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Home My WebLink About2001 05 29 Regular C Arbor Permit Date: 05292001 The following Agenda Item C was not heard at the 05/14/2001 Meeting and was continued for the OS/29/2001 Special Meeting. COMMISSION AGENDA ITEM C Consent Informational Public Hearing Regular X ..).q May}'( 2001 Meeting ~.^ ~ Mgr. vv"- / e . Authorization -- REQUEST: The Community Development Department-Code Enforcement Division requests the City COlrnnission considers infonnation regarding arbor pennits. PURPOSE: The purpose of this agenda item is to request the City Commission considers information regarding arbor permits. APPLICABLE LAW AND PUBLIC POLICY: Under current regulations, a permit must be obtained prior to the removal of any tree over 4 (four) inches in caliper. The inspection fee and replacement requirement is waived if the tree is dead or invasive. In all other cases, however, an inspection fee and replacement requirement applies. The Beautification of Winter Springs held a special workshop on February 6, 2001 to discuss the Arbor Ordinance. The Board made a motion to recommend to the Commission to "leave the Arbor Ordinance alone". They also wanted to recommend that an addition of a "hardship clause", ". . . a financial hardship clause that the residential homeowner can make a one time appeal to have a single tree,. . . on a one time basis due to financial hardship that there be some form available, signed by residents, presented to staff and that it would be on a staff case by case basis." MAY 14,2001 INFORMATION AGENDA ITEM A Page 2 CONSIDERA TIONS: Recently, the City Commission recognized the contribution trees make to the environment. Decreases in air and water quality, rapid depletion of our aquifer, rising air temperatures, increases in pest insects and erosion factors can all be directly linked to the continuing loss of tree canopy in our area. In an effort to forestall the rapid loss of the urban forest, measures were put in place to begin to replace some of the trees that are lost daily in this area. A tree provides benefits to the environment outside the property line. Property values are increased substantially in neighborhoods with mature trees. Air and water qualities extend far beyond the lot where the tree lies. A mature tree provides habitat for birds and bats that help control the pest insect population in a large area. A mature tree on a single lot affects the property that surrounds it. There is a validated public interest in trees that lie on private property, just as there is an interest in the maintenance of other private property in the city. The city regulates landscape maintenance, condition of structures, storage of materials, signage, commercial vehicles, and other factors that affect the quality of life for our residents. The protection of our urban forest is another valued service that a progressive local government provides for its residents to protect property values and environmental quality. Since the City of Winter Springs is a primarily residential town, most of our requests for tree removal come from a single residential unit. The Arbor inspection gives us an opportunity to make suggestions for pruning, removal, and maintenance of the resident's landscape. It also serves as a protection against unscrupulous contractors that prey upon our most vulnerable residents. Often, an inspection reveals a less costly means to alleviate the problem the resident may have with their landscape. We also recommend types of materials that sit a particular site, advise on care and maintenance and, on occasion, recommend removal of hazardous trees. The replacement requirement is conservative. We do not require an inch-for-inch requirement for trees that are removed. We ask that replacement materials be at least 1 Yz ( one and one-half) to 2 (two) inches in caliper, and I5-gallon size. We recommend native species because of their ease of care, drought tolerance and habitat abilities, but do not require it. We work with the resident to provide recommendations on placement, planting, and care. If a resident does not wish to replant on their site, we will offer the opportunity for the resident to make a monetary replacement to the "tree bank". These funds are set aside especially for the purpose of planting and maintenance of trees and large shrubs on public property. STAFF RECOMMENDATION: Staff recommends that the requirement for replacement of trees be upheld. Statfrecognizes that there may be instances where a financial hardship may arise that would place a burden on a resident. As long as a burden is not placed on Statfto make an actual determination of financial hardship, and provided that there is a means for appeal to Staff's decision, Statfwould support a MAY 14,2001 INFORMATION AGENDA ITEM A Page 3 "hardship clause" as recommende<;l by the B.O.W.S. Board. ATTACHMENTS: A. Minutes of B.O.W.S. meeting COMMISSION ACTION: ~ CITY OF WINTER SPRINGS MINUTES BEAUTIFICA TION OF WINTER SPRINGS BOARD WORKSHOP FEBRUARY 6,2001 I. CALL TO ORDER Chairperson Ethel Beecher called the Workshop to order at 7:07 p.m., Tuesday, February 6, 2001 in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call Chairperson Ethel Beecher, present Vice Chairperson Dart Helgeson, present Board Member Alice Bard, present Board Member Dawna Ferguson, present Board Member Richard Grogan, absent Board Member James Harbin, present Board Member Carol Morrison, absent Also Present Mr. Charles Carrington, Director, Community Development Department Ms. Jimette Cook, Manager, Code Enforcement Division .., " II. WORKSHOP AGENDA A. Discussion Of Arbor Ordinance Ms. Jimette Cook, Manager, Code Enforcement Division spoke of the history of the Arbor Ordinances; the loss of the urban canopy and it's effects; the City's policy for removing a tree; the number of trees removed in the year 2000; a recent case that came before the City Commission; and the replacement policy. Ms. Cook requested that the Board recommend to the Commission ~'To leave the Arbor Ordinance in place". The Board Members discussed whether it is intrusive of the City to restrict removal; that tree removal impacts the community's ecological system; the problems if the area does not have an adequate canopy; resident's reasons for tree removal; other areas Arbor Ordinances and fees; and tree removal being a financial strain for some people. Discussion. Tape lIS ide B Discussion ensued regarding the tree bank; developers agreements; replacement fees supporting beautification projects in the City; fence maintenance; social agencies; various reasons for tree removal; Appeal Boards; and the removal of dead, invasive and diseased ., '" CITY OF WINTER SPRINGS MINl rrr.s /JEAUTIFICATION OF WINTER SrlUNGS HOARn WORKSIIOr- FEI1Rl,^RY 6. 2(JOI PAGE 2 OF 3 trees are not charged a permit fee; a one time hardship financial exemption; fine-tuning the Arbor Ordinances; and the St. Johns River Water Management District. Discussion. MOTION BY VICE CHAIRPERSON HELGESON. "I WOULD LIKE TO MAKE A MOTION THAT THE ARBOR ORDINANCE AS IT STANDS IS ACCEPTABLE AND THE B.O.W.S. BOARD OF WINTER SPRINGS LEAVE THE ARBOR ORDINANCE ALONE." MADAM CHAIRPERSON BEECHER ASKED "WITH THE ADDITION OF THE HARDSHIP CLAUSE?" VICE CHAIRPERSON HELGESON STATED, "YES, THAT WE WOULD LIKE THE COMMISSION TO CONSIDER A FINANCIAL HARDSHIP CLAUSE THAT THE RESIDENTIAL HOMEOWNER CAN MAKE A ONE TIME APPEAL TO HAVE A SINGLE TREE, OR ONE (1) OR TWO (2) TREES BECAUSE THEY ARE CLOSE TOGETHER BUT SOMETHING ALONG THAT LINE ON A ONE (1) TIME BASIS DUE TO FINANCIAL HARDSHIP THAT THERE BE SOME FORM A V AILABLE, SIGNED BY RESIDENTS, PRESENTABLE TO STAFF AND THAT IT WOULD BE ON A STAFF CASE BY CASE BASIS. SECONDED BY BOARD MEMBER BARD. DISCUSSION. VOTE: VICE CHAffiPERSON HELGESON: AYE CHAIRPERSON BEECHER: AYE BOARD MEMBER JAMES HARBIN: AYE BOARD MEMBER ALICE BARD: AYE BOARD MEMBER DA WNA FERGUSON: AYE \I ~ Tape 2/Side A Chairperson Beecher spoke of Mr. McLemore's accident and her being unable to finalize the Boards questions with him. III. FUTURE AGENDA ITEMS This Agenda Item was not discussed. ," CITY OF WINTER SPRINGS M/NlrrES IlEAIITIFICATION OF WINTEI~ SI'IUNGS 1l0AIU> WORKSIIOP- FEBRUARY G. 2001 PAGE30F3 IV. ADJOURNMENT MOTION BY BOARD MEMBER FERGESON. "I MOVE THAT WE ADJOURN THE MEETING." SECONDED BY BOARD MEMBER HELGESON. THE BOARD AGREED TO THE MOTION BY CONSENSUS. Chairperson Beecher adjourned the meeting at 8:48 p.m. RESPECTFULLY SUBM/ITED: DEBBIE GILLESPIE DEPUTY CITY CLERK .. !< Do~'S\ W ord\BOJ\RDS\BEA lr['( FI\aIIl\M IN UTES\200 I \minbows-02060 I Workshop. doc