HomeMy WebLinkAbout1999 09 27 Public Hearings Item D
COMMISSION AGENDA
ITEM D
Consent
Informational
Pu blic Hearing X
Regular
September 27. 1999
Meeting
fl~~ q
Mgr. / Dept.
Authorization
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission hold a public hearing to approve the second reading and adoption of
Ordinance No. 734, concerning tree removal and replacement.
PURPOSE:
The purpose of this agenda item is to request the City Commission hold a public hearing to
approve the second reading and adoption of Ordinance 734.
APPLICABLE LAW AND PUBLIC POLICY:
At the August 23, 1999 meeting, the City Commission suggested changes to the Ordinance No.
734 and directed staff to advertise the amended ordinance for second reading.
CONSIDERATIONS:
. Under current regulation, trees that are to be removed for construction must be replaced
elsewhere on the property. Occasionally, the undeveloped parcel is so heavily wooded, that
replacement of trees at the site is not possible. A monetary replacement that will be used to
augment and maintain trees on public property in the city would achieve the goal of
preserving and enhancing our community's tree canopy. This is an option that developers
welcome, as it allows them to more reasonably calculate landscape costs. The replacement
option must meet with approval from the City Forester before permits are issued.
. A first reading of Ordinance #734 was held on September 13, 1999.
CDD/September 17,1999/4:22 PM
SEPTEMBER 27,1999
PUBLIC HEARING AGENDA ITEM D
Page 2
STAFF RECOMMENDATION:
Staff recommends City Commission hold a public hearing to adopt Ordinance 734.
ATTACHMENTS:
A. Ordinance No. 734
COMMISSION ACTION:
CDD/September 17, 1999/4:22 PM
ORDINANCE NO. 734
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 5 ENTITLED "ARBOR" REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS,
BY AMENDING SECTION 5-3. "REGULATIONS APPLICABLE TO
PRIV A TEL Y HELD PROPERTY"; PROVIDNG FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs is committed to preserving and enhancing green
areas of the city and by assuring the preservation of existing trees on public and private property
and taking steps to require maintenance of existing and installation of new trees in the City; and,
WHEREAS, the requirement to replace trees removed for construction on the site is not
always practical,
WHEREAS, the current arbor regulations of the City require amendment in order to
foster the objectives of preserving existing and assuring additional trees when trees are permitted
to be removed.
NOW THEREFORE, be it ordained by the City of Winter Springs, Florida, as
follows:
1. Section 5-3 , sub-section 5-3 (d), (I) and (2) entitled "Regulations applicable to
privately held property" is amended to read as follows:
(d) General criteria for issuance of permits to remove trees. Trees may be
authorized for removal only if they fit into one of the following categories: the validity of
the status of a tree as eligible for removal shall be verified on site by the city forester
prior to issuance of a permit for removal:
ill Trees located on building and construction sites as shown on
approved plans may be replaced elsewhere on the property or
mitigated by a monetary replacement to be determined by the city
forester of the current wholesale cost of the tree being removed
which shall be used for enhancement and maintenance of trees
located on public lands.
(2) Trees within ten (10) feet of a proposed or an existing structure or
other improvement that restrict construction may be replaced
elsewhere on the property or mitigated by a monetary replacement
to be determined by the city forester of the current wholesale cost
of the tree being removed which shall be used for enhancement
and maintenance of trees located on public lands.
(3) Trees severely diseased, injured or dead;
(4) Trees that interfere with provision of above ground utility
installations and which will be replaced elsewhere on the property;
(5) Trees that have becn approvcd by the city forester to be replaced
elsewhere on the propcrty.
(6) Trees that appear on the Florida Exotic Pest PlantCouncil's List of
Invasive Plants, Class L
Portions of this Section 5-3(d) not changed with struck through words (deleted language) or
underlined (new ordinance language) are unchanged and not altered by this ordinance.
5. Conflicts. All Ordinances in conflict for the provisions of this Ordinance are hereby
superceded and this Ordinance shall prevail.
6. Severability. If any word, phrase, sentence or portion of this Ordinance is stricken by
a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not
specifically stricken shall remain in full force and effect.
7. Effective Date. This Ordinance shall become effective upon its adoption by the City
Commission of the City of Winter Springs, Florida.
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DONE AND ENACTED in regular session of the City Commission of the City. of -Winter
Springs, Florida this 27th day of SeptP.I'llher, 1999.
CIT~mGS. FLORlDA
Mayor Paul P. Partyka
ATTEST:
.IL
Andrea Lorenzo aces, Acting City Clerk
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