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HomeMy WebLinkAbout2003 02 26 Arbor Ordinance Review Advisory Committee Minutes CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING FEBRUARY 26,2003 I. CALL TO ORDER The Tree (Arbor) Ordinance Review Advisory Committee Meeting was called to order on Wednesday, February 26, 2003 at 5:02 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Committee Member Marshall Allen, present Committee Member Gary G. Diller, present Committee Member Carol Fottler, present Committee Member Byron Giltz, present Committee Member Darcy Meagher, present Committee Member Brian J. Oliver, present Committee Member Roger Owen, absent Committee Member William Reischmann, present II. CONSENT CONSENT A. Approval Of The January 22, 2003 Meeting Minutes. Ms. Marilyn Crotty, University of Central Florida, Florida Institute of Government, 36 West Pine Street, Orlando, Florida: inquired if there were any additions or corrections to the Minutes. Committee Member Byron Giltz noted that on page 3, "Specimen Tree" should be capitalized in Section 5-8. (~). Ms. Crotty suggested the following corrections should be made: that "Or a citation shall be issued" should be the last sentence in Section 5-9. (~) and on page 3, Section 5-5. (h) should be removed and inserted under "Scooe of Authoritv." on page 2. Next Ms. Crotty said, "And there is some confusion and this is just purely having to do with the way this is written with the 'a' and 'b's and 'c's it gets very confusing but on the next to the last page of the Minutes where it says [It was noted by Ms. Crotty that on page 13 of 19 that the paragraph noted as (C) should actually be' it is not continuation of (B) but the (g) that is there should be an (~)"]; and then on page 5, the first bullet should read "Ways to educate the Residents and Employees on tree maintenance and removal." CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUARY 26, 2003 PAGE20F9 Ms. Crotty asked, "Is there a Motion to approve as Amended?" "I MOVE THAT WE APPROVE THE MINUTES OF JANUARY 22, 2003 AS AMENDED." MOTION BY COMMITTEE MEMBER REISCHMANN. SECONDED BY COMMITTEE MEMBER DILLER. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. CONSENT B. Approval Of The February 3, 2002 Meeting Minutes. Ms. Crotty inquired if there were any additions or corrections to these Minutes. Committee Member Giltz noted that on page 2, Section 5-13. subsection (12), should be removed entirely, then the Committee recommended that the language in (12) be reworded by the City Attorney to clarify that a "Single or Duplex lot over 6,000 square feet, one additional tree for up to each 4,000 square feet" is required. Committee Member Carol Fottler noted that under Section 5-10. CD on page 1, that "These terms need to be defined in the body of the Ordinance" should be included and then Section 5-10. (4), should read "Having two different categories, one for large trees and one for small trees." . Ms. Crotty said that on page 2, Section 5-12. (4) "Or the certificate of occupancy obtained" should be added to the last sentence. In Section 5-13. (Q). the first sentence should read "The Committee recommended that the word 'approximately' be removed." Ms. Crotty further noted that on page 2, in Section 5-14., (12) should be replaced with the following: "w Protective Barriers Required The title should be "Protective Barriers and Signage ReQuired." It was recommended that the sign should display the fine." Ms. Crotty also noted that subsection (Q) should be (4) and be written as: "(4) Site Inspections. It was decided that the word "Applicant" should be "Owner" and that on page 2 the last paragraph should read as follows: The Committee recommended that a new subsection @ be added to include "Build structures to protect trees on adjacent parcels" with the final verbiage to be completed by the City Attorney." Ms. Crotty noted on page 3, Section 5-15. "And be addressed elsewhere in the Ordinance" needs to be removed. Under Section 5-16. Waiver and Appeals. "The Beautification of Winter Springs Board" (BOWS) should be submitted to the sentence following "Citizen Board". Also on page 3, Section 5-17. (12) add "A formula for CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUAR Y 26, 2003 PAGE30F9 replacement trees to make up for destroyed trees"; and eliminate the last sentence of Section 5-17. (12). Ms. Crotty then stated that Section 5-18. (~) should be eliminated entirely as there were no changes to this subsection; under (12) the Committee suggested clarifying "Who levies the penalties - when it's appropriate for the Code Enforcement Board, when it should be a citation, and when appropriate, the need to restructure fines and (f) better to define all of these" by the City Attorney. Lastly, Ms. Crotty noted under Ms. Yvonne Froscher's Public Input, the word "Reviewed" should be deleted. Ms. Crotty requested a "Motion to approve the Minutes as corrected." "SO MOVED." MOTION BY COMMITTEE MEMBER BYRON GIL TZ. SECONDED BY COMMITTEE MEMBER REISCHMANN. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR REGULAR A. Ms. Yvonne Froscher, Environmental Consultant's Report. Ms. Yvonne Froscher, Environmental Consultant, Post Office Box 195305, Winter Springs, Florida: presented her Report to the Committee Members for their review with the recommendations and revisions the Committee has made thus far. Section 5-3. Definitions (k} Land Clearing. Replace the definition in Ordinance (2002-08) with (15.) in Ms. Froscher's report; and add to the definition "Routine maintenance of undeveloped property. " ill Specimen Tree. Add definition in the Ordinance with (~) in Ms. Froscher's Report; these are additional exemptions of Specimen Trees; add to definition "Structurally unsound trees that cannot be recovered by pruning." (w) Tree. Ms. Froscher added fibrous trees to this definition and to include palms. Other Advisory Board Recommendations: Ms. Froscher suggested that the City Arborist be on the Development Review Committee. The Committee agreed that numbers 2., 3., and 4. should be grouped as one when referring to giving the City Arborist more control. Tapel/Side B CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUARY 26, 2003 PAGE40F9 Advisory Board Recommendation 1: Section 5-4. Permit Required for Tree Removal and Land Clearine: Separate Violations; Criteria: Ms. Froscher revisited this Section of the Ordinance. Discussion. Committee Member Gary Diller recommended that (12) (Q) remain in the Ordinance and called for a vote. "I MAKE A MOTION WE LEAVE ITEM @ AS IS IN THE ORDINANCE." MOTION BY COMMITTEE MEl\fBER DILLER. SECONDED BY COMMITTEE MARSHALL. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS AP:PROVED. MOTION CARRIED. Advisory Board Recommendation 2: fQ} i22 Silvaculture shall be exempt; the Committee recommended to add "Document income based upon the value of a mature harvest" to this Section. Advisory Board Recommendation 3: The recommendation from the Committee was to change the word "Reasons" to "Hazard" to be consistent with the wording in the Ordinance. Advisory Board Recommendation 4: It was agreed that "He can have input" should instead be "The Forester can have input". Advisory Board Recommendation 5: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 6: No changes were made to the recommendation by the Committee. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUARY 26, 2003 PAGE50F9 Advisory Board Recommendation 7: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 8: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 9: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 10: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 11. Section 5-9. Tree Replacement Guidelines: ili2 ill The Committee recommended that "Undue hardship" would become "Undue economic hardship". Advisory Board Recommendation 12: .G22 @ The Committee recommends adding "As defined by the City Comprehensive Plan" to this Section. Other Recommendations: 3) City Attorney Anthony A. Garganese spoke of researching the "Cease and desist orders" and recommended that the City Manager should have final say in a "Cease and desist order". Discussion. The Committee suggested that the City Forester be able to issue a temporary "Cease and desist order" until it is reviewed by the City Manager. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUARY 26, 2003 PAGE 6 OF 9 Tape 2/Side A Note: Due to technical difficulties with the tape recorder this portion of the Meeting is inaudible. Advisory Board Recommendation 15: Section 5-10. Prohibitions. Add definition of terms to Section 5-10. to be 5-10. (j) in the Ordinance. Advisory Board Recommendation 16: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 17: Section 5-13. Minimum Tree Requirement. fQ2 It was agreed to change 10,000 square feet to 6,000 square feet. Section 5-15. Voluntary Tree Plantin2. Delete the last sentence "No tree or plant shall be planted within a City rights of way or easement without express permission from the City Forester." Advisory Board Recommendation 18: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 19: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 20: The Committee agreed with Ms. Froscher's recommendation. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUARY 26, 2003 PAGE70F9 Advisory Board Recommendation 21: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 22: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 23: Section 5-16. Waivers and Appeals. Attorney Garganese spoke of there being only two (2) Boards who hold quasi-judicial status in the City, the City Commission and the Code Enforcement Board. ill and @ The Committee recommended that the wording, "Beautification of Winter Springs Board" be replaced with the "Board of Adjustment". Discussion. The Committee recommended that the City Commission delegate the responsibility of Waivers and Appeals to the Board of Adjustment; and that any Board of Adjustment decisions are to be final. The Committee agreed to Ms. Frosher's following "Revision [Sec. 5-8(a)]": (a) Designation ..... Determination that a Tree is a "Historic Tree" shall be made by Resolution of the City Commission, based on a recommendation of the Beautification of Winter Springs, and the City Forester... Advisory Board Recommendation 24: It was agreed that the City Attorney will address this Item. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. .:. .:. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUARY 26, 2003 PAGE 8 OF9 REGULAR C. Public Input. Mr. Al Partington, 1456 Mount Laurel Drive, Winter Springs, Florida: inquired about rules and laws concerning "Greenbelt" areas. Mr. Partington was advised to contact Code Enforcement. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: thanked the Committee for their work and asked about the removal of dead trees. Ms. Tackaberry was referred to Mr. Mike Mingea, City Forester/Environmental Inspector, Community Development Department for answers to her questions. Commissioner Edward Martinez Jr., 931 Old White Way, Winter Springs, Florida: suggested that the Committee recommend to the City Commission "That a Developer who has not had their plans for development approved in the time that this Ordinance goes into effect shall be required to abide by the Ordinance in place at the time the plans are approved". Commissioner Martinez then spoke about a recent development and Vested Rights. Discussion followed regarding tree replacements; grouping of trees; trees as buffers; and applications for development. REGULAR B. Review of Appendices. Ms. Froscher then presented an updated criteria table on Tree Replacement Standards to the Committee for review and to be further discussed at the next Meeting. Ms. Froscher said that Tree Replacement Standards, Desirable Trees, and Contribution to the Tree Bank will need to be revisited at the next Meeting. Tape 2/Side B Note: Due to technical difficulties Tape 2/Side B of the audio tapes are not audible. REGULAR D. Committee Discussion. This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING - FEBRUARY 26, 2003 PAGE 90F9 REGULAR E. Plans for Transmittal of Recommendations to the City Commission. This Agenda Item will be addressed at the Monday, March 3, 2003 Meeting. IV. FUTURE AGENDA ITEMS Please see Regular Agenda Item "B". V. REPORTS This Agenda Item was not discussed. VI. ADJOURNMENT Ms. Crotty adjourned the Meeting at 7:30 p.m. RESPECTFULLY SUBMITTED BY DEBBIE GILLESPIE, DEPUTY CITY CLERK AND JAN PALLADINO ASSISTANT TO THE CITY CLERK Boards and Committees\Tree (Arbor) Ordinance Review Advisory Committee\alll\Minutes\022603 MEETlNG.doc NOTE: These Minutes were approved at the ,2003 Tree (Arbor) Ordinance Review Advisory Committee.