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Home My WebLink About2010 02 22 Public Hearing 502 Ordinance 2010-04 Tree Code Energy Devices CITY COMMISSION ITEM 502 Information Public Hearing X Regular February 22, 2010 Meeting Mgr. / D . . REQUEST: The Community Development Department requests that the City Commission hold a Public Hearing for Ordinance 2010 -04, amending the City's tree code to address energy devices based on renewable resources. SYNOPSIS: Recently, a resident made the City Commission and staff aware that he recently installed solar collectors to provide energy to his home (See City Commission Jan 25, 2010 Agenda Item 604.2). In light of this information, the City has had to consider the impact the installing of solar collectors may have on provisions of the City's tree code. Florida law preempts municipal ordinances that prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. In light of the above, the City Commission should consider a legislative amendment to the City's tree code. CONSIDERATIONS: APPLICABLE LAW AND POLICY Section 2 (b), Article VIII, of the State Constitution. Florida Statute 163.3194 Legal Status of Comprehensive Plan Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 5. Winter Springs Comprehensive Plan Section 163.04 prohibits governing bodies from adopting ordinances that prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. The current tree code does not expressly address renewable energy devices, and the recent situation with a resident has brought this issue to the forefront. Given the current climate of green policies and initiatives, the impacts of this statute on municipal ordinances (including the tree code) may become more prevalent in corning years. The City Commission may wish to proactively address this issue to February 22, 2010 Public Hearing Item 502 Page 2 of 2 facilitate the intent of the statute, which encourages renewable energy devices. The draft ordinance as written expressly provides criteria and review standards that address section 163.04, Florida Statutes. The City Attorney indicates that the legislative intent of the statute is to prohibit driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. It is the City Attorney's opinion that section 163.04, Florida Statutes is not intended to strictly prohibit the application of all municipal ordinances. However, given the current statutory language and the lack of legal authority interpreting the same, it is difficult to discern when the statute would preempt a municipal ordinance. The draft ordinance addresses this difficulty by authorizing trees to be removed when trees prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources and by waiving the requirements for tree replacement and tree bank contributions. FISCAL IMPACT: Given section 163.04, Florida Statutes, the draft ordinance may have a negative impact on future tree bank contributions. COMMUNICATION EFFORTS: Jan. 24, 2010- Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing P &Z /LPA Agenda Item posted in city Hall and on the City's website Feb. 3, 2010- Public Hearing before the Planning & Zoning Board/Local Planning Agency Commission Agenda Item will be posted at City Hall and posted on City's Website Feb. 22, 2010 -1st Reading & Public Hearing before the City Commission Tentative Implementation Schedule: Feb. 25, 2010 - Public Noticing in the Orlando Sentinel 10 days before Adoption Public Hearing Mar. 8, 2010 -2nd Reading/Adoption Public Hearing before the City Commission RECOMMENDATIONS: P &Z /LPA Recommendation - The Planning & Zoning Board/Local Planning Agency held a Public Hearing on Ordinance 2010 -04 and after much discussion, voted unanimously (5 -0) to recommend adoption of the draft ordinance with the language amended, removing the term "clothesline ". Staff Recommendation - The City Attorney recommends that the City Commission hold a Public Hearing on the First Reading of the ordinance, consider the recommendation of the Planning & Zoning Board, and make any changes to the draft ordinance deemed appropriate before moving it to Second Reading. ATTACHMENTS: A Noticing in Orlando Sentinel of P &Z /LPA Public Hearing B Planning & Zoning Board /Local Planning Agency Minutes- February 3, 2010 C Text of section 163.04, Florida Statutes D Draft Ordinance 2010 -04 ATTACHMENT A Orlando Sentinel • SE SUNDAY, JANUARY 24, 2010 J ] FO I "' �""` r,.r„ KIT MO UGEH O G L E O 1TE CIRCUIT F E INNT TBN 1 OF PRIOR p I f _ GAMES G PA A CKEDGE,TON JUMp IN NE Wh IUM" rRCOCRPORiD 5 FENT ORIN. ' 1110715 LTOi $ . N H S E , 1 " Shce "NQtECt FURNITURE, TOOLS CLOT :' COU C SEVER I ITV, AND AN ING TRUCKS. TARS, ETC. CASE NUM8ER48 ER:,17 09 {A- 18810.0 FFECTIV DA . spa I � IN _THE CIRCUIT .000RT OF �r 53EEEE3QLOOgT ``TVVLEEEEE SA E •'? DIVISION NU AN 0 DI NAN CE p p, F THE CITY ' THE EIGHTEENTH i NEA D O G SEMI- OWBTDON UNITS I • NTHERIG • Sr297.00 IN U.5 WIN E CIRCUIT iN AND FO SEMI HOLE COUNTY, FLOR 0 ON AMDING T E LIST I q, Case N0: 09 {q.25.14K ' LIE SALE' Tor BE HELD i •' N071 [ E OF FORFEITURE COM• MµITTED C0 OITIONAL AND TH PREMISES 0/1214:010 " I T PROHIg ITIED US S INNNGgTHEE 1-1 EN RAL E LECTRIC INOUT$T MENDING CB TAI G p I ING WILL 8 A T TH TO: TLLOyyRyyRAENNCEEECLgA�RyKE TRIC pRq R CAPITAL CORPORgTION. TIME OF SALE ONLY. MELBOURNE�fL 77901 Ilk D ZO N+ I I N IG p IN a Delaware corparal)on, NN I ON • TEENT OR. • Plaintiff, FORSYYT STORAGE odd all others who claim v on Inter. • DIINN CES AN RESOLCU IONS• pO I FOL , STORAGE LLC WINTER PARK, FL 32792 . '' which Wai seized U.S. about the 1 OO R S 0 ERAS ITY AND AN UN Il a OLtO, mil a Nevada IX. C E L UN I ability cottony. Defendant. 11sf•doy of November 2009 at or EFFEcTI AT ,' NOTICE OF SALE OLSIO157d7 VI7 14 Ilex Ilex Delhi Street C and99 W> �olanio E ORO NO. • T a C S r f la O a County. A gWINT b D COMMISSION S, FLQR NU • Notice Is hertyY given ursuant to EN R S H IT OF ' the final Judgment orroreclosure s `SUiv;N9tst.,ws.'.. is !1G THE CRI that I will the the fallowing real real IN THE CIRCUIT COURT If) Tiled In the above shied Court. TREE PERMIT Property, situated in Semino THE E NINTH JUDICIAL •IRCUI O I HEREBY CEBTNY that this Notice is FURTHERANCE OF SECTION County, Florida, described as being servked pursuant to the no- 161W R1 p STATUTES lows, and a personal prcperlY as FLORIDA • 3 3 0 0 tic, vroWsions of Flartda Skeet's LATIN G TO N ES sedated therewith: po M-707 this 13 day of January 7, . BASED N A AMENDING L E I E. CASE NUMBER: 09•CA- 72141.0 See Exhibit 'A' attached hereto DIVISION NUMBER: 39 CATIONF0.11 CE TREE R P L bC p C: • • at public solo, to the highest and IN RE: FORFEITURE OF Florida gan'Mark OelaAy MENT WAIVER AL OF b bidder for cosh, on FebruorY 51,150.00 IN U.S. CURRENCY F Bar Na. 1 006513 FOR TTTHE • Simin oti 1 a • l County RO°ame201 5 NONE OF ACTION Orannggee Genera CWW IN RES N NSt ORDINANCES House, Leragenge C lues Sheriff's Office RATION SNTO THE IOEOS • • N. Park Avenue, f ord, Florida 7500 West Colonial Drive ERABILL�TTY ANO AN EFFEC• 32771: The highest mace, shall im- TO WILLIAM L BURN 0 tondo, FL 11801 Ti DATE, Nye ' dlolelY following pthhhee sale Post o1 (137)251 -7170 IDAy R(r 1 ION AT with the clerk Ty p p cent t ( %) oTof 1 t final equal a tlon to thee Florida CO OLS1049141 1A7,24/J010 08 Still 1 1 O8 e q p trabend Forfeiture Act hos be BITSN E - cashier's check paya a to Clerk of filed by the Orange county She NORCE OF RIMIJ BON LOCAI TIE" 7 TANGS Court. Final payment must be N's Office on the tailowing o • m , a be b 2:00 p.m. inn 9r- n U.S. Caere County, pL: S(1 . a Y g � Ng 9�AN Q dale sole by cosh, .moon e Inc . rang C o we Sth day of September, on 71 ,1 der a 1 tO I tG -0f• yrl �,MRp t cashiers check. • 'the k TM proposed ordinances may be ANY PERSON CLAIMING Alt N- Goldenrod Alachua OrHlondo, anti roq a 4 r SCouun,, Commissiionneat tween iota, 1p .. M n TE EST IN. THE SU PLUS County, Florida,' You ore Wan Seminole p.m., MO 0M R TH- t S tweon 1 a ardor 11 FROM THAN SALE T+ I PROP F ER T Y tense If any, toh the Assistant written p n day f of ,lore County, h op uoo l Ns S di Road Friday, Winter Spring , OWNER fLIS��PEHOE 40 DAYS.AF. NS MUST DATE OF Sher C l s Off , Le Service a and so lu ( tion'v ac t tng F a0 ' T ER L LHE SWA 254 NS l I Drive, Or nd o lhI lollowIng: For mor, call (407 • publication, °n file Ole or in o DESCRIPTION hies r assistance ance to peak DATED: January 12, 2010. • wit t h e Cl r o o f this court it 0 pa a 1 n a v of these DFx Clerk Y of.the Court otherwisee a defau l ltw be en Q o • THAT PORTION OF s rs n a0 once of Coordinator, u t et n9 of OR V k T If you t you for the relief demo • CUT B ULEV RD LYING WEST (407) 37.1800, Extension 236. T BY Mary Str own e ns d,fn the. Petition for Final Jud , OF A SOUTHEIRLY PROJECTION are public me m& I As DepulY Ckv mint of Forfeiture. - :.'. n OF THE EAST LINE OF LO 112 ' an o yv at l*Wd s r am W !UNICE TO PERSON (SAO TS A TT SET,,.Y NO SOUTH Agency with respect to an molter . Fl T AAE A PEASON plSAE ` SF AN EA S T ENUE ERL P7OJEC consl at t io meeting. You LEGAL DESCRIPTION 0 0 AA 1 N 0 0 OF THE NORTH LINE OF L T 81 11111 min o far reco of tRe 'prac/e u r • • E E O P1 R f t T I T PORTION OF NEW HAM • Ines, and uch purposes, you Parcel A: U OI s 0... PAIR YO TR V 0'AT 0 5014112E EAVENEURE LIT E S C O T UT OF NH • Fr o R1 11t h ea Sou hip 21 c S 4r o °er of.. Se a CEBTAIN ISTMI POO 01 110 OF TH E NORTH LINOP LOT mar need to er that a verbs. Il Ease own hip 00 d degrees Ram AT OUT I FLEAS ma e of lc proceedings 11. 0 al is of ep COU T J N '-pqB81..;10 69; p ALL LYING IN GARRNpDAAA PARK baw nt Io which parties are ad. s ence oft 110 ffee seconds iel for Paint dls. 01 Y ROol * 01 ... Ofu Y1 00R o PURL C 00X 4 RG5 10 F THEE m otingg aarM t har w at the 00 degrees 22 minutes 01 seconds ' Ot'TN16 WINKING I P gSA�1 1F 0E . West along, 111* Cnst right-of-way 1 ' NOLE COUNTY, FLORIDA. to the oropased ordinances. • N N6 UIC SL51046711 1/24/1010 line of North Lake Boulevard. a $0F9554771. : By the Board o) County Comml d of 635.91 feet to the paint a slaters of Seminole County Flori- . of curvature of a curve, concave to DATED this 12th day. of Jonuo90 da, No 12th day of January, 2010. the Southeast, having a central an- 2010. pp ,�,q00u 8 COUNTY NEW AD PLACEMENT ands q d a oilyy*oc 6550lee L l; LYDIA tne SIONERS OF F C SE MIN OLE 0 00 U N thence II Us el° Northeasterly a on afnµ TV, FLORIDA. FLORIDA 67 CIVIL COURT SEAL kkp eat fo th p0101 of fnngency; b gY AlOn Willis Anytime! Mort 69 dg 20 minutes BY: Kerry Brkkn•10 �1inde County Development 23 seconds ask a �nce of 30.50 DenuIY Clero Review ivis( n feet to the point of curvature of a b um eel First Street curve concave to the Norfmv4sl OL51045828 1/17, 24:36 447, Sanford Fl am Orlando Sentinel . 1,0 0 1101//01 a ^gle of 02 q e• q} or ,( radivs m SB 0 . 6 3 f1 h thence North. W $101C aA Ulf IN AN FOB • SL$1046941 2a4/20* Al '1'eUS OMU6GE UN1Y, pRgOIIUUgDA -7�q.pe THE CITY OF ° easterly along the arc at said WINTER WANDS GIVER t a 5S degrees minweee}} CASE DIVISION NUMBER: P POBUC TIf �E IOGI • • 255. hap thence North 9 de� IN RE: FORFEITURE pF 2O0o IAN EI p • 24 gree /t o l5 Q ncAMs a HONDA ACCORD -4 -DOOR P AN ORDINANCE OF THE CITY 24 h� • 00 e Ta os 1 1 8 ! mfn ut t ah13 0111040 IHGCF85d6YA157691 • V A COMMISSION OF THE CITY OF ,8 • 1 Os1, North detre 5 NOTICE OF MINUTIAE COMPLAINT • ESNG IN P THE ZONI 7 dayslwk 59 second est; a distance of 15.62 N 0 HE REAL 365 t; u thence Saul 00 de 1 grees 11 Al J9 0 L' - , 715 P RO PE RTY CONSTITUTI - I'l l minutes 39 secdnds East a tlia- YRNOSO Y+1 AAllllff T ( 27 PARCELS 1•' 8 • fence of 131 65 feet: thence xvthd09 0 00, 0.12811 155,,OCC W )N 11 ONG • West a 41 istannpea9t minutes eit �asnid all alien who cl an u lte P G ROV Aicsd , Rt l e t ' 0 505.7 sscon d0 110, , a Soutc aiss of VIN NIGG A an AAA A LO NGESTATELROOADO4419 E • i U00 WI' 5 test' ihench de- x the - 4910 aP 7WEEp MOSS ROAD SHE R AND .R• s 53 Wm*. Wm*. a5 secon 09 West f OcMM� 00 or a t , 2009, °t.ar n 1900 ((y pyE f N WINTER o di n M 311. fet o the Point jwas oI 0 VI 0 D rI 0r D °I. Y I in 1116 SPRINGS LOR IDA, ANO M G of & g o inn ce i ng. a ly e and being in , i PARTICULARLY DEPI DQfkdOSGC181 Seminole Canty; Fickle. . cus County. of he Sheriff of Or 00 AND EGAL* Y DE RIBED N p,p k County. A Complaint for forhttucs !III IT 'p ATTA HERE- • Parcel 8: h�Neen filed in the obave -ahiee 10, F OM C•1 'NEIGH80R 4000 The fallowing Nonexclusive ease- s COIAMERCIAL' TO 12.3 •MU Ts• • P M(lgfleswl CM for he D rpouee ite N idIn 1 802WBYY UMW( that his tNonce, TTRICT': PROVIIDING THE • ^ WI.'Pines . CM sa to, tno 11 2 oration 194 envisions o F a t e not* i TENT REPEAL F PRIOR AND NS • Um mf P Bled JuIY 30, 1902, In 011 1cial Rt $32.T01.707, iht0 13fd d0Y 0f /lull LUTIONS, SE AND te lief 1M 4 cords as Book 1405, Page 435 the an, 40W . "Declaration")) . °ffecteeoprb�y 1 AN EFFECTIVE TE. ((�' 8 Modnficc0000 of Easements n Ets RC 16085 ry 0 Nqp 0@ i ed ! s ! io r ldo Orr tIop,, n AN ORDINANCE Of THE CITY YY6811S b • P a 134.6. 0106 °NeNLed Quit AWf t ntt C II OF O erol oat COMMISSION SPRINGS, 1 ER I SPR FLORIDA CenerOwwn r' A. o 011.. Orange County S h e e g r a lr' g!! AMENDING CHAPTE 20,20N." S y - recorded • ; Page II ell Of the Puy w Orlan O d ` o., FL• 11 of DEUTACHEIDpOSINGLEg F ` l lg � • Records M Sam note County. Flori• (407) 251.71 ZERO LOT LINE CLUSTE VMYJ o. V1;ndersround draino0s and irri• ' .UNITS 1N THE ' 7 MULTIPLE- . eat= !Mt 00301314/111 under and OL51046)36 Yl4, FAMILY DWELLING DISTRICT • CBNIlNlalf • • across the Drainage and Irrigation t PROVIDING FOR THE REPEAL 1 Inc Fnvenunl mare nor$r,Jnrly -* 6 . _, , - • ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 3, 2010 CALL TO ORDER The Regular Meeting of Wednesday, February 3, 2010 of the Planning And Zoning Board /Local Planning Agency was called to Order at 7:00 p.m. by Chairman Charles Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Charles Lacey, present Vice Chairman William H. Poe, present Board Member Robert Heatwole, present Board Member Rosanne Karr, present Board Member Justin C. Reviczky, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The January 6, 2010 Regular Meeting Minutes. Chairman Lacey stated, "I did notice a misspelling — first line of Page 4. I would like a Motion to approve the Minutes with the correction of `bare' to `bear'." "I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 5 OF 10 Discussion. Chairman Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input " portion of the Agenda Item. "I WOULD LIKE TO RECOMMEND APPROVAL OF ITEM `502' WITH THE CONDITION THAT THE `NON - HAZARDOUS MATERIALS' BE INCLUDED UNDER ITEM (10) AS PRESENTED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Office Of The City Attorney Requests The Planning & Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. Mr. Stevenson presented this Agenda Item and stated, "What we did not have the authorization to do and currently still do not and pursuant to the language in the (City) Code, is to waive the tree replacement credits or at the owner's option, a donation to the tree bank." Chairman Lacey asked, "Has the City Attorney opined as to whether he believes that our current Ordinance that requires tree bank contribution or replacement does constitute impediment under the Florida Statute ?" Mr. Stevenson replied, "Not specifically. He has followed through with a request to change the language." Mr. Stevenson read CHAPTER 5. TREE PROTECTION AND PRESERVATION (b) Criteria. and stated, "A Permit was issued under our current laws with the Criteria or the Condition that the tree replacements be made or pay into the tree bank. But, what we added in there, is that trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 6 OF 10 Staff's concern — and we tried to address that if this moves forward in a positive manner — our concern is that clotheslines are by name, mentioned in the Ordinance as a solar drying source." Under the proposed Ordinance, Mr. Stevenson referenced `(5) Waivers of replacement tree(s) specifications. (b) Renewable resource waivers. ' and responded, "At no time was a Permit denied to take these trees down. What we are talking about tonight is, do we want to move forward and use solar renewable devices as a Criteria by which we can remove trees and not mandate the replacement credits or any payments into the tree bank ?" Next, Chairman Lacey asked, "The Applicant under this scenario would pay the nominal fee that we charge for actually pulling the Permit ?" Mr. Stevenson replied, "Yes." Chairman Lacey then asked, "But not have to suffer the consequences of that tree removal." Mr. Stevenson stated, "Staff is concerned about the proliferation of and the administration of these particular types of Permits." Mr. Stevenson added, "The language would allow not only the issuance of the Permit, if it was justified, but it would allow no tree replacement requirements to be mandated. Staff is fine with the first part, obviously we issued the Permit. Where we have some concerns, is by allowing this to trigger no replacement trees." Discussion. Mr. Stevenson noted that, "I did write a letter to this gentleman after consulting with the City Attorney's office, and they at that point in time, felt like Staff's interpretation of State Law was correct." Next, Chairman Lacey asked, "The problem I have with this language is the clothesline inclusion. I understand it is there, because you are trying to conform to the State Law — but, what if we were to remove the clothesline reference from our Ordinance and then it is clear that if someone puts in an expensive solar collector where the benefits outweigh the cost of the trees..." Mr. Stevenson replied, "...More than three (3) years." Chairman Lacey then added, "If someone comes in and puts a clothesline up and makes that same claim, then they would have to make the case why State Law preempts our Ordinance, essentially, and make the case that the clothesline is a justifiable use for it and it would not be de -facto granted by our Ordinance. Do you think you or the Attorney would have a problem if we struck the clothesline language ?" Ms. Sahlstrom addressed the Board Members regarding the language. Discussion. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — FEBRUARY 3, 2010 PAGE 7 OF 10 Chairman Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input " portion of the Agenda Item. Tape 1 /Side B Next, Mr. Stevenson stated, "If we Approve the Ordinance as written and take out clotheslines, that means they can come in and put in a solar panel, take the trees out and not be bound to do the tree replacements. That is the way this Ordinance reads." Mr. Stevenson then clarified, "We are also including not just solar collectors for power generation, but we are also solar collectors for heating pools and anything of that nature." "I RECOMMEND APPROVAL OF THE ITEM AS PRESENTED WITH THE WORD `CLOTHESLINE' REMOVED." "MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. CHAIRMAN LACEY REITERATED, "THE MOTION IS TO APPROVE THE ORDINANCE 2010 -04 IN ITEM `503' AS WRITTEN WITH ALL REFERENCES TO `CLOTHESLINES' REMOVED FROM THE PROPOSED ORDINANCE." MR. STEVENSON CLARIFIED, "THAT ALSO INCLUDES THE REQUIREMENT THAT THE APPLICANT CAN SUBMIT DETAILED TECHNICAL DOCUMENTATION INDICATING THE AMOUNT OF SUN EXPOSURE AND ALSO ACQUIESCES THAT THIS FACILITY WILL OPERATE A MINIMUM OF THREE (3) YEARS." CHAIRMAN LACEY STATED, "WHAT YOU JUST SAID IS IN THE ORDINANCE AS PRESENTED." MR. STEVENSON REPLIED, "THAT IS CORRECT." DISCUSSION. VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. ATTACHMENT C Statutes & Constitution :View Statutes : >Ch0163- >Section 04 : Online Sunshine Page 1 of 1 Select Year: 12009 J Go The 2009 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.04 Energy devices based on renewable resources.- - (1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited. (2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors. (3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney's fees. (4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. History. - -s. 8, ch. 80 -163; s. 1, ch. 92 -89; s. 14, ch. 93 -249; s. 1, ch. 2008 -191; s. 3, ch. 2008 -227. Copyright ® 1995 -2010 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg.state. fl.us/ STATUTES /index.cfm? App _mode = Display_Statute &Search_St... 1/15/2010 ATTACHMENT D ORDINANCE NO. 2010-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CRITERIA AND REVIEW STANDARDS FOR A TREE REMOVAL PERMIT IN FURTHERANCE OF SECTION 163.04, FLORIDA STATUTES, RELATING TO ENERGY DEVICES BASED ON RENEWABLE RESOURCES; AMENDING SPECIFICATIONS FOR TREE REPLACEMENT WAIVERS; 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, Section 163.04 encourages the development and use of renewable resources; and; WHEREAS, Section 163.04 prohibits governing bodies from adopting regulations that prohibit or have the effect of prohibiting the installation of certain energy devices based on renewable resources; WHEREAS, the City Commission finds that there are environmental and economic benefits related to encouraging the development and use of renewable resources; and WHEREAS, the City Commission finds that its tree protection guidelines should be amended to contain provisions encouraging the development and use of certain energy devices based on renewable resources; WHEREAS, on February 3, 2010, the Planning & Zoning Board (Land Planning Agency) conducted a public hearing on this ordinance and recommended approval to the City Commission; 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. City of Winter Springs Ordinance No. 2010 -04 Page 1 of 6 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 City Code, Sections 5 -4 and 5 -9 are hereby amended as follows (underlined type indicates additions and stLikcout type indicates deletions, while asterisks (* * *) indicate unchanged text. It is intended that omitted text, denoted by asterisks, shall remain unchanged from the language existing prior to adoption of this Ordinance. CHAPTER 5. TREE PROTECTION AND PRESERVATION 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 located within the city, without first obtaining a permit as provided in this chapter. If a property owner has retained a contractor to perform the land clearing or tree removal, the contractor shall be responsible for obtaining the 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 each day a person is engaged in land clearing without a permit. (b) Criteria. Upon receipt of a completed application and verification on -site by the city forester, a permit may be issued for tree removal under any one of the following conditions: (1) Trees located on building and construction sites as shown on city approved plans, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (2) Trees located within ten (10) feet of a structure or other improvement, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public infrastructure and facilities. (5) Undesirable trees, per Appendix A. (6) Trees removed by the city or other governmental agency and which are located within a City of Winter Springs Ordinance No. 2010 -04 Page 2 of 6 public road, drainage rights -of -way, or permanent utilities and drainage easements. (7) Trees that have been approved by the city forester and which shall be replaced elsewhere on the property. (8) Trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector. clothesline, or other energy device based on a renewable resource. (-8j- 1A11 trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of this chapter only if trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (c) Review standards. When making a determination on whether a tree meets one of the conditions set forth in section 5 -4(b) and therefore, whether to approve or deny an application under this chapter, the city shall apply one (1) or more of the following standards of review deemed relevant: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utilizing public easements and rights -of -way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non - occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural defects that pose a clear and obvious safety hazard to people, buildings or other improvements on lot or parcel of land. (4) Necessity to remove trees which prohibit or have the effect of prohibiting the installation or operation of a solar collector. clothesline. or other energy device based on a renewable resource. The applicant shall submit operating instructions or other manufacturer guidance setting forth the amount of sunlight exposure required for proper operation of the energy device or other such evidence of the necessity to remove trees. (4) ,(51 The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (5)-0) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. (6) al Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. City of Winter Springs Ordinance No. 2010 -04 Page 3 of 6 (-7-) X81 Good forestry practices, such as the number of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (-t) a Necessity to remove trees in order to construct, approved and permitted improvements to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. d. Need for locating street or road rights -of -way, utilities, drainage ways, as well as the need to provide reasonable use and property access. (9) (10) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (+6)-(1 The species and size of the trees proposed for removal. (11) (12) The following factors shall also be considered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. Sec. 5 -9. Tree replacement guidelines. (a) Tree replacement. All trees that are removed or destroyed and subject to replacement by this chapter shall be replaced by a species of tree cited in Appendix B, desirable trees or such other trees properly approved by the city forester. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within thirty (30) days of removal or destruction, whichever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria for replacement trees is as follows: (1) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening properties, and /or other characteristics comparable to that of the tree(s) requested to be removed. City of Winter Springs Ordinance No. 2010 -04 Page 4 of 6 (2) Size of replacement trees. Replacement tree(s) are to be made according to the tree replacement standards set forth in Table 1 [at the end of this section]; or (2) otherwise agreed upon by the city commission and applicant. (3) Tree species. Relocated or replacement trees shall include only species and sizes defined as desirable trees (Appendix B) under this chapter. (4) Transplanting and maintenance requirements. All trees transplanted pursuant to this chapter shall be maintained in a healthy, living condition. Any such trees which die shall be replaced and maintained by the property owner. The city shall retain jurisdiction for one (1) year to ensure compliance with this chapter. (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 trees on public lands. 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. (b) Renewable resource waivers. The tree replacement and tree bank requirements of this section shall not apply if a permit based on sections 5- 4(b)(8) and 5- 4(cl(4) is issued. If the permittee does not maintain and operate the permitted energy device for at least three (3) years, the permittee must replace the removed trees or pay a tree replacement fee to the city's tree bank as required by this section. 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 City of Winter Springs Ordinance No. 2010 -04 Page 5 of 6 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 Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH, 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: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2010 -04 Page 6 of 6