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HomeMy WebLinkAbout2003 02 26 Approval of the January 22, 2003 Regular Meeting MinutesCITY OF WINTER SPRINGS G ~ MINUTES ~! TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING ~"v JANUARY 22, 2003 D '~ I. CALL TO ORDER The Tree (Arbor) Ordinance Review Advisory Committee Meeting was called to order on Wednesday, January 22, 2003 at 5:00 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, arrived 5:50 p.m. Committee Member Brian J. Oliver, present Committee Member Roger Owen, present Committee Member William Reischmann, present II. CONSENT CONSENT A. Approval of the January 6, 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; and noted that her correct address should be 36 West Pine Street. Committee Member Byron Giltz suggested that Mr. Mike Mingea's, City Forester/Environmental Inspector, Community Development Department, "Arbor Ordinance Review" [Ordinance Number 2002-08] be attached to the Minutes. There was no objection from the Committee Members. Ms. Crotty also noted the correct spelling of Ms. Beth Hollenbeck's name, and further noted that a list of definitions included under Committee Discussion needs to be more specific for the Committee Members to look at the items they might be interested in changing. "I MOVE THAT WE APPROVE THE MINUTES OF DECEMBER 6, 2003 AS AMENDED." MOTION BY COMMITTEE MEMBER DILLER. SECONDED BY COMMITTEE MEMBER GILTZ. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING -JANUARY 22, 2003 PAGE 2 OF 5 Ms. Crotty reminded the Committee of the impending March deadline for the recommendation. III. REGULAR REGULAR A. Review of Current Ordinance For Suggested Changes. The Ordinance was reviewed by the Committee Members to ascertain if changes should be made. The following suggestions were recommended: Sec. S-4. Permit Required for Tree Removal and Land Clearing; Separate Violation; Criteria. ~ Permit Required. It was suggested that there is a need to clarify the difference between land clearing and gardening. Criteria. By consensus the Committee recommended deleting this section from the Ordinance and putting a provision elsewhere in the Ordinance exempting the City and other governmental entities. Include an exemption for Silvaculture. ~ Review Standards. This section deals with the criteria for the City Forester to review the permit for removal of trees that are damaging to property. ~, Add "Severe structural defect". Sec. 5.5 City Forestry Office. Scope of Authority. There was discussion regarding Developer Agreements. ~ Responsibilities. The Committee recommended that the City Forester be included in the Development Review Committee (DRC) process as a "Formal member" from the beginning of the development process. This additional responsibility would be added as "12„ Tape 1/Side B The Committee needs more information from the City Attorney concerning "Cease and desist work orders" being appropriate in all situations, and whether adequate due process is available. CITY OF WINTER SPRINGS M [N U'CES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING -JANUARY 22, 2003 PAGE 3 OF 5 Scope of Authority. There was discussion regarding the removal of "Land clearing" from the City Forestry's responsibility and it was decided to readdress this issue. Also recommended by the Committee was to suggest to the Commission methods available to educate the public regarding the Ordinance; and that an additional responsibility of the City Forester should be to educate city personnel about all responsibilities, tree trimming, etc. as ~. Discussion. Sec. 5-6 Permit Application. ~ Filing Application and Payment o Fees. The Committee recommended changing "Scale of one (1) inch equals three hundred (300) feet or greater" to "Scale of one (1) inch equals fifty (50) feet or less." This provision applies only to portions of the undeveloped properties that are being developed. Time for Application. and ~ by consensus the Committee recommended insert "This application shall be subject to review of the DRC [Development Review Committee] process. This would apply to subdivisions, commercial, industrial, and multi-family developments. Discussion. Sec.S-8. Specimen or Historic Tree. ~ Desi;;nation. By consensus the Committee recommended to changing the definition of a specimen tree from twenty (20) to twenty-four inches (24") in diameter. Brief discussion. "tape 2/Side A Sec. 5.9. Tree Replacement Guidelines. ~ Tree Replacement. The Committee recommended tying replacement of trees to new construction building permits, and final review. It was also agreed by the Committee that non-construction replacement should be within thirty (30) days. (~ Criteria for Replacement Trees is as follows: CITY OF WINTER SPRINGS M[NUTES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING -JANUARY 22, 2003 PAGE 4 OF 5 Transplanting and Maintenance Requirements. The Committee recommended changing the last sentence to "The City shall retain jurisdiction for one (1) year". Discussion followed concerning a "Landscaping Ordinance" with a possible recommendation to the City Commission. Waivers of Replacement Tree(s) Specification. The Committee suggested that the City Commission should be able to waive fees for the tree bank. Committee Member Byron Giltz departed the Meeting at approximately 6: 50 p.m. Replacement Alternatives. Add "Excluding wetlands" from public conservation. It was noted by Ms. Crotty that on page 13 of 19 that the paragraph noted as ~ should actually be the continuation of ~ but and the section noted as ~ "Replacement Cost" should be ~. City Attorney Anthony A. Garganese agreed. ~ Replacement Cost. Delete the "Party that removes the trees", therefore making the property owner responsible for the cost of tree replacement. B. Public Input. Ms. Beth Hollenbeck, 633 Murphy Road, Winter Springs, Florida: requested the Committee reconsider exempting the City from the permit process. Mr. Al Partington, Mount Laurel Drive, Winter Springs, Florida: inquired about fallen trees in forests that are on easements within subdivisions. Mr. Mingea responded and agreed to assist Mr. Partington. Tape 2/Side B REGULAR C. Committee Discussion. Ms. Yvonne Froscher, Environmental Consultant, Post Office Box 195305, Winter Springs, Florida: reminded the Committee of the need to revisit plant lists and assessing the accomplishment of the Committee's goals. CITY OF `HINTER SPRINGS M[NU'I'ES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING -JANUARY 22, 2003 PAGE 5 OF 5 In addition to specific changes to Ordinance Number 2002-08, the Committee will develop a list of recommendations for the City Commission. The following subjects were suggested for inclusion in the list: • Ways to educate the Residents, and Employees on the tree removal. • Development of a Landscape Ordinance. • Buffer requirements. IV. REPORTS This Agenda Item was not discussed. V. FUTURE AGENDA ITEMS • Prohibitions Of The Permit Process. VI. ADJOURNMENT Ms. Crotty reminded everyone that the next scheduled Meeting dates are February 3, 2003 and February 26, 2003. Both Meetings will commence at 5:00 p.m. Ms. Crotty adjourned the Meeting at 7:27 p.m. RESPECTFULLY SUBMITTED BY DEBBIE GILLESPIE, DEPUTY CITY CLERK AND JANICE PALLADINO ASSISTANT TO THE CITY CLERK Boards and Committees\Tree (Arbor) Ordinance Review Advisory Committee\alll\Minutes\012203 MEETING.doc NOTE: These Minu[es were approved at the , 2003 Tree (Arbor) Ordinance Review Advisory Committee.