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Home My WebLink About2012 09 10 Public Hearing 503 Ordinance 2012-12 Tree City Text AmendmentCOMMISSION AGENDA ITEM 503 September 10, 2012 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular KL RS City Manager Department The City Attorney and the Urban Beautification Division request that the City Commission consider Ordinance 2012 -12 on Second Reading which proposes to amend Section 5 -8 of the City Code to require that the City Arborist make a recommendation to the City Commission regarding historic tree process. SYNOPSIS: At the City Commission meeting on August 13, 2012, the City Commission directed that an Ordinance be prepared to amend Section 5 -8 of the City Code to repeal the requirement that staff bring historic tree applications to a Citizen Advisory Board prior to a recommendation to the City Commission; in order to streamline the application process, as the request must already be reviewed by the City Arborist as a matter of operational procedure. CONSIDERATIONS: 1. The City Commission adopted the City's comprehensive Arbor Ordinance, including the Historic Tree provision, in 2002 (Ordinance 2002 -08). 2. Pursuant to Ordinance 2003-22, the City Commission amended the Arbor Ordinance which included within the various amendments a new requirement that an Advisory Board make a recommendation on historic tree applications. 3. Based on the processing of recent historic tree applications, the City Commission determined that the historic tree application process could be streamlined to improve processing time by repealing the additional step of requiring an Advisory Board to make Public Hearings 503 PAGE 1 OF 3 - September 10, 2012 recommendations on these applications. 4. Therefore, on August 13, 2012, the City Commission directed the City Attorney to prepare the necessary Ordinance to effectuate the streamlining of the historic tree application process. 5. Upon review of the City Commission's direction, the City Manager also recommends that the City's Arborist make the recommendation directly to the City Commission given that the Arborist must still process the application on the City Commission's behalf and must determine compliance with the City Code. 6. For the City Commission's consideration, the City Attorney prepared the proposed Ordinance 2012 -12 to include the direction given by the City Commission and the recommendation of the City Manager which is consistent with the City Commission's desire to streamline the historic tree approval process. At a regular meeting of the City Commission on August 27, 2012, Agenda Item PH -500, first reading of Ordinance 2012 -12, was unanimously approved by the Commission to move the item forward to a second reading and final approval. FISCAL IMPACT: If the Ordinance is approved, there may be incidental and nominal cost savings, from time to time, related to not having to staff advisory board meetings in order to process a historic tree application. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This proposed amendment was publicly advertised in the Orlando Sentinel on August 30, 2012. RECOMMENDATION: The City Attorney and the Urban Beautification Division recommends that the City Commission approve Ordinance 2012 -12 on second reading. Public Hearings 503 PAGE 2 OF 3 - September 10, 2012 ATTACHMENTS: 1. Ordinance 2012 -12 2. Legal Ad - August 30, 2012 Public Hearings 503 PAGE 3 OF 3 - September 10, 2012 Attachment I l l ORDINANCE NO. 2012-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; STREAMLINING THE HISTORIC TREE APPROVAL PROCESS SET FORTH IN CHAPTER 5 OF THE CITY CODE TO REQUIRE A RECOMMENDATION FROM CITY ARBORIST RATHER THAN THE CITY' S BEAUTIFICATION BOARD; 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 streamline the approval process related to the designation of historic trees within the City by amending the recommendation requirement to be given by the City's arborist rather than the City's Beautification Board before an application can be approved; 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. 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 Code of Ordinances, Section 5 -8 of the City Code is hereby amended as follows (underlined type indicates additions ands eems type indicates deletions): 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 city's arborist Of ZFT; r� and the city arborist shall keep a permanent record of all trees so designated by the city City of Winter Springs Ordinance No. 2012 -12 Page 1 of 3 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: (1) An applicant may request designation of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an expert evaluation by a landscape architect, horticulturalist, city forester, or other horticultural expert as part of the application. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert evaluation by a landscape architect, horticulturalist, city arborist or other horticultural expert. (3) The city's arborist may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designation, or may make such designation as part of an overall tree protection planning program for the city or portion thereof. (4) Historic tree designations shall be subject to approval by resolution of the city commission and the city commission may grant tree replacement credits, upon granting an historic tree designation. (b) Removal. Notwithstanding any other provision of this chapter, specimen or historic trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city commission. 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 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 of Winter Springs Ordinance No. 2012 -12 Page 2 of 3 City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of September, 2012. CHARLES LACEY, 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: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2012 -12 Page 3 of 3 Attachment 1 2 ' ' SE ThUr �dOy, A ugust 3o, 2012 Orlando entIneI I I�x�ole Extra C � S d► 3` � r r a€ a'`' s d 'I= rrid1ng - 1 4 07- appea is Eased {I� da SWWI0% a f� 28 6,0105). f ' TI PUBLIC NOTICE COMPREHENSIVE NOTICE � HEARING- CITY WI SPRING$ PLAN AMENDMENT CITY WI SPRINGS CITY WINTER SPRINGS NOTICE i HEREBY GIV T THE CITY NOT14 IS lit R:SYGtVE T HAT THE LOCAL PUN N1NG AGENCY AND CITY NOTICE I� 3Y �� THAT T CI PURPOSES TO CONSIDER: COMMISSION ILL CCNSIDER.o COMMISSION PURPOSESTO CO IDER: ORDINANCE NO. ORDINANCk NIA. 2012 -18 AN ORD OF THE GIV COMMISSION OF THE CITY OF WINUR SPRINGS, UMINOLE COUNTY. FLORIVA, RED. ING TO �i�MPRERENSIVE ORDINANCE 0.2012 -1 A ORDINANCE OF THE CITY GOM ISSI0N FORTA PLAN AMENDMENT, E REFERENCE AS CPA o,a -Ir is FI, F PHOVI DI ' HG AN ORDINANCE O THE CITY C M ISSION OF THE CITY GE WINTER SPRINGS, FLORIDA, FOR AD1 I TtON OF AN AMENDMENT TO THE FUTURE I, ND UU MAP BY I)ES IGNMING CERTAIN MEAL PROPE13TY W THE CITY 'OF OF THE CITY Off' LINTER SPRINGS, FLOPIDA, AMEN CHA -3 THE CITY WINTER SPRINGS GENERALLY DESCRIBED AS ONE (1) RAI�CEL Of LAND, CONTA 40 GROSS ACMES MORE OR LESS. AND LOCATED AMENDING CHAPTER 2 DIVISION 4 OF THE CODE; PROVIDING FOR THE REPEAL OF GENERALLY ALONG EAST STATE ROAD 4$4, MORE 1'AR1'MIJ;LARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT A, AnACHED HERETI) AND CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND FULLY INCORPORATED fiEREIN BY THIS REFERWE, FROM MIXED USE FO GREENEWAY INTERCHANGE DISTRICT AND COUSERVATIBN OVERLAY PRI I NCONSIS TENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE VON THOSE AFFECTED ANEAS); PROVIDING AN EFFECTIVE DATE AND AL RESOLUTIONS; INCORPORATION INTO THE CODE; SEV RABI LITY; AND AN EFFECTIVE Of THE PLAN TO THE STATE LAN FLANNiNG AGENCY :PROVID NC FOR THE REPEAL OF PRWR IHCONSISTEiNT ORDINANCES AND RESOLUTIONS, CODE; SBV RABILIT ; DATE. S EYE R ABI Lrff, AND AN EF FECTIVE DATE. AND AN EFFECTIVE DATE, NO. 2012-1 P IE#�RII�I A ORDINANCE 01= 71•�� I:OI�+'IE #ON.OF THE Ir IiTY OF WINTER AN SPRINGS, SE Ik;UE COUl+ , FLORIDA, RELATING70 COMPRtHENSIVE PUBLIC HEARING FOR SECOND -READING WILL BE HELD CAN PLANNING: S iNG FORTH AND ADOPTING A COMPREHENSIVE PLAN AI431<HOMENT, REVERENCED AS CPA -201 •03-E R, PROVIDING 10h FOR SECOND READING WILL BE HELD ON MONDAY, SEPTEMBER 10, 2012 A 5 :15 Pik AMENDMENT T O THE CITY' CAPYfAl IMPROVEMENT I LEMEWr OF THE COMPREHENSIVE PLAN; PROVIDING AN. EFFECTIVE DATE AND LEGAL M ONDAY, SEPTEMBER 10, 2012 AT ,15 PIS STATUS Or IRE PLAN AMErN17WNT; PRO FOR IRANSMTTAL OF OR SOON TH REAI TER IN THE COMMISSION - THE PLAN TO THE STATE LAND PLANNINB Ili NCY; PROV101NG FOR THE WEAL OF PRIOR INCONSISTENT DROINANCES AND RESOLUTIONS. OR SOON TH R AFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS' SEVEI A ILIT . N All E CHAMBERS LOCATED AT WINTER SPRINGS' C ITY HALL, 1126 EAST STATE ROAD 434, ANN =EC - rluEDATE, N� A I:++#,#BL.Ifi, HEARING , �LO PL I . WILL BE HELD O CITY MALL, 1126 EAST STATE ROAD 434, W1 LITER SPRINGS, FL 52703 'TUESIDAY, SEPTE �, F-R 11, 2012 AT 5.30 W INTER SPRINGS, FL 32708 OR 80011THEREAi~1ER IN IHE THE PROPOSED ORDINANCE MAY BE I�o Elal�cl� E� L AT �IINTI<1� F+I� I'ICx �ETY H�4L.� THE PROPOSED ORDINANCE MAY BE OBTAINED BY INTERESTED PARTIES WINTER INT6 EAST STA 4 E =13 SlxldlNGa FLORIDA OBTAINED BY INTERESTED PARTIES BETWEEN 8 AEI AND Pm, MONDAY THRU CITY t�MMI IClt THAN I�IITT,AL PUBL HEARI T EE AEI AND P , MONDAY THRU FRIDAY, AT THE CITY CLERIC (DEICE WILL BE HELD ON FRIDAY, T 112 EAST STATE ROAD 4 34, LOCATE AT 1126 EAST STATE ROAD 434, IS a, 201 1�loraoaY, T s 15 � BM WINTER SPRINGS, FL 32708, FOR MORE WINTER SPRINGS, FL 32708. FOR MORE ON SOON THEREAFTE13INTHE IN ORMATiON CALF, (407) 327-1800 x227. INFORMATION CALL (407) 527 -1800 x227. W1 NTER SPRtNQ 9 C ITY �I'IALL ' PERSONS WITH DISABILITIES NEEDING PERSONS WITH DISABILITIES NEEDING 11 26 EAST STAU ROAD 434 WINTER SPRINGS, LORI DA ASSISTANCE TO PARTICIPATE IN ANY OF ASSISTANCE TO PARTICIPATE IN ANY OF The proposed - oTdInam 0 "y Ira ObUlied by hltaf�sted P;tMOS ba�vulln THESE PROCEED�N S SHOULD CONTACT THESE PROCEEDINGS SHOULD,CONTACT throuh Idea td at 1126 <, SEA 4��v intef SAM10S. Fla €dil, F MR IK FM #kffl, THE EMPLOYEE RELATIONS DEPARTMENT THE EMPLOYEE RELATIONS DEPARTMENT RT ENT earl {�� 3 t227. �e #s��+s with di �eedl� asslstar�va any of I dlsa to partwipate Ire lsza� pfoceedlrkgs shout conIacl The Employee COORMNATOR 4 HOURS lid ADVANCE COORDINATOR 4 HOURS IN ADVANCE O at (407) 327 Iie1�i #ao�s 2 ,1800, r�� Ooa�d;f� is a p Pa I�o�rfs �� advertae of IPa �teeia r q •I�I, n36. �bl� �5 ��I�c E }ea�#ag. In#efesked Pa�E�s xra O THE M ETIN6 AT: (407) 327.1800 x236. THE MEETING AT: (407) 327-1 x236. �dv�sed lt�al they M y �� at II�e Mee ;and Ike Aear� Wi th f�s��t Io Im qmpowj ardIran-c8, THIS IS A PUBLIC HEARING. INTERESTED THIS IS A PUBLIC HEARING, INTERESTED (#RO#NANCE2012 - 13 PARTIES ARE ADVISED THAT THEY I'+IIA P ARTIES ARE ADVISED THAT THEY MAY OCATEO MA APPEAR AT THE MEETING AND BE HEARD APPEAR AT THE M EETING AND BE HEARD I 1 � W ITH RESPECT TO TIDE PROPOSED WITH RESPECT TO THE PROPOSED fL �.�...,. 7 a.w R».,ewir 0RDIi AN CS, IFYOU DECIDE TO APPEAL ORDINANCE. IF YOU DECIDE TO APPEAL, ANY Y � J M►?... ANY RECOMMENDATION OR DECISION MADE RECOMMENDATION OR DECISION MADE ttCF�+Ir�Cv►w:Wi54rH,M BY THE CITY COMMIS 10 N W ITH RESPECT BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF TIME MEETING, YOU WILL NEED A -RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, PROCEEDINGS, AND FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT AVERBATIM YOU MAY NEED TO ENSURE THAT A �• � . RECORD OF THE PROCEEDINGS IS MADE VERBAT RECORD OF THE PROCEEDINGS IS UPON WHICH THE APPEAL IS BASED. MADE UPON WHICH THE APPEAL IS BASED. LEGAL DESCRIPTION LEG W 1 088 FT OF LOTS 14 + 21 N Of ROAD SEC S-21-31. PHILIP A YONN E GRANT P3 7 FG 30 ORDINANCE NO. 2012-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; STREAMLINING THE HISTORIC TREE APPROVAL PROCESS SET FORTH IN CHAPTER 5 OF THE CITY CODE TO REQUIRE A RECOMMENDATION FROM CITY ARBORIST RATHER THAN THE CITY'S BEAUTIFICATION BOARD; 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 streamline the approval process related to the designation of historic trees within the City by amending the recommendation requirement to be given by the City's arborist rather than the City's Beautification Board before an application can be approved; 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. 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 Code of Ordinances, Section 5-8 of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): 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 city's arborist beautification board of Winter Springs, and the city arborist shall keep a permanent record of all trees so designated by the city City of Winter Springs Ordinance No.2012-12 Page 1 of 3 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: (1) An applicant may request designation of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so,the applicant shall submit an expert evaluation by a landscape architect, horticulturalist, city forester, or other horticultural expert as part of the application. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert evaluation by a landscape architect, horticulturalist, city arborist or other horticultural expert. (3) The city's arborist may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designation, or may make such designation as part of an overall tree protection planning program for the city or portion thereof. (4) Historic tree designations shall be subject to approval by resolution of the city commission and the city commission may grant tree replacement credits, upon granting an historic tree designation. (b) Removal. Notwithstanding any other provision of this chapter, specimen or historic trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city commission. 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 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 of Winter Springs Ordinance No.2012-12 Page 2 of 3 City Charter. ADOPTED by the City Commission of the City of Winter Springs,Florida, in a regular meeting assembled on the 10th day of September, 2012. CE AT ES, ,/ • • 3A LORENZO-LUACES C. Clerk APPROVE I • S TO LEGAL FORM AND SUFFICIENCY FOR T CI Y OF WINTER SPRINGS ONLY. wr ANTHONY A. GARGANESE City Attorney First Reading: August 27, 2012 Legal Ad Published: August 30, 2012 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2012-12 Page 3 of 3