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Home My WebLink About1999 05 10 Regular Item E e COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X May 10. 1999 Meeting A--6- Mf,Yf. / e Authorization REQUEST: The Community Development Department/Code Enforcement Division requests the City Commission consider the request of Mr. And Mrs. Arnold Christiansen of 1 008 Weathered Wood Circle to seek relief from the requirements for replacement for tree removal under Chapter 5 of the Code of Winter Springs. e PURPOSE: The purpose of this agenda item is to request the City Commission consider the request of Mr. And Mrs. Arnold Christiansen of 1008 Weathered Wood Circle to seek relief from the requirements of Chapter 5 of the Code of Winter Springs. APPLICABLE LAW AND PUBLIC POLICY: Chapter 5, Arbor, of the Code of Winter Springs, requires the replacement of trees removed from private property that are not dead or diseased, or that are not located on approved construction plans. The four trees that Mr. And Mrs. Christiansen wish to have removed do not meet these criteria for removal. According to the Code, Mr. And Mrs. Christiansen would need to replace the trees with more suitable landscape material. Because of the limited amount of open space available for planting, the city would not require an inch-far-inch replacement, but would work with the homeowners to find a suitable replacement package. e CONSIDERA TIONS: Mr. And Mrs. Christiansen applied for a tree removal permit on March 29, 1999, requesting permission to remove four mature camphor trees from MAY 10, 1999 AGENDA ITEM E e Page 2 their property. They were informed of the requirement of the code to replace the trees and were offered suggestions for replanting. They advised that they did not wish to replace the trees with anything at all, other than sod. After researching the code, and conferring with the City Attorney, Staff concluded that a request for a variance from the Board of Adjustment was not an option to the Christiansens. After appearing before the Commission on April 12, 1999 under the Public Input segment of that Commission meeting, the Commission directed Staff to prepare an agenda item for discussion at the May 10, 1999 meeting. STAFF RECOMMENDATION: Staff recommends that the Christainsens meet the requirements of Chapter 5 of the Code of Winter Springs, and submit a replacement landscape plan. ATTACHMENTS: 1. Mr. And Mrs. Christiansen's application for a tree removal permit. 2. Section 5-3 of the Code of Winter Springs e COMMISSION ACTION: e d {)?,Y 1 ( 'j'c1,-v-j4Jh LY--ljj'd * .~ ~ - ~ ~ / WD/1(d like TO /J-e- ~ WINTER SPRlJ"fGS COD E EN~ORCElviENT OEP AR Th1ENT 'fir eye _ /126 EAST STATE ROAD 434 I ) WINTER. SPRINGS, FLORIDA 32703-2799 j()~. <- Co tJ ... (407) 327-7962 (407) 327-7984 u- ~j Q-" aU( ARBOR PERlYO:T APPLICATION PRO P ERTY PLAT MUST BE A IT ACHED INDICA TlNG TREES TO BE R&YlOVED. ~ORPEEIM1TNIlMBER 97'- ') /;L PERMIT FEE d- ~ ~ CONTRAcrOR: HOlvfEOWNER; PHO~: f~1-;;;z M c': () 4-1 R / -7 T IA ^/ 5E/VPHONE: &.;5-- 7' z '/ / LOCATION: -:3J /oC} B tv E/l/l-l E /,z,c 1/ tVv'T.It? SECTION 6/12L?6 t(//lVrE/L s~;? ~L. ::l 27C1'f7" . /. /~{~ UNIT SUBDN. LOT: BLOCK SINGLE-F AJ.'vfIL Y LOT NUlvfBER. OF TREES TO BE cur L./ DEVELOPMENT (Number of Acres) LAND CLEARING LAND FILLING r certitY that trees to be cut fit into the following categories as checked: (L) Trees located 00 building and COastructiOll sites as shown 00 approved plans. (2.) Trees within ten (IO) feet of proposed StrUctures or improvemeats SO that they r~ct approved construction. _ (3.) Trees severely diseased or injured. (4.) Trees that will laterf'ere with provision of above-ground utility iosta11atiOll3. (5.) Trees that have been approved to be replaced elsewhere on the property by trees c:quivaIatt to those to be removed. (6.) Other r-~~t: 1"""d'&WSE TO I-!-O/?? C f2.0" T'7 ?tJ/..-U AI 6 UI' /u (/,D.<.IAV :;;.(A-//E I S I2Vov/~C .' T,l.f t (17/2 4->? I hereby acknOwledge dmt the above inEoonatioo Is co=ct. aud ag= to confoon to the CIty of Winter Springs zoning regulations and building codes. r agree if any property is damaged, r will restore same to the predamaged conditioQ APPLICANTS NAME: AaA/6'?t? C:I-I,215>1//7(t/;'C'{/SIGNATURE: ~~h'4~ (Please Print) V' -- .<.j :r = PUBUC PROPERTY INSPECTED: Sidcwa&, Approach MlamiCurb It O. W. Arc.1 . ;,,"v'IROi'{,'vtQ,rr AI.. (NSPECTOR ~ -..---" 'OJ DEI' AIt TMENT OAIT f)A Tr: ~'''='':V''''l 1.'111 ~ .....-.... ~ ......-... and any other physical improvements an- ticipated; (2) Specific location of all specimen trees within these areas to be removed along with their common names and current sizes (within reason, plans should be modified to save these trees); (3) Proposed grade changes of more than one (1) foot depth outside of the building sites which may adversely affect" any. trees; (4) Proposed protective barriers to preclude dam- age to uninvolved trees prescribed in Flor- ida Division of Forestry guidelines (as amended from time to time). . (c) Permit to be specific to stage of development The city forester shall review the above-prescribed submittals and act upon the request under the following authority either independently or as agent of a staff-wide review, depending on the develop- ment stage of a project: (1) Predevelopment stage. The city forester uni- laterally may review and issue permits for land alteration incident to surveying, soils investigations, and preparation of initial development plans. (2) Preliminary plan/preliminary engineer- ing. The city forester shall act as advisor of the city staff in .review of preliminary development/engineering plans to recommend the extent of land clearing to be authorized with approval of such plans. The city for- ester shall subsequently issue a permit pre- scribing the alteration development/engi- neering plan: (3) Final engineering stage. The city forester shall corisider requests for additional tree removal coincident with final engineering plan review only when a developer shall show that unexpected or unanticipated fac- tors preclude any reasonable alternative solution than destruction of further trees. The city commission must sanction these requests along with final engineering ap- proval before the city forester may issue a further permit for tree removal from the subject land. Supp. No.1 -- .- ~ ARBOR ~ 5-3 (4) Site plan. The city forester shall act as ad- visor to the site plan review board during its review of plans for commercial or multi- family site development proposals, for ei- ther initial construction or expansion or alteration of a site. A permit which speci- fies exactly which specimens or stands of trees may be removed to develop a site must be acquired before any modification of a site may take place. (d) General criteria for issuance of permits to remove trees. Trees may be authorized to be re- moved only if they fit into one (1) 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 of a permit: (1) Trees located on building and construction. sites as shown on approved plans; (2) Trees within ten (10) feet of proposed struc- tures or improvements so that they restrict approved construction; (3) Trees severely diseased, or injured; (4) Trees which will interfere with provision of aboveground utility installations. (5) Trees which have been approved to be re- placed elsewhere on the property by trees equivalent to those to be removed. (e) Public removal of trees on private property. Only under the following circumstances may city employees prune or remove trees growing on pri- vate property: (1) Any dead or damaged or diseased tree which constitutes a hazard to life and property or danger to the city forestry shall be removed by the property owner upon notification and justification by the city forester. The prop- erty owner must have the tree removed within fifteen (15) days or show cause why it has not been removed. If no action is taken within fifteen (15) days of notice, city employees may remove such trees and bill the property owner. Unpaid bills become a lien on the property. (2) Tree limbs and shrubs overhanging any public right-of-way so that such branches 301