HomeMy WebLinkAbout1999 09 01 Regular Item C
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327.1800
Community Development Dept.
Planning Division
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM:
II.C.
CAPITAL IMPROVEMENTS/CAPITAL OUTLAYS
PROGRAM
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3177(1)(b) Florida Statutes which states "The capital
improvements element shall be reviewed on an annual basis and modified as
necessary in accordance with 163.3187 or 163.3189, except that corrections,
updates, and modifications concerning costs, revenue sources, acceptance of
facilities pursuant to dedications which are consistent with the plan; or the date of
construction of any facility enumerated in the capital improvements element may
be accomplished by ordinance and shall not be deemed to be amendments to the
local comprehensive plan. All public facilities shall be consistent with the capital
improvements element."
The provisions of9J-5.016(5) Florida Administrative Code which states in part
"In addition to the general monitoring and evaluation requirements in this
Chapter, this element (capital improvements) shall be reviewed on an annual
basis."
REQUEST:
Request is for the Local Planning Agency to review and make recommendation on
the proposed Capital Improvements Program / Capital Outlays document to the City
Commission.
PURPOSE:
To meet the requirements of 163.3177(1)(b) Florida Statutes and 9J-5.016(5)
Florida Administrative Code.
CONSlDERATIONS:
The Capital Improvements Program is a plan adopted by the City Commission with
the adoption of the annual operating and capital budget, without a commitment to
expenditures or appropriations beyond the first year, except for those capital
improvements programmed in the Capital Improvement Element.
The various department heads have prepared their appropriate sections of the
Capital Improvements Program and reviewed them collectively and made
appropriate changes.
The Capital Improvements Program / Capital Outlays document is scheduled to be
presented to the City Commission on September 13th.
STAFF'RECOMMENDATION:
The Local Planning Agency should make recommendation that the City
Commission adopt the Capital Improvements Program / Capital Outlays document
as presented.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning ~ivision
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM:
II. D.
ARBOR ORDINANCE UPDATE
STAFF REPORT:
Thomas Grimms, AICP Comprehensive Planning/Zoning Coordinator, will update the
Board on this agenda item.
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
)
August 23. 1999
Meeting
Mgr. /
Authorizati
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.
CONSIDERA nONS:
Under current rel,'Illation, 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.
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CDD/August 13. 1999/12:25 PM
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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:
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COD/August 13, 1999112:25 PM
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ATTACHMENT A
ORDINANCE NO. 734
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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"; PROVlDNG 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.
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NOW THEREFORE, be it ol'daincd 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/or issuance a/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 ofa 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 bv a monetary replacement to be determined bv the city
forester of the current wholesale cost of the tree being removed
which shall be nsed for enhancement and maintenance of trees
located on public rights-of-ways.
(2) Trees within ten (10) feet of a proposed or J!.!Lexisting structure or
other improvement that restrict construction may be replaced
elsewhere on the property or mitigated bv a monetary replacement
to be determined bv 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;
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)
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(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 tbis 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
Mayor Paul P. Partyka
ATTEST:
Andrea Lorenzo-Luaces, Acting City Clerk