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HomeMy WebLinkAbout2006 04 24 Regular Item 310 Vanessa Brown COMMISSION AGENDA ITEM 310 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X April 24, 2006 Meeting REQUEST: The Community Development Department, City Arborist, recommends the City Commission consider the request of Vanessa Brown of 767 Blades Court to remove (1) specimen tree located on the resident's private lot. PURPOSE: The purpose of this agenda item is for the City Commission to consider a residential request to remove (1) specimen (27 inch diameter) Live oak tree from the resident's private lot. CONSIDERATION: The specimen tree is located on the rear of the property within 5' (feet) of the home. The applicant states that her licensed engineer, Richard Stevens, P.E., indicates a problem with root damage from the Oak tree to the home. APPLICABLE LAW AND PUBLIC POLICY On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. 042406_ COMM_Regular _310 _Arbor _Request_ Vanessa_Brown Sec. 5-8. Specimen or Historic Trees. Sec. 5-14. Tree Protection During Development and Construction; Periodic Inspection. Sec. 5-16. Waivers and Appeals. 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) Upon a visit to the site by the City Arborist, the roots from the Live oak tree in question were found to be growing into the foundation of the home. STAFF RECOMMENDATION: Staff recommends that the City Commission approve Vanessa Brown's request to remove the (27" in diameter) specimen tree located on her residential property. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts). B. Photos of the home located at 767 Blades Court and location map. C. Engineer's professional opinion letter. COMMISSION ACTION: Attachment 'A' Ordinance See. S-2. . Intent and Purpose. (a) Purpose. The purpose of this. Chapter is to establish protective regulations for Trees within the City in ordor to maintain and protect the City Forest, to better control problems of flooding, soil conversation, air pollution and noise, and to make the City a healthier, more attractive and safer place in which to live. (b) Intent. The intent of this Chapter is to encourage the protection of the maximum number of Trees within the Primary Tree Protection Zone and of large Specimen Trees within the Secondary Tree Protection Zone. It is further the intent of this Chapter to enoourage the protection of Trees native to Central Florida and to encourage proper removal ot: exotic pest trees. To this end, it shall be unlawful to cut down, damage, poison, 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.5-3 (s-t) Specimen Tree. A Tree, other than an undesirable tree, structurally unsound tree that cannot be recovered by pruning,dead tree, or diseased tree, that is has a caliper of twenty-four (20 24) inches or more In diameter. Specimen trees shall not include laurel oak (Querour Iaurifolia).and pine (Pinus clausa) or cherry laurel(Prunus Caroliniana). (t-u) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots. Sec. 5-4 Permit Required for Tree Removal and Land Clearing; Separate Violations; Criteria Contractor Permit Required. (a) Permit Required. No Person snaIl engage in Tree Removal or engage in land clearing located within the City, Without first obtaining a permit as provided in this Chapter. If a property owner has retained a contractor to perform the Land Clearing or Tree Removal the contractor shall be responsible for obtaining the permit required by this chapter prior to the Land Clearing or Tree Removal. It shall be a separate violation of this Chapter for each Tree removed and each day a person is engaged in Land Clearing without a permit. 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 approved by the city commission. (Ord. No. 2002-08, 2, 4-8-02; 2003-22,2 10-13-03) Sec. 5-9, Tree Replacement Guidelines. (a) Tree Replacement. All Trees that are removed or destroyed and subject to replacement by this chapter shall be replaced by a species of Tree cited in Appendiz B, Desirable Trees or such other Trees properly approved by the City Forester. Replacement shall occur prior to the issuance of a certificate of occupancy(if approval is pending) or thirty(30) days of removal or destruction whichever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria for Replacement Trees is as follows: (1) Characteristics of Replacement Trees. The replacment Tree(s) shall have at least equal shade potential, screening properties, and/or other characteristics comparable to that of the Tree(s) requested to be removed. Sec 5-14 (b) Burden of Tree Protection on Property Owner. It shall be the responsibility of a developer 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 Replacement Trees for one (1) year from completion of permitted construction, 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 approved under 5-17 of this Chapter. Sec. 5-16.. Walvers; Incentive Program; and Appeals. (a) Wafvera. The City Commission may grant a waiver to provisions of this Chapter where the applicant demonstrates that the literal lnterpretation of the ordinance Chapter will deny the applicant resonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the ordinance Chapter. The preservation of any approved Tree 'over four (4) inches 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 determination 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' 04/03/06 16:18 FAX 407 971 0555 WEICHERT OVIEDO Northern Boundary Municipal Address Map Book PRINTED; REVISED: Oct 2003 1 : City of Winter Springs, FL 2 : 3 : Map Page Developed By: NOTES: Attachment 'c' 04/03/06 16:20 FAX 407 971 0555 WEICHERT OVIEDO Apr as 2006 3:10PM Stevens Engineering & Architecture, Inc. 924 N. Magnolia Av. S-324 Orlando, Fl. 32803 407-422-6330 April 3, 2006 City of Winter Springs, Winter Springs, Fl., REF: Tree damage to house at 767 Blades Ct. Winter Springs) FI. Barbara Singleton, Realtor, 407-927-3829, fx. 407-971-0555 To Whom It Concerns: The subject tree is located in tbe proximity too close to the above house. This has caused structural damage to the house. In my opinion, the tree should be removed to prevent further damage to the subject house. Yours truly, Richard-Stevens, PE 14878