HomeMy WebLinkAbout2011 12 07 Public Hearings 501 Ordinance 2011-16 Arbor RevisionsPLANNING &ZONING BOARD
AGENDA
ITEM 501
December 7, 2011
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST: The Community Development Department, Arbor Division, requests that the Planning
and Zoning Board hold a public hearing and consider Ordinance 2011 -16, which revises Section 5 -2
Intent and Purpose, Section 5 -3 Definitions, Section 5 -4 Permit required for tree removal and land
clearing; separate violations; criteria; contractor permit required, Section 5 -6 Permit application,
Section 5 -8 Specimen or historic trees, Section 5 -9 Tree replacement guidelines, Section 5 -10
Prohibitions, and Section 5 -16 Waivers; incentive program and appeals of Chapter 5 Tree Protection
and Preservation, Ordinance 2002 -08.
SYNOPSIS: Ordinance 2011 -16 proposes changes to Sections 5 -3, 5-4,5-6,5-8, 5-9,5-10, and 5 -16
of Chapter 5 Tree Protection and Preservation, Ordinance 2002 -08. The proposed changes will remove
inconsistencies, correct grammatical errors, and update terminology, thereby providing added
clarification and further streamlining the tree permitting process.
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statute 163.2511- 163.3246: (Provides that land development regulations for municipal
planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06 General Powers and Duties.
Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 5, Tree Protection and Preservation
City of Winter Springs Comprehensive Plan
CONSIDERATIONS:
The first proposed change to Section 5 -2 corrects one spelling error.
The second proposed change to Section 5 -3 corrects the terminology and spelling of three of the
definitions.
December 7, 2011
Planning & Zoning Board, Item 501
Page 2 of 3
The third proposed change to Section 5 -4 modifies the tree replacement requirements. Currently,
replacement trees are required if a tree is removed, unless the tree is dead /dying or is an invasive
species. The proposed modification would allow removal of a living tree without requiring
replacement if the tree is located within 10 feet of a structure and poses a clear or obvious safety
hazard or has caused obvious damage to said structure as determined by the City Arborist.
The fourth proposed change to Section 5 -6 provides clarification that removal of trees listed as
invasive species shall not require a fee. The term "caliper" is replaced with the term "diameter at
breast height" (dbh) to more accurately reflect what is required when measuring trees for the purpose
of permitting removal of the tree.
The fifth proposed change to Section 5 -8 replaces the term "caliper" with the term "diameter at breast
height" (dbh) to more accurately reflect what is required when measuring trees for the purpose of
permitting removal of the tree.
The sixth proposed change to Section 5 -9 increases the time allowed for installation of replacement
trees from 30 days to 60 days from the date of tree removal. Table (1) Tree Replacement Standards
contains a discrepancy in tree size as it correlates to replacement credits. This discrepancy has been
corrected in order to be consistent with the rest of the code.
The seventh proposed change to Section 5 -10 replaces the term "caliper" with the term "diameter at
breast height" (dbh) to more accurately reflect what is required when measuring trees for the purpose
of permitting removal of the tree.
The eight proposed change to Section 5 -16 replaces the term "caliper" with the term "diameter at
breast height" (dbh) to more accurately reflect what is required when measuring trees for the purpose
of permitting removal of the tree.
FISCAL IMPACT:
There is no direct fiscal impact associated with the planning and zoning board's action on
ordinance 2011 -16.
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board
members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has
been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff.
Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's
Associations on file with the City, all individuals who have requested Agenda information,
Department Directors; and also posted outside City Hall; posted inside City Hall with additional
copies available for the general public. Furthermore, This Information Is Also Available To Any
Individual Requestors. City Staff Is Always Tilling To Discuss This Agenda Item Or Any Agenda Item
With Any Interested Individuals.
December 7, 2011
Planning & Zoning Board, Item 501
Page 3 of 3
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the
City Commission for Ordinance 2011 -16, which revises Section 5 -2 Intent and Purpose, Section 5 -3
Definitions, Section 5 -4 Permit required for tree removal and land clearing; separate violations;
criteria; contractor permit required, Section 5 -6 Permit application, Section 5 -8 Specimen or historic
trees, Section 5 -9 Tree replacement guidelines, Section 5 -10 Prohibitions, and Section 5 -16 Waivers;
incentive program and appeals of Chapter 5 Tree Protection and Preservation, Ordinance 2002 -08 of
the City's Code of Ordinances.
ATTACHMENTS:
A. Ordinance 2011 -16
Attachment 'A'
ORDINANCE NO. 2011 -16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 5,
TREE PROTECTION AND PRESERVATION, OF THE CODE OF
ORDINANCES, 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, the City Commission desires to clarify provisions of the City Code related to tree
protection and preservation; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 5 is hereby amended
as follows (underlined type indicates additions and 55tLI-NA.. type indicates deletions, while asterisks (*
*) indicate a deletion from this Ordinance of text existing in Chapter 5. It is intended that the text in
Chapter 5 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 5
Sec. 5 -3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated unless the
context clearly indicates otherwise:
City of Winter Springs
Ordinance No. 2011 -16
Page 1 of 5
e) DBH. Diameter of trunk at breast height, (approximately four and one -half (4 feet from the ground
of a tree base). If a tree has co- dominant stems, at or below 4.5 feet from ground level, it shall be
measured as two separate trees.
t) Specimen tree. A tree, other than an undesirable tree, structurally unsound tree that cannot be recovered
by pruning, dead tree, or diseased tree, that has a DBH e�iperof twenty-four inches or more irr�ier.
Specimen trees shall not include laurel oak (Quercus laurifolia), sand pine (Pinus clausa), or cherry laurel
(Prunus caroliniana) or any tree found on the Florida Exotic Pest Plant Council's Invasive Plant Species
List.
w) Tree. Self- supporting wood, perennial plants of species which have a trunk with a DBH di�nre of
at least fount (4) inches and normally grow to an overall Crown height of a minimum
of fifteen (15) feet. Cabbage palm greater than fifteen (15) feet tall.
Sec. 5 -4. Permit required for tree removal and land clearing; separate violations; criteria;
contractor permit required.
(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:
(2) Trees located within ten (10) feet of a structure or other improvement, —that nose a clear or obvious
safety hazard or have caused damage to said structure as determined by the City Forester.
trees are kill Lll%., F I%Jp%.,IL Y III VVIILII 3%.A.Allkill _).7 kil. L1113 %.,IICL
Sec. 5 -6. Permit application.
(a) Filing application and payment offees An application for tree removal and land clearing shall be filed
on official forms provided by the city's forester. The applicant shall be required to pay a fee as may be
established by resolution of the city commission, except that no fee shall be required for the removal of
trees that Di are dead, diseased, or suffer from severe structural defects, or 11 pose a clear and obvious
safety hazard to structures and people or 111 are removed for a public project sponsored and paid for by
the city, or (iv) any tree found on the Florida Exotic Pest Plant Council's Invasive Plant Species List.
City of Winter Springs
Ordinance No. 2011 -16
Page 2 of 5
(1) A tree inventory, for the portion of the site to be developed, consisting of a scaled drawing of a scale
of one (1) inch equals fifty (50) feet or less for undeveloped land or for developed single family residential
land, a sketch approximately one (1) inch equals fifty (50) feet or less indicating:
a. Property boundaries.
b. The location of all individual trees including the tree's common or scientific name, and DBH
of trees.
Sec. 5 -8. Specimen or historic trees.
(a) Designation. Certain trees, herein referred to as "specimen" or "historic" trees, are of especially great
concern to the public because of ecological value, of indigenous character, size, age or historic association.
Determination that a tree is a historic tree shall be made by resolution of the city commission after a
recommendation of the beautification board of Winter Springs, and the city forester shall keep a
permanent record of all trees so designated by the city commission. Specimen trees are all trees (other than
"undesirable trees" identified in Appendix A, dead trees or diseased trees) which have a DBH of
twenty -four (24) inches or more _ ' ___ _ __ _ _ _ . Designation as an historic tree may occur in any one of the
following ways:
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 thil L �__Y v six 60 days of removal or destruction, whichever date is
earlier, unless a greater replacement period is provided for good cause by permit.
City of Winter Springs
Ordinance No. 2011 -16
Page 3 of 5
TABLE 1. TREE REPLACEMENT STANDARDS
DBH of
Number of
Number of
Preferred Plant
Contribution to Tree
Protected Tree
Replacement
Replacement Small
Bank
Canopy Trees
Trees or Palms
Required For
Required For Each Tree
Each Tree
Removed
Removed
4' up to
1
1
Preffered Plant(s) with
or
$250.00
Credits
but not
or
or
including
(7 911
Sit Up
or
or
Preffered Plant(s) with
or
$500.00
Credits
to but not
2
2
including
12"
Sec. 5-10. Prohibitions.
(d) Structure and pavement location. It shall be unlawful to attach anything to a tree or stem, including
nails or spikes, having a DBH e�iRme�er of four (4) inches or more an other than protective
wires, braces or other similar noninjurious materials.
Sec. 5 -16. Waivers; incentive program and appeals.
(a) Waivers. The city commission may grant a waiver to provisions of this chapter where the applicant
demonstrates that the literal interpretation of the chapter will deny the applicant reasonable use of the
property or where such waiver can be demonstrated to be consistent with the purpose and intent of the
chapter. The preservation of any approved tree over four (4) inches in DBH in�iper may be considered
as the basis for the granting of a waiver from the literal application of the provisions of the city's land
development regulations. If, in the determination of the city commission, the sole basis for the request for
waiver is to preserve such tree which would otherwise have to be removed, it may direct any requierd
waiver fee to be waived.
City of Winter Springs
Ordinance No. 2011 -16
Page 4 of 5
Section 4. 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 5. 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.
Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of , 2011.
ATTEST: CITY OF WINTER SPRINGS, FLORIDA
ANDREA LORENZO- LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE
City Attorney
CHARLES LACEY
Mayor
City of Winter Springs
Ordinance No. 2011 -16
Page 5 of 5