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Home My WebLink About2012 08 27 Public Hearings 500 Ordinance 2012-12 Text Amendment for Tree City/Arbor CodeCOMMISSION AGENDA ITEM 500 August 27, 2012 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular KS City Manager Department The City Attorney requests that the City Commission consider Ordinance 2012 -12 on First Reading which proposes to amend Section 5 -8 of the City Code to require that the City Arborist make a recommendation to the City Commission regarding historic tree applications rather than the City's Beautification Board. SYNOPSIS: At the City Commission meeting on August 13, 2012, the City Commission directed that an Ordinance be prepared to amend Section 5 -8 of the City Code to repeal the requirement that the City's Beautification Board make a recommendation regarding historic tree applications in order to streamline the application process. In preparing the Ordinance for the City Commission's consideration, the City Manager also recommend that the City's Arborist make the recommendation instead because the City's Arborist must still process the application on the City Commission's behalf and determine compliance with the City Code. CONSIDERATIONS: 1. The City Commission adopted the City's comprehensive Arbor Ordinance, including the Historic Tree provision, in 2002 (Ordinance 2002 -08). 2. Pursuant to Ordinance 2003-22, the City Commission amended the Arbor Ordinance which included within the various amendments a new requirement that the City's Beautification Board make a recommendation on historic tree applications. 3. Based on the processing of recent historic tree applications, the City Commission Public Hearings 500 PAGE 1 OF 2 - August 27 , 2012 determined that the historic tree application process could be streamlined to improve processing time by repealing the additional step of requiring the Beautification Board to make recommendations on these applications. 4. Therefore, on August 13, 2012, the City Commission directed the City Attorney to prepare the necessary Ordinance to effectuate the streamlining of the historic tree application process. 5. Upon review of the City Commission's direction, the City Manager also recommends that the City's Arborist make the recommendation instead of the Beautification Board given that the City's Arborist must still process the application on the City Commission's behalf and must determine compliance with the City Code. 6. For the City Commission's consideration, the City Attorney prepared the proposed Ordinance 2012 -12 to include the direction given by the City Commission and the recommendation of the City Manager which is consistent with the City Commission's desire to streamline the historic tree approval process. FISCAL IMPACT: If the Ordinance is approved, there may be incidental and nominal cost savings, from time to time, related to not having to staff a Beautification Board meeting in order to process a historic tree application. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This proposed amendment will be scheduled to be publicly advertised in the Orlando Sentinel no less than 10 days prior to the second reading. RECOMMENDATION: The City Attorney recommends that the City Commission approve Ordinance 2012 -12 on First Reading and direct the City Clerk to publicly advertise the Ordinance for Second Reading and adoption at the next regularly scheduled City Commission meeting. ATTACHMENTS: 1. Ordinance 2012 -12 Public Hearings 500 PAGE 2 OF 2 - August 27 , 2012 Attachment ' l ' ORDINANCE NO. 2012-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; STREAMLINING THE HISTORIC TREE APPROVAL PROCESS SET FORTH IN CHAPTER 5 OF THE CITY CODE TO REQUIRE A RECOMMENDATION FROM CITY ARBORIST RATHER THAN THE CITY'S BEAUTIFICATION BOARD; 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, the City Commission desires to streamline the approval process related to the designation of historic trees within the City by amending the recommendation requirement to be given by the City's arborist rather than the City's Beautification Board before an application can be approved; 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. 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 Code of Ordinances, Section 5 -8 of the City Code is hereby amended as follows (underlined type indicates additions ands eems type indicates deletions): Sec. 5 -8. - Specimen or historic trees. (a) Designation. Certain trees, herein referred to as "specimen" or "historic" trees, are of especially great concern to the public because of ecological value, of indigenous character, size, age or historic association. Determination that a tree is a historic tree shall be made by resolution of the city commission after a recommendation of the city's arborist' °��A� ^� ^� � V r� , and the city arborist shall keep a permanent record of all trees so designated by the city City of Winter Springs Ordinance No. 2012 -12 Page 1 of 3 commission. Specimen trees are all trees (other than "undesirable trees" identified in Appendix A, dead trees or diseased trees) which have a DBH of twenty -four (24) inches or more. Designation as an historic tree may occur in any one of the following ways: (1) An applicant may request designation of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an expert evaluation by a landscape architect, horticulturalist, city forester, or other horticultural expert as part of the application. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert evaluation by a landscape architect, horticulturalist, city arborist or other horticultural expert. (3) The city's arborist may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designation, or may make such designation as part of an overall tree protection planning program for the city or portion thereof. (4) Historic tree designations shall be subject to approval by resolution of the city commission and the city commission may grant tree replacement credits, upon granting an historic tree designation. (b) Removal. Notwithstanding any other provision of this chapter, specimen or historic trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city commission. 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 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 of Winter Springs Ordinance No. 2012 -12 Page 2 of 3 City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of September, 2012. CHARLES LACEY, 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: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2012 -12 Page 3 of 3