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HomeMy WebLinkAbout2025 11 10 Public Hearing 401 - (First Reading) Ordinance 2025-16: Amending Allowable Expenditures of Tree Bank FundsPUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING TITLE First Reading of Ordinance 2025-16: Amending Allowable Expenditures of Tree Bank Funds SUMMARY The City Commission previously discussed the use of arbor, also known as tree bank, fund revenues at the August 25, 2025 meeting. The Commission voted at that time to direct staff look into adding language to replace trees that are removed with other trees and not allow funds to be expended on equipment. The proposed ordinance amends Section 5.9. Winter Springs City Code to make these desired changes, specifically stating "Monies collected in the tree bank shall be used for planting and maintaining desirable trees on public lands or for meeting Tree City USA Standards as published by the Arbor Day Foundation. Tree bank monies shall not be used to purchase equipment." Desirable trees is a defined term in the City's Tree Ordinance and are listed in the City Code in the Appendix in Chapter 5 of the City Code. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission hold a public hearing and approve Ordinance 2025-16 on first reading. 62 ORDINANCE NO. 2025-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS SECTION 5.9, REGARDING THE EXPENDITURE OF MONIES COLLECTED IN THE CITY’S TREE BANK; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission recognizes that the City’s Tree Protection and Preservation Ordinance currently allows the City Commission to waive the number of replacement trees required upon issuance of a tree removal permit if an applicant pays a tree replacement fee to the City's "tree bank," and that monies collected in the tree bank will be used for enhancement and maintenance of trees on public lands; and WHEREAS, the intent and purpose of this Ordinance is to amend the Tree Protection Ordinance only with respect to how the tree bank monies collected by the City can be expended; 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; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 5, of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout 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 – TREE PROTECTION AND PRESERVATION * * * Sec 5-9. – Tree replacement guidelines. * * * City of Winter Springs Ordinance No. 2025-16 Page 1 of 3 63 City of Winter Springs Ordinance No. 2025-16 Page 2 of 3 (b)Criteria for replacement trees is as follows: * * * (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 planting and maintaining desirable trees on public lands or for meeting Tree City USA Standards as published by the Arbor Day Foundation. Tree bank monies shall not be used to purchase equipment. 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. ** * Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. 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 7. 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 8. Effective Date. This Ordinance shall become effective 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______________, 2025. 64 City of Winter Springs Ordinance No. 2025-16 Page 3 of 3 Kevin McCann, Mayor ATTEST: Christian Gowan, 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: Second Reading: 65