HomeMy WebLinkAbout2005 01 24 Regular 503 Arborist recommends the City request of Mr. Steve Miller to remove one tree
COMMISSION AGENDA
ITEM 503
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
January 24,2005
Meeting
Mgr.~/~Pt.
Authorization
REQUEST:
The Community Development Department Arborist recommends the City Commission consider
the request of Mr. Steve Miller to remove one (1) 28- inch specimen oak tree.
PURPOSE:
The purpose of this agenda item is for the City Commission to consider (as required by Section
5-8 of the City Code of Ordinances) Mr. Miller's request to remove a specimen (28-inch
diameter) oak tree at 606 Morgan Street. The specimen tree is located in the new construction
area by the garage. The applicant states that he wants to remove the tree because of an addition.
He has stated a willingness to replace the tree.
APPLICABLE LAW AND PUBLIC POLICY:
On October 13,2003, Chapter 5 ofthe City Code was repealed and replaced with Ordinance No.
2003-22 (pertinent sections enclosed as attachments).
Sec. 5-2. Intent and Purpose.
Sec. 5-3. Definitions.
Sec. 5-4. Permit Required for Tree Removal and Land Clearing;
Separate Violations Criteria.
Sec. 5-8. Specimen or Historic Trees.
Sec. 5-14. Tree Protection During Development and Construction;
Periodic Inspection.
Sec. 5-16. Waivers and Appeals.
JANUARY 24, 2005
REGULAR AGENDA ITEM 503
Page 2
FINDINGS:
1) Section 5-8.b of the Arbor Ordinance provides that a specimen tree shall not be
removed except for extraordinary circumstances and hardships and only by final
permit approval by the City Commission.
2) The applicant states that the owner wants the specimen tree removed for the following
reasons:
a) The applicant will be adding an addition. Construction damage will kill the tree
which will result in a hazardous situation if the tree is not removed.
b) This tree is found in the driveway entrance to the applicant's garage.
Public Safety
Staff analysis of the site reveals that a hazardous situation will result if the tree is not removed.
Conclusion
Staffs review concludes that the applicant's request for removal is valid based upon the findings
listed above.
STAFF RECOMMENDATION:
Based upon staffs review of the facts related to this application, Staff recommends that the City
Commission APPROVE the removal ofthe 28-inch oak tree from 606 Morgan Street as per
Code.
ATTACHMENTS:
A. Ordinance 2003-22 (excerpts)
B. Permit Application
C. Site Location Map
COMMISSION ACTION:
See. 5..2.
ATTACHMENT A
Ordinance
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. Int&nt and Purpose.
. (fti Purpose. The purpose of this Cbaptet is to esfabllsh pl'Oteotive regulatiOns fur Trees wi1hln
the City in order to maintain and protect the qty Forest, to better control problems of
tloodlng, soli oonversafioD, air pollution and noise.. and to make the City ft healthier, more
atttaotive and safer place in muoh to live.
(,.
(b) Intent. The intellt of this Chapter is to enoourage tlie protection of the 111ax!mum number of
~ Trees within the PrlmlUj' Tree Proteotion Zone and of large Specimen Trees within the
Secondary Tree Protection Zon~. Ins further the intent of this Chapter to encourage the
. proteotion of Trees native to Central Florida IDld to enoourage proper removal of exotio. pest
trees. .
To tWs en~ it shall be unlawful to cut down, damage, poiso~ or in any other manner destroy
or cause to be destroyed any Tree or other vegetation as covered by the provisions of this
ordinance Chapter except in accordance with the provisions set forth herein.
SEC,S~3
(oil Specimen :free. A Tree, otllOr tlum an uodesirab Ie tree, B1nwtumllyuoooUOd tree that OlllUlot
,..... .. be recovered by pruning. dead tree, or diseased tree, that is has a oaliper oftwenty:.fuur (26
W inches or more in diameter. Specimen trees shall not include laurel oak: (Quercus
lauri olia sand ine Pinus clausa or ch laurel P nus carotin ana . .
(t-y) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of
roots.
See~ 5-4.
Permit Requited for Tree Removal and Land Clearing; Separate Violations;
. Criteria.; Contractor Permit ~equire{ll
Pennit Required. No Person shall engage hi Tree Removal or engage in Land Clearing
located within the City, without first obtaining a pennit as provided in this Chapter. If.!!
roe . 0 ner has retained a contractor to erfonn the Land Clearin or Tree Remov.l the
coIitractor shall be res onsible for obtai in the ennit re ir db his Ch er rio to e
Lan~ Clearing or Tree Remov~1. It shall be a separate violation oftms Chapter for each Tree
removed and e.ach day a person is engaged in Land Clearing without a permit.
(a)
..
Sec. 5-8. Specimen or historic trees.
(b) Removal. Notwithstanding any other pro-
vision of this chapter, specimen or historic trees
shall not be removed except for extraordinary
" , circumstances and. hardships and only by final
.... . permit approv~d by the city commission.
COrd. No. 2002-08, ~ 2, 4-8-02; 2003-22, ~ 2,
, · 10-13-03)
See. s.g. Tree Replacement GuldeUnes~
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(b)
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Sec. 5~16.
(a)
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(a)
,
Dee Replacement. AU Trees dJat are removed or de81royed and subject to tetllaoemo.o.t by
this Chapter shall be replaced by a species of Tree 01100 in Appendix B, Desirable Trees or
Appendix 0, Ptef<<codPlattt L1!tor such other Trees properly. approved by the City Forester.
=me:t ~~s81Ulf1OA ~ ~oate ofoooqpanoy Of auorova.1 is
Pendln8:l or Rep~ ,j,.jj - wiUrln nii;ety (ge) lblrty o.ID da)'ll of removal or
destruotion. whiohever date is'earliett unless a greater replacement period is pro'Vided for
good oause by pennit.
(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 oharacteristics comparable
to that of the Tree(s) reques.ted to be removed.
"'
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Burden of Tree Protection on Property Owner. It shall be the responsibility of afdoveloper
or applicant property owner and their agents to ensure that any Tree shown on the Tree
inventory for which a Tree Removal permit has not been obtained is to be" protected. The
property owner shall guarantee survival of retained trees and ReplapeIDent Trees for one (l)
year from completion of pennitted oonstruction, unless a greater time period is required by
development agreement. If a retained or replacement Tree dies during that 'time period, the
property owner shall replace the Tree in accordance with a remedial action appr()ved under
~ 5-17 of this Chapter.
.
Waiversj Incentive Proer~rm and Appeals.
Waivers. The City Commission may giant a waiver to provisions of this Chapter where the
applioant demonstrates that the literal interpretation of the ordinance Chapter will deny the
applicant reasonable use of the property or where such waiver can be demonstrated to be
consistent wiili ilie PUrpose llIId intent 0 f the ordlnalleO ChJlIlt'lJ:. The preservation of llIIY
approved Tree over four (4) inohes in caliper may be considered as the basis for the granting
of a waiver from the literal application of the provisions of the City's land development
regulations. If, in the detennination of the City Commission, the sole basis for the request
for waiver is to preserve such Tree which would otherwise have to be removed, it may direct
any required waiver fee to be waived. ,
ATTACHMENT B
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CITY OF WINTER SPRINGS, FLORIDA
Code Enforcement
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
C")
PERMIT MUST BE POSTED ON SITE
ARBOR PERMIT APPLICATION
ARBOR PERMIT NUMBER
Homeowner: S+ev~ MI LL€.R
Job location: 6; 0 G Ihol~ &i:
PERMIT FEE
Telephone:' 407'- 31q "2.1Q 4.
T~~rrlJ/f (111/
Subdivision:
Contractor:
Address:
Telephone:
General Liability Exp:
License #
Workman's Comp Exp:
Single-Family X Development
Land Clearing Land Filling
- 1 Certified those tree to be cut fit into one of the following categories as c. hecked:, .! ")
(8 .1. Trees located on building and construction soes, a~re.etaced.. Se.e.. lI-~fL of
2. Trees within ten feet of proposed, or existing structures and to be replaced.
3. Trees severely diseased, or severely injured, or dead.
4. Trees that interfere with provision of public utility installations,
5. Trees that have been approved by the City Forester to be replaced elsewhere on the property.
6. Trees that are exotic, invasive species (EPPC #1).
7. Sec. 5-4 (b) 6. As relates to governmental projects.
(acres) t:Jumber of trees to be cut
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/4 t" CJ#k
11'L ()frk
d- d-" ()/fk
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-I hereby acknowledge that the above information is correct and agree to conform to the City of Winter Springs zonin.9.a.Ar
[3/iO-/1/l
regulations and building codes. I agree If any public property Is damage, I will restore it to the original condition. I ag~e fU~
that this application allows the Forester to enter my property for the purposes of inspection. (initials) ~3 t, j M
-I certify that any replacement plants will be installed within 30 days from the date of this application. I will be responSi~e .
for arranging reinspections, if necessary. V )0 (j r;p~<I1l.t:4'1
Applicants name Signature bit/(
(please print)
NOTE: All lots or addresses must be marked so as to be easily identified. For undeveloped lots, the lot lines and construction pad must
be clearly staked. For land clearing or undeveloped lots, a tree survey of ALL over 4" caliper must be submitted. Please indicate the
preventive measures that will be used to protect existing trees during construction. If an appointment need to be schedule for inspection
due to limited access (fence, dogs, etc.), please call 327.1800 ext#327.
CITY OF WINTER SPRINGS, FLORIDA
Code Enforcement
1126 EAST STATE ROAD 434-
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
FOR OFFICE USE ONLY:
lJ~_
=ORESTER
DATE
tEINSPECTION REQUIRED:
'ES
(DATE)
NO
· All trees, whether for replacement or installation, MUST be at least a Florida Grades and Standards Number 1. Tree
species designated by the Exotic Pest Plant Council as exotic and invasive may not be used as replacement plantlngs.
Acceptable replacement plants are listed in the Arbor Ordinance #2003-22. All planted trees MUST survive for at least one
full year or be replanted.
· Winter Springs is designated "TREE CITY USA" by the National Arbor Day Foundation.
DD Contractor License Required: Contractor Obtaining Permits. Any person or entity engaged
in the business of Tree removal or pruning shall be licensed by the City on an alUlUal basis.
Licenses may be obtained 110m the City by completing an application prepared by the City
and a 'n the re uired license fee, The license a lication shall oontain at a minimum the
name, address. and telephone number of the contractor and. a oopY of thecontra9tor's
occu ationallicense and roofofliabili and workers' com 11B 'on' B ance I' hall be
unla\;ful for ":'Y P erso~' or entity to en~llfe in (he ~usinOB' of1.i;.e remo~II1~! ~r::; a~\l!il1
the CIty ofWmter Sphngs wIthout a l1cense reqillred under this 8OOsoo_o_, 1- h U aI.so b~
unlawful far any such person or entity to fail to obtain a pennitan behalfQfapr;pe~owner
pursuant to Secti9n 5.A(a) oJ this .Chapter.
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POOL EQUI
EX/S TlNG DR/vtWA Y
CURVE 1
S15053'44"W 240.481
MORGAN STREET
IO'WIDE: RIGHT_OF_WAY
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PAGE LOCATION KEY MAP WITH 1 & 2 MILE RADIUS RINGS
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Fire Department Address Map
PRINTED: REVISED:
sept 1998 1 : 2 :
City of Winter Springs, FL
o 200 400
~-_-_-_-_ I
Scale : '" = 350 feet
3 :
Map
Pa e
o...Joped By: ENGINEERING " LAID SYSTEMS Inc.
2646