton• �y ye by inter. Court within 60 days after Ins an interest in the Sur• ment entered ig a case terest ip the surplus from At Concorde ow RUTH INGRID HOWARD �q "r4q� iced to be served Matthews. Pr�nupa� PWn estea Parties between 0 � rorK�rc sale. Pius, K any, reEPHhrs iron purwaM fa the Ftriol Jude- Deisdin9 in said Court the Bx sak, if am, other than Medkol Aasistad sratls Deceased. must Hk thek cWias with Her. Fublict�eoTins Hem, o.m. and S P.m., Monday fhe forecbsure sok, other ment entered in a case siYie ot is mdieated the Droperty owner os of set idretl. this court WITHIN THE are avai6�k tar review o1 throush Frido of •the.�yITNE my hard a� of- than theprpPerty omh'r as Pendi in sold Cart�t }i� above. Br dote of the lie Pendens 1•NB•16Z•l767 or DEBORAH L. MAYHEW, ER OF 3 MONTHS AF- tl+e laterae! at www.semi CBY's Clerks loaf• tEcialstaI of said Court Mss of the dote of the Pen- sfyk o� whkh is fmlk oted mrpt f8e o claim within 60 eonrnrdelme rnm SARAH KLINGEIE MATH• �� •ry(E TIME OF THE nolecountYfl.sov uncle ed at liy6 Ecet Road ltd QOY of Jararory, 2010. dens, inusst file a �m on abdve. � A1�Y Persoh ar erdity cldm• doYS aNpt the sWe. • NU�DO FIRSTpv gLICATION OF Meethq qw�s aporox 4� Winter SPrkss, Flori- same wrth the Cierk of Ins an interest M the sur- 'r'�iarrs TMIS NOT`CE OR 70 DAYS imate[Y one weds prior h dq' For more Mformation �YW � e1� sri� s fise6Di- Court within 66 days offer Amy Person ar entlty cWkn- Wus, if any resuNirq trom Arorse Naa Accaps�lns � AF7E R TH E DATE OF blic haorirys. Citizens wjl Hp7� 1� pp7, per-(y wM asas ury secrrgqGes tin torecrsure sak• his an mteresf in the wr• the foreclosure sok, other Clerk of rw Court SWdent APPlications ��. MAYHEW, SERYICE; A COIW OF � arsan� .saps wi Il[ties �(!!� r pldegar i tha � p�us, H am, raullins tran fhon the�ppe�y as �� Cterk Call Keiser University KL GEIE MATH• THIS NO ICE Ok THEM enkf ea are N hp assis�ce to e...rn, )w ua satYN4 � WITNESS my and ot- the torecbsts'e sak, other of the date of the U Llnrro Passero t.e8/.M0A7M N aDPCar at Nds nDme in aw of Nrse F�� wed r Yss. ro t1k panne d fklal seal of so Clwrt this itkki the ov� as dens, must Bk a claim on Raoondent• Ali other creditors of the Vresent snout resardln1 �b tt pby. ssddaan. tMsass 19M cloy of JarwarY, PO1D. of the of tlr L� anme tv111t the Clerk of PAi1Bi► i�iPE TECH d�c� p� other persais these myNers, in accord ee -Belot s Depafrtment ��• � dens, must.fite a ckim�ori Court within 60 days aikr � 0 yam, y4, 4010 IWEICE TD i�tf085 h� claims or demontls once witA t1�proCedur! Caprdhtpiar; N hpurs In pd:� t� Ssdee4 N9a sn ape1pn Ye�1 a �dii• same with the Clerk of ttr torecksurc sak. A 1 against deoMent'z estate us�rl by the BCG w submi ranee�qf Me meeting at a �4r"'I • '�t lY�wN � HIP s�nsis8se court within 60 dove doer Ht 7NE 0OdIIr BFiHE Pctiem �eclmtcion The adminlstrofian of the �p�t fik tlrir ebi� wish wrr}►� fo plan (487 7171800,E�taqsloe r� d. ngnst d r erM r ►r6eWr a Idssn• (he tareclosure oak. WITNESS rmiq� and of- IHkiB�8�L �R IN AND ca<wr :farts with estate of RUTH INGRID this court WITf1 FN 3 dedtisem��tyry 9a, Yom. ore pubik hoar• tNs�wt �e �q� i�ya easdY4 )e! sn � sf oo tktal seal of saW Court this Eft OEI;E�+► COIN(11: RO11D1A Carte HOWAR�p� MONTHS AFTER THE of fkf Seminole Coent� Ines. If you de<We Ao are Msriw all't;w0• asst Js Lew b the sin ofyy��NF�5rr�y FwM and ot- Y2nd day of JanuorY, �. 7.OY616t -7i42 or dple-d wm �, DATE Of TkE FIRST Ptannnw and Developmen H r�ee Yparsi, ertda etskWea.PMsr t�p flciol 1 of sWd Court this Case No• 09•CA'8QJ6 -MF aKrortle4me.can 1009, B Pendinp ar the Cir• aaY recommendaN ci- ,�! wB�oy rt for Yolusro PUBLICATION OF tHIS Divtcion OHkW t101 Eos Sion� br the CNy Com• n �pa�, � M• 7JItd ""' � Jomarf', 9D10• p Dios re s ir!! r�� a inDiD' REGIONS SANK, SUCCES- �8 >� �' NOTICE. FErst SFmT, Sonford FI m[ssfon wf8l rescect batty �y •p 'per2 B m ss�a seB z, dads• r o r� SOR BY MERGER TO - ty�, Probate iv • 37771 Room i kleofrrr matigr consW� red of this • . •` TME E M � � d f Y Sure! T�aMwinorsist Post t OtHce x ,�De W�jTHIN TIH rOT FILED (8)•665- 7771; 407. 66d meefiro}. -�i Droce�edingi, � p A ry �� aNiaD ps sn a°dtled a>� UNION PLANTERS 8qNI4 Lund, FL i andW ODS 1�E PERI. 7J03. Comments receirn cord o � Oa �� P> nP� pr cost r.M Workisa d N:A. SUCCESSOR BY 1• or Pt�rsonal rePr�es F" LpR�pq 0 PRF ATE p�ior •OO�p. 3M �� r � BY: lua� ero 0 asNiis� � r � r �• d e� a�nda �� •r '1 � ALAkTERS MORTGAGE hearmg are forwardD�uaNY � �{ trris asbusa, Pisass eawet�!�, INC., • canwrdekne•oom � � �� ►fit' CpDE WILL BE FOREV- the BGC for coraltleratio ceedin s is maQe upon' (COVRT SEAL) sW, 9N N• Prk 'r "'.c '• ' s t VS inlrtt, atives' aftornev are set ER BARRED. at the k hem'kre• Add which t�re apxQl n bosetl. .,.��Y A�N E ''k Spire, FYd• '"ra �ar ne."i,t d �q be�y tionial I tnteresisdpp rtes are ad• �E�� & ?/JSROw uc� +R 1� � a • tirWq Ws d� p B�R ( KELLY ortYO BRA• �'�ISCB��ilt1E0US Att uediMn o! the decs- NOTWITHSTA NDING THE ins these nwN�s, an0 art, riled that Mev �a�rdr Bv: Undo Passow ikb d o�iMin�! Ya� � w�_p [�k�d, DefendantESLY. e) at, dentt�d otlrr persons 1cv- TIME PER ODS SE T eanments rece ved, and fly rt fhemeetinspnd �!lStCUC�lOt1S in9 cla ms or demands FORTH• AB�YE ANY proposed Pitch Amends w(th respect to the Droproed IN TJiE CIRCUIT COURT DePUty CMNc ere dn0• re8 ta1D- t �� OF Pop gA � 1nstQ � f�esta�k� CLAIM FILED TAYo (p) and Restated Developmen ortlinarces. IN ANB FOR SEMINOLE 11 snmue*stni, �� YEARS OR MORE AFTER Ordsr, are ovoilable to COUNTY; FLORIDA (COURT SEAL) u�E 1�I710. RYANNE MORSE �T10E IS HEREBY GIV- -isf Yeor. Coil g7i9S Is re wired to be eerysd THE DECEDENTS DATE PuMkreviewat1)raddres. SL51052a95 T2F10W TME �� t �n muyt�i[e their claims with OF DEATH IS BARRED. obore betwoen the hours a CASE N0: 00•CA•15BO•laK �EPo493i5 7118.7 2010 MARYANNE MORSE EN Mat pursuan to the Fi- 6UITR8 INSTRUCTION — ihlt��u�t WITHIN , -• - - _. ls;00 a.m. and S:QO•P.m., � ,.,,...,,....•.......„• W ..... CLBq( DFTHE!:AtWRt0U8T Bv: I.rmn� Wmdiev Hal Judsment of Foredo- ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 3, 2010 CALL TO ORDER The Regular Meeting of Wednesday, February 3, 2010 of the Planning And Zoning Board/Local Planning Agency was called to Order at 7:00 p.m. by Chairman Charles Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Charles Lacey, present Vice Chairman William H. Poe, present Board Member Robert Heatwole, present Board Member Rosanne Karr, present Board Member Justin C. Reviczky, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The January 6, 2010 Regular Meeting Minutes. Chairman Lacey stated, "I did notice amisspelling —first line of Page 4. I would like a Motion to approve the Minutes with the correction of `bare' to `bear'." "I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOAR.D/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 5 OF 10 Discussion. Chairman Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input "portion of the Agenda Item. "I WOULD LIKE TO RECOMMEND APPROVAL OF ITEM `502' WITH THE CONDITION THAT THE `NON - HAZARDOUS MATERIALS' BE INCLUDED UNDER ITEM (10) AS PRESENTED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Office Of The City Attorney Requests The Planning &Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance ZO10 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. Mr. Stevenson presented this Agenda Item and stated, "What we did not have the authorization to do and currently still do not and pursuant to the language in the (City) Code, 1s to waive the tree replacement credits or at the owner's option, a donation to the tree bank." Chairman Lacey asked, "Has the City Attorney opined as to whether he believes that our current Ordinance that requires tree bank contribution or replacement does constitute impediment under the Florida Statute ?" Mr. Stevenson replied, "Not specifically. He has followed through with a request to change the language." Mr. Stevenson read CHAPTER 5. TREE PROTECTION AND PRESERVATION (b) Criteria. and stated, "A Permit was issued under our current laws with the Criteria or the Condition that the tree replacements be made or pay into the tree bank. But, what we added in there, is that trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 6 OF 10 Staff sconcern —and we tried to address that if this moves forward in a positive manner — our concern is that clotheslines are by name, mentioned in the Ordinance as a solar drying source." Under the proposed Ordinance, Mr. Stevenson referenced `(5) Waivers of replacement trees) specifications. (b) Renewable resource waivers. ' and responded, "At no time was a Permit denied to take these trees down. What we are talking about tonight is, do we want to move forward and use solar renewable devices as a Criteria by which we can remove trees and not mandate the replacement credits or any payments into the tree bank ?" Next, Chairman Lacey asked, "The Applicant under this scenario would pay the nominal fee that we charge for actually pulling the Permit ?" Mr. Stevenson replied, "Yes." Chairman Lacey then asked, "But not have to suffer the consequences of that tree removal." Mr. Stevenson stated, "Staff is concerned about the proliferation of and the administration of these particular types of Permits." Mr. Stevenson added, "The language would allow not only the issuance of the Permit, if it was justified, but it would allow no tree replacement requirements to be mandated. Staff is fine with the first part, obviously we issued the Permit. Where we have some concerns, is by allowing this to trigger no replacement trees." Discussion. Mr. Stevenson noted that, "I did write a letter to this gentleman after consulting with the City Attorney's office, and they at that point in time, felt like Staff's interpretation of State Law was correct." Next, Chairman Lacey asked, "The problem I have with this language is the clothesline inclusion. I understand it is there, because you are trying to conform to the State Law — but, what if we were to remove the clothesline reference from our Ordinance and then it is clear that if someone puts in an expensive solar collector where the benefits outweigh the cost of the trees..." Mr. Stevenson replied, "...More than three (3) years." Chairman Lacey then added, "If someone comes in and puts a clothesline up and makes that same claim, then they would have to make the case why State Law preempts our Ordinance, essentially, and make the case that the clothesline is a justifiable use for it and it would not be de -facto granted by our Ordinance. Do you think you or the Attorney would have a problem if we struck the clothesline language ?" Ms. Sahlstrom addressed the Board Members regarding the language. Discussion. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — FEBRUARY 3, 2010 PAGE 7 OF 10 Chairman Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of the Agenda Item. Tape 1 /Side B Next, Mr. Stevenson stated, "If we Approve the Ordinance as written and take out clotheslines, that means they can come in and put in a solar panel, take the trees out and not be bound to do the tree replacements. That is the way this Ordinance reads." Mr. Stevenson then clarified, "We are also including not just solar collectors for power generation, but we are also solar collectors for heating pools and anything of that nature." "I RECOMMEND APPROVAL OF THE ITEM AS PRESENTED WITH THE WORD `CLOTHESLINE' REMOVED." "MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. CHAIRMAN LACEY REITERATED, "THE MOTION IS TO APPROVE THE ORDINANCE 2010 -04 IN ITEM `503' AS WRITTEN WITH ALL REFERENCES TO `CLOTHESLINES' REMOVED FROM THE PROPOSED ORDINANCE." MR STEVENSON CLARIFIED, "THAT ALSO INCLUDES THE REQUIREMENT THAT THE APPLICANT CAN SUBMIT DETAILED TECHNICAL DOCUMENTATION INDICATING THE AMOUNT OF SUN EXPOSURE AND ALSO ACQUIESCES THAT THIS FACILITY WILL OPERATE A MINIMUM OF THREE (3) YEARS." CHAIRMAN LACEY STATED, "WHAT YOU JUST SAID IS IN THE ORDINANCE AS PRESENTED." MR. STEVENSON REPLIED, "THAT IS CORRECT." DISCUSSION. VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. ATTACHMENT C Statutes &Constitution :View Statutes :� >2009- >Ch0163- >Section 04 : Online Sunshine Page 1 of 1 Select Year: + 2009 � Go The 2009 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.04 Energy devices based on renewable resources.• - (1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits ar has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited. (2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install _ solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors. (3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney's fees. (4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. History. - -s. 8, ch. 80 -163; s. 1, ch. 92 -89; s. 14, ch, 93 -249; s. 1, ch. 2008 -191; s. 3, ch. 2008 -227. Copyright ®1995 -2010 The Florida Legislature •Privacy Statement •Contact Us http: / /www.leg.state.fl.us/ STATUTES /index.cfm ?App mode= Display_Statute &Search St... 1 /15 /2010 ATTACHMENT D ORDINANCE NO.2010 -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CRITERIA AND REVIEW STANDARDS FOR A TREE REMOVAL PERMIT IN FURTHERANCE OF SECTION 163.04, FLORIDA STATUTES, RELATING TO ENERGY DEVICES BASED ON RENEWABLE RESOURCES; AMENDING SPECIFICATIONS FOR TREE REPLACEMENT WAIVERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO TAE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 163.04 encourages the development and use of renewable resources; and; WHEREAS, Section 163.04 prohibits governing bodies from adopting regulations that prohibit or have the effect of prohibiting the installation of certain energy devices based on renewable resources; WHEREAS, the City Commission finds that there are environmental and economic benefits r related to encouraging the development and use of renewable resources; and WHEREAS, the City Commission finds that its tree protection guidelines should be amended to contain provisions encouraging the development and use of certain energy devices based on renewable resources; WHEREAS, on February 3, 2010, the Planning &Zoning Board (Land Planning Agency) conducted a public hearing on this ordinance and recommended approval to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2010 -04 Page 1 of 6 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section_1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs City Code, Sections 5 -4 and 5 -9 are hereby amended as follows (underlined type indicates additions and s�trikeottt type indicates deletions, while asterisks (* * *)indicate unchanged text. It is intended that omitted text, denoted by asterisks, shall remain unchanged from the language existing prior to adoption of this Ordinance. CHAPTER 5. TREE PROTECTION AND PRESERVATION 7f 7�C 7C Sec. 5 -4. Permit required for tree removal and land clearing; separate violations; criteria; contractor permit required. (a) Permit required. No person shall engage in tree removal or engage in land clearing located within the city, without first obtaining a permit as provided in this chapter. If a property owner has retained a contractor to perform the land clearing or tree removal, the contractor shall be responsible for obtaining the permit required by this chapter prior to the land clearing or tree removal. It shall be a separate violation of this chapter for each tree removed and each day a person is engaged in land clearing without a permit. (b) Criteria. Upon receipt of a completed application and verification on -site by the city forester, a permit may be issued for tree removal under any one of the following conditions: (1) Trees located on building and construction sites as shown on city approved plans, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (2) Trees located within ten (10) feet of a structure or other improvement, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public infrastructure and facilities. (5) Undesirable trees, per Appendix A. (6) Trees removed by the city or other governmental agency and which are located within a City of Winter Springs Ordinance No. 2010 -04 Page 2 of 6 public road, drainage rights -of -way, or permanent utilities and drainage easements. (7) Trees that have been approved by the city forester and which shall be replaced elsewhere on the property. (8) Trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector. clothesline, or other energy device based on a renewable resource. ($j-�All trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of this chapter only if trees aze planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (c) Review standards. When making a determination on whether a tree meets one of the conditions set forth in section 5 -4(b) and therefore, whether to approve or deny an application under this chapter, the city shall apply one (1) or more of the following standards of review deemed relevant: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utilizing public easements and rights -of -way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings and other improvements on a lot or pazcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non - occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural defects that pose a clear and obvious safety hazard to people, buildings or other improvements on lot or parcel of land. (4) Necessity to remove trees which prohibit or have the effect of prohibiting the installation or operation of a solar collector. clothesline. or other energy device based on a renewable resource. The applicant shall submit operating instructions or other manufacturer guidance setting forth the amount of sunlight exposure required for proper operation of the energy device or other such evidence of the necessity to remove trees. (-#j-� The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. {�j-� Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. f 6j �7,Z Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. City of Winter Springs Ordinance No. 2010 -04 Page 3 of 6 (�j � Good forestry practices, such as the number of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. ($��Necessity to remove trees in order to construct, approved and permitted improvements to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for construction equipment (maximum often (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. d. Need for locating street or road rights -of -way, utilities, drainage ways, as well as the need to provide reasonable use and property access. (9j (10) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (10) (1 l� The species and size of the trees proposed for removal. (11) (12) The following factors shall also be considered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. �� Sec. 5 -9. Tree replacement guidelines. (a) Tree replacement. All trees that are removed or destroyed and subject to replacement by this chapter shall be replaced by a species of tree cited in Appendix B, desirable trees or such other trees properly approved by the city forester. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within thirty (30) days of removal or destruction, whichever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria for replacement trees is as follows: (1) Characteristics of replacernent trees. The replacement trees) shall have at least equal shade potential, screening properties, and/or other characteristics comparable to that of the trees) requested to be removed. City of Winter Springs Ordinance No. 2010 -04 Page 4 of 6 (2) Size of replacement trees. Replacement trees) are to be made according to the tree replacement standards set forth in Table 1 [at the end of this section]; or (2) otherwise agreed upon by the city commission and applicant. (3) Tree species. Relocated or replacement trees shall include only species and sizes defined as desirable trees (Appendix B) under this chapter. (4) Transplanting and maintenance requirements. All trees transplanted pursuant to this chapter shall be maintained in a healthy, living condition. Any such trees which die shall be replaced and maintained by the property owner. The city shall retain jurisdiction for one (1) year to ensure compliance with this chapter. (5) Waivers of replacement trees) specifications. (a) General waivers. The number of required replacement trees may be waived by the city commission, if the city commission determines that the remaining number of trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this chapter and a tree replacement fee is paid to the city's "tree bank," which is hereby established. Monies collected in the tree bank shall be used for enhancement and maintenance of trees on public lands. The contribution to the tree bank may be waived by the city commission for individual homeowners, on a case -by -case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute trees) allowed under this waiver provision must have the approval of the city commission. The amount to be paid into the tree bank shall be set forth in Table 1 and should be based upon wholesale market value of the trees being replaced, plus installation and maintenance costs to establish the tree. (b) Renewable resource waivers. The tree replacement and tree bank requirements of this section shall not apply if a permit based on sections 5- 4(bl(81 and 5- 4(c)(4� is issued. If the permittee does not maintain and operate the permitted ener�ry device for at least three (3) years, the permittee must replace the removed trees or pay a tree replacement fee to the city's tree bank as required by this section. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Winter Springs Ordinance No.2010 -04 Page 5 of 6 errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO- LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ;. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2010 -04 Page 6 of 6 ORDINANCE NO. 2010-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CRITERIA AND REVIEW STANDARDS FOR A TREE REMOVAL PERMIT IN FURTHERANCE OF SECTION 163.04, FLORIDA STATUTES, RELATING TO ENERGY DEVICES BASED ON RENEWABLE RESOURCES; AMENDING SPECIFICATIONS FOR TREE REPLACEMENT WAIVERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 163.04 encourages the development and use of renewable resources; and; WHEREAS, Section 163.04 prohibits governing bodies from adopting regulations that prohibit or have the effect of prohibiting the installation of certain energy devices based on renewable resources; WHEREAS, the City Commission finds that there are environmental and economic benefits related to encouraging the development and use of renewable resources; and WHEREAS, the City Commission finds that its tree protection guidelines should be amended to contain provisions encouraging the development and use of certain energy devices based on renewable resources; WHEREAS, on February 3, 2010, the Planning & Zoning Board (Land Planning Agency) conducted a public hearing on this ordinance and recommended approval to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2010 -04 Page 1 of 6 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs City Code, Sections 5 -4 and 5 -9 are hereby amended as follows (underlined type indicates additions and MI ikcout type indicates deletions, while asterisks (* * *) indicate unchanged text. It is intended that omitted text, denoted by asterisks, shall remain unchanged from the language existing prior to adoption of this Ordinance. CHAPTER 5. TREE PROTECTION AND PRESERVATION * ** Sec. 5 -4. Permit required for tree removal and land clearing; separate violations; criteria; contractor permit required. (a) Permit required. No person shall engage in tree removal or engage in land clearing located within the city, without first obtaining a permit as provided in this chapter. If a property owner has retained a contractor to perform the land clearing or tree removal, the contractor shall be responsible for obtaining the permit required by this chapter prior to the land clearing or tree removal. It shall be a separate violation of this chapter for each tree removed and each day a person is engaged in land clearing without a permit. (b) Criteria. Upon receipt of a completed application and verification on -site by the city forester, a permit may be issued for tree removal under any one of the following conditions: (1) Trees located on building and construction sites as shown on city approved plans, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (2) Trees located within ten (10) feet of a structure or other improvement, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public infrastructure and facilities. (5) Undesirable trees, per Appendix A. (6) Trees removed by the city or other governmental agency and which are located within a City of Winter Springs Ordinance No. 2010 -04 Page 2 of 6 public road, drainage rights -of -way, or permanent utilities and drainage easements. (7) Trees that have been approved by the city forester and which shall be replaced elsewhere on the property. (8) Trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. (8) (aA11 trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of this chapter only if trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (c) Review standards. When making a determination on whether a tree meets one of the conditions set forth in section 5 -4(b) and therefore, whether to approve or deny an application under this chapter, the city shall apply one (1) or more of the following standards of review deemed relevant: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utilizing public easements and rights -of -way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non - occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural defects that pose a clear and obvious safety hazard to people, buildings or other improvements on lot or parcel of land. '4) Necessity to remove trees which prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. The applicant shall submit operating instructions or other manufacturer guidance setting forth the amount of sunlight exposure required for proper operation of the energy device or other such evidence of the necessity to remove trees. (4) The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (5) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. (6) Q Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. City of Winter Springs Ordinance No. 2010 -04 Page 3 of 6 (7) (8) Good forestry practices, such as the number of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (8).(9,) Necessity to remove trees in order to construct, approved and permitted improvements to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. d. Need for locating street or road rights -of -way, utilities, drainage ways, as well as the need to provide reasonable use and property access. (9) (10) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (+0) -(11) The species and size of the trees proposed for removal. (11) (12) The following factors shall also be considered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. * ** Sec. 5 -9. Tree replacement guidelines. (a) Tree replacement. All trees that are removed or destroyed and subject to replacement by this chapter shall be replaced by a species of tree cited in Appendix B, desirable trees or such other trees properly approved by the city forester. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within thirty (30) days of removal or destruction, whichever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria for replacement trees is as follows: (1) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening properties, and/or other characteristics comparable to that of the tree(s) requested to be removed. City of Winter Springs Ordinance No. 2010 -04 Page 4 of 6 (2) Size of replacement trees. Replacement tree(s) are to be made according to the tree replacement standards set forth in Table 1 [at the end of this section]; or (2) otherwise agreed upon by the city commission and applicant. (3) Tree species. Relocated or replacement trees shall include only species and sizes defined as desirable trees (Appendix B) under this chapter. (4) Transplanting and maintenance requirements. All trees transplanted pursuant to this chapter shall be maintained in a healthy, living condition. Any such trees which die shall be replaced and maintained by the property owner. The city shall retain jurisdiction for one (1) year to ensure compliance with this chapter. (5) Waivers of replacement tree(s) specifications. (a) General waivers. The number of required replacement trees may be waived by the city commission, if the city commission determines that the remaining number of trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this chapter and a tree replacement fee is paid to the city's "tree bank," which is hereby established. Monies collected in the tree bank shall be used for enhancement and maintenance of trees on public lands. The contribution to the tree bank may be waived by the city commission for individual homeowners, on a case -by -case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute tree(s) allowed under this waiver provision must have the approval of the city commission. The amount to be paid into the tree bank shall be set forth in Table 1 and should be based upon wholesale market value of the trees being replaced, plus installation and maintenance costs to establish the tree. (b) Renewable resource waivers. The tree replacement and tree bank requirements of this section shall not apply if a permit based on sections 5- 4(b)(8) and 5- 4(c)(4) is issued. If the permittee does not maintain and operate the permitted energy device for at least three (3) years, the permittee must replace the removed trees or pay a tree replacement fee to the city's tree bank as required by this section. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Winter Springs Ordinance No. 2010 -04 Page 5 of 6 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of March, 2010. 49 / (e4t J 1 N F. BUSH, Mayor ATT ST: IrA LORENZO - LUACES City C erk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR T CITY OF WINTER SPRINGS ONLY. ANTHON . ARGANESE City Attorney First Reading: February 22, 2010 Second Reading: March 8, 2010 Effective Date: March 8, 2010 City of Winter Springs Ordinance No. 2010 -04 Page 6 of 6