HomeMy WebLinkAbout1999 08 30 Public Hearings Item B
Date: 08301999
The following Item was addressed at the
Meeting held on 08/30/1999 which was a
continuation of Meeting 08/23/1999.
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
August 23, 1999
Meeting
Mgr. 1
Authorizati n
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission hold a first reading of changes to Chapter 5 entitled Arbor
Regulations of the City of Winter Springs Code of Ordinances related to tree
removal and replacement.
PURPOSE:
The purpose of this agenda item is to request the City Commission hold a first reading of
Changes to Chapter 5 of the City of Winter Springs Code of Ordinances relating to tree removal
and replacement.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 5 of the City of Winter Springs Code of Ordinances establishes procedures for issuance
of a permit to remove trees within the city.
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.
COD/August 13, 1999/12:25 PM
AUGUST 23,1999
PUBLIC HEARING AGENDA ITEM B
Page 2
STAFF RECOMMENDATION:
Staff recommends City Commission hold a first reading on changes to Chapter 5 regarding tree
removal and replacement.
ATTACHMENTS:
A. Ordinance No. 734
COMMISSION ACTION:
COD/August 13,1999/12:25 PM
ATTACHMENT A
ORDINANCE NO. 734
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
PRIVATELY 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), (1) 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 rights-of-ways.
(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 rights-of-ways.
(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 been approved by the city forester to be replaced
elsewhere on the property.
(6) Trees that appear on the Florida Exotic Pest PlantCouncil's List of
Invasive Plants, Class I.
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.
DONE AND ENACTED in regular session of the City Commission of the City of Winter
Springs, Florida this day of , 1999.
CITY OF WINTER SPRINGS, FLORIDA
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ATTEST:
Andrea Lorenzo-Luaces, Acting City Clerk