HomeMy WebLinkAbout2016 07 25 Public Hearing 401 Ordinance 2016-03, Second Reading, Arbor Code Revisions
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ORDINANCE NO. 2016 -03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CODE OF ORDINANCES, CHAPTER 5 - ARBOR DIVISION
REGARDING TREE PROTECTION AND PRESERVATION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under §2(b), Article VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Florida Constitution, Article II, Section 7 provides "It shall be the
policy of the State to conserve and protect its natural resources and scenic beauty;" and
WHEREAS, the City Commission 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 the installation of new trees in the
City; and
WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air
pollution by removing particles such as dust and pollen, increase oxygen production, slow
surface water runoff, reduce soil erosion, provide food, nesting sites and protection for
wildlife, enhance scenic beauty, and provide other environmental benefits; and
WHEREAS, the City Staff has reviewed the current Arbor Ordinances and has advised
this City Commission that the current Ordinance should be revised in order to preserve and
protect the citizens of the City of Winter Springs and to promote an aesthetically and
environmentally pleasing community; 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 incorporated herein by this
reference.
City of Winter Springs
Ordinance No. 2016 -03
1
SECTION 2. Amendment to Section 5 -4 of the City Code. Section 5 -4 of the City
Code is hereby amended as follows (proposed additions to the City Code are indicated by
underlined text and deletions by stfikethfettgh, while asterisks ( * * *) indicate a deletion from this
Ordinance of text existing in Section 5 -4. It is intended that the text in Section 5 -4 denoted by
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
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
Iee-ated within the City without first obtaining a permit as provided in this chapter. If a property
owner has retained a contractor to perform land clearing or tree removal, the contractor must
have a valid arbor license and shall be responsible for obtaining a 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 /or each day a person is engaged in land clearing without a permit.
SECTION 3. Amendment to Section 5 -8 of the City Code. Section 5 -8 of the City
Code is hereby amended as follows (proposed additions to the City Code are indicated by
underlined text and deletions by str-ikethr-ettgh, while asterisks ( * * *) indicate a deletion from this
Ordinance of text existing in Section 5 -8. It is intended that the text in Section 5 -8 denoted by
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
Sec. 5 -8. Specimen or historic trees.
(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 manager after consideration of a written recommendation by the city
arborist and department director eemmissien. Final permit decisions made by the city manager
are subject to appeal pursuant to section 5 -16(b) of this chapter.
City of Winter Springs
Ordinance No. 2016 -03
2
SECTION 4. Amendment to Table 1 of Section 5 -9 of the City Code. Table 1 of
Section 5 -9 of the City Code is hereby amended as follows (proposed additions to the City Code
are indicated by underlined text and deletions by stfikethfettgh, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Section 5 -9. It is intended that the text in Section
5 -9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
Sec. 5 -9. Tree replacement guidelines.
TABLE 1. TREE REPLACEMENT STANDARDS
TABLE INSET:
City of Winter Springs
Ordinance No. 2016 -03
3
Number of
Number of
Replacement
DBH of
Replacement
Small Trees
Preferred
Contribution
Canopy Trees
or Palms
Protected Tree
Required for Each
Required for
Plant
to Tree Bank
Tree Removed
Each Tree
Removed
Preferred
4" up to but not
1
or
1
or
Plant(s)
or
$2-5-0150
including 9"
w /Credits
Preferred
9 up to but not
or
Plant(s)
2
2
$egg 300
including 12"
w /Credits
Preferred
12" up to but
Not
Plant(s)
not including
3
$750 450
allowed
w /Credits
16"
Preferred
16" up to but
Not
Plant(s)
not including
4
$1000600
allowed
w /Credits
24"
City of Winter Springs
Ordinance No. 2016 -03
3
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. 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 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 July 2016.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
City of Winter Springs
Ordinance No. 2016 -03
4
To Be
To Be
To Be
<24"
To Be Preserved
Preserved
Preserved
Preserved
*These amounts may be adjusted biannually to compensate for increases to costs of plants as
well as to costs of installation and establishment.
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. 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 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 July 2016.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
City of Winter Springs
Ordinance No. 2016 -03
4
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: June 13, 2016
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2016 -03
J2 I Orlando Serstlnel Sunday, July 10, 2016 SE A e C D E
FOLLOWING
:E OF THE CITY
DF THE CITY OF
RINGS, FLORIDA
THE CODE OF
CHAPTER 5
SION REGARDING
)TECTION AND
RESOLUTION PROVIDING FOR
INCORPORAT tWTO THE CODE;
PROVIDING -'F SfEVERABILITY;
AND PROCII tf�G FOR AN
EFFECTIVE ATE'.
MONDAY, JULY 2ST4, 2016 AT 5.15
P.M.
OR SOON THEREAFTER IN THE
COMMISSION CNAMB RS
LOCATED AT THE WINTER
Proposed ordinance and resolution
be inspected by interested parties
Teen B a.m. and 5 p.m., Monday
ugh Friday, at fhe City% Clerk's
:e, located at 1126 East State Road
Winter Springs, Flarida. Persons
disabilities neMing assistance to
icipate in any of these proceedings
�Id contact the Employee Relations
1800, Extension 236. These are public
hearings. If you decide to appeal any
recommendation /decision made by the
City Commission with respect to any
matter considered at this meeting, You
will need a record of the Proceedings,
and for such purposes, you may need
to ensure that verbatim record of the
Proceedings is made upon which the
appeal is based. Interested parties are
advised that they may appear at the
meeting and be heard with respect to
the proposed ordinance and resolution.
1 SEM4281106 7/10/2016
1_] h: 1-0.1-1111IF1 [_11111111kL17W4!;1:"�
VACATING, CLOSING AND
ABANDONING AN UNNAMED
ALLEY, AS RECORDED IN PLAT
BOOK 3, PAGE 48, IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY,
FOR GONZALO IVAN PADILLA
Notice is hereby given that the
Seminole County Board of County
Commissioners (BCC), at its public
hearing held on JUNE 28, 2016,
Pursuant to Notice of Hearing
heretofore given, passed and adopted a
Resolution vacating the following:
Unnamed Alley Vacate - Adopt the
Resolution vacating and abandoning
an unnamed alley, as recorded in Plat
Book 3, Page 48, in the Public Records
of Seminole County, Florida, for
property located near the intersection
of Tangerine Avenue and N. Ronald
Reagan Boulevard. Approximately
262 feet north of N. Ronald Reagan
Boulevard, Sanford, Florida; (Gonzalo
Ivan Padilla, Applicant) District
2 - Horan (Angi Keolhofer, Project
Manager)
By the Board of County Commissioners
of Seminole County, Florida, this 28th
day of June, 2016.
BOARD OF COUNTY
COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEM4291819 7/10/2016
ONLINE
Orlando Sentinel Classified
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advertise is
VACATING, CLOSING AND
ABANDONING AN UNUSED
PORTION OF THE PUBLIC RIGHT -
OF -WAY KNOWN AS 6TH STREET
FOR STEVEN D. WAGNER
Notice is hereby given that the
Seminole County Board of County
Commissioners (BCC), at its public
hearing held on JUNE 28, 2016,
pursuant to Notice of Hearing
heretofore given. Passed and adopted a
Resolution vacating the following:
6th Street Right -of -Way Vacate
Adopt the Resolution vacating and
abandoning an unused portion of the
Public right -of -way known as 6th Street,
as recorded in Plat Book 3, Page 23, in
the Public Records of Seminole County,
Florida, for property located near the
intersection of 6Th Street and N. CR
426, approximately 600 feet south of N.
CR 426, Oviedo, Florida; (Steven D.
Wagner, Applicant) District 2 - Horan
(Denny Gibbs, Project Manager)
By the Board of County Commissioners
of Seminole County, Florida, this 28th
day of June, 2016.
BOARD OF COUNTY
COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEM4294393 July 10, 2016
SEMINOLE COUNTY NOTICE OF
PUBLIC HEARINGS TO BE HELD
JULY 26, 2016 AT 1:30 P.M.
Notice is hereby given that the
Seminole County Board of County
Commissioners (BCC) will conduct
two public hearings as noticed above,
or as soon thereafter as possible, in
the County Services Building, 1101
East First Street, Sanford, Florida,
Room 1028 (Board Chambers). The
purpose of these hearings is to consider
recommendations of the Seminole
County Local Planning Agency/
Planning and Zoning Commission,
receive public input on each matter,
and take BCC action on each of the two
projects listed below:
1. Clifton Park Phase II PD
Rezone - Consider a Rezone from
A -1 (Agriculture) to PD (Planned
Development) for a 50 191 single
family residential subdivision on
approximately 15.26 acres, located on
the east side and south end of Deep
Lake Road approximately 300 feet west
of State Road 417;(Z2016 -017) (Dustin
Lucas, Applicant) District 1 - Dallari
(Brian Walker, Project Manager)
AN ORDINANCE AMENDING,
PURSUANT TO THE LAND
DEVELOPMENT CODE OF
SEMINOLE COUNTY, THE ZONING
CLASSIFICATION ASSIGNED TO
CERTAIN PROPERTY LOCATED IN
SEMINOLE COUNTY; REZONING
CERTAIN PROPERTY CURRENTLY
ASSIGNEDTHEA -1 (AGRICULTURE)
ZONING CLASSIFICATION TO THE
PD (PLANNED DEVELOPMENT)
ZONING CLASSIFICATION;
PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
EXCLUSION FROM CODIFICATION;
AND PROVIDING AN EFFECTIVE
DATE.
2. San Pedro PD Major Amendment
and Rezone - Consider a Major
Amendment and Rezone from PD
(Planned Development) to PD
(Planned Development) for a mixed
use development on approximately
468 acres, located on the north side of
Howell Branch Road, approximately
400 feet east of Jergo Road; (Z2016 -023)
(Richard Jerman, Applicant) District
1 - Dallari (Brian Walker, Project
Manager)
AN ORDINANCE AMENDING,
PURSUANT TO THE LAND
DEVELOPMENT CODE OF
SEMINOLE COUNTY, THE ZONING
CLASSIFICATION ASSIGNED TO
CERTAIN PROPERTY LOCATED IN
SEMINOLE COUNTY; REZONING
CERTAIN PROPERTY CURRENTLY
ASSIGNED THE PD (PLANNED
DEVELOPMENT) ZONING
CLASSIFICATION TO THE PD
(PLANNED DEVELOPMENT)
ZONING CLASSIFICATION;
PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
EXCLUSION FROM CODIFICATION;
AND PROVIDING AN EFFECTIVE
DATE.
Interested parties are encouraged to
appear at these hearings and present
writleNoral input regarding the
props d items listed above and related
mat' - . or submit written comments
to bwalker0seminolecountyfl.gov at
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