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HomeMy WebLinkAbout2002 12 09 Regular J Tree Removal COMMISSION AGENDA ITEM J CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X December 9,2002 Meeting MIU. nIP Depl. Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Mr. Bill Thompson to remove 1 specimen loblolly pine, approximately 23 inches in diameter. PURPOSE: The purpose ofthis agenda item is for the City Commission to consider the Mr. Thompson's request to remove a specimen (23 inch diameter) loblolly pine tree, as required by Section 5-8 of the City Code of Ordinances. The specimen tree is located in the back yard about fifteen feet from the house. The applicant states that he wants to remove the tree because the owner wants to sod the back yard and the pine needles make a mess. He has stated a willingness to replace the tree. APPLICABLE LAW AND PUBLIC POLICY: On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed as attachments).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. December 9, 2002 REGULAR AGENDA ITEM J Page 2 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) Approximately two years ago the City issued a permit at this location for the removal of dead trees from the site. The tree in question under the current application was included in that previous application. Removal of the tree in the prior issued permit was denied due to a finding that removal could not be recommended under the provisions of the Tree Ordinance at that time. 3) In this application the applicant states that the owner wants this same tree removed for the following reasons: a) The tree is preventing the owner from sodding the yard. b) Pine needles from the tree make a mess in the yard. c) The tree is causing damage to concrete driveway and parking pad. Sodding The Yard Based upon Staff review it does not appear that preservation of the tree will prevent sodding of the yard. Pine Needles Pine needles may be considered a nuisance. Pine needles do not have to be cleaned at all. In this and other situations where the owner desires to keep the lawn clean of needles, this can be done my normal maintenance practices without necessitating any damage to the tree. Damage to Concrete Driveway and Pad Based upon Staff review there is no evidence of the driveway causing any barrier to root growth. Additionally, there is no evidence of the root growth causing any damage to the driveway and parking pad. In such cases, numerous root management alternatives can be employed as an alternative to cutting the tree. Public Safety Staff analysis of the site in this application does not reveal any evidence of any public safety issues caused by the tree. In time, lower limbs on this tree may need routine pruning from time to time. December 9, 2002 REGULAR AGENDA ITEM J Page 3 Conclusion Staff's review of this application concludes that the applicant's request is based upon convenience and personal preference issues that do not constitute verification of extraordinary circumstances nor hardship. STAFF RECOMMENDATION: Based upon staff's review of the facts related to this application, Staff recommends that the City Commission deny the request to remove the 23 inch diameter specimen loblolly pine tree from 717 Sybilwood Circle. ATTACHMENTS: A. Ordinance 2002-08 (pertinent excerpts) B. Applicant's application C. Location map COMMISSION ACTION: ATTACHMENT A Ordinance .~.:~~. WHEREAS, the City CommIssion of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests oftl1e 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. Repeal of Prior Chapter 5. The City of Winter Springs Code, Chapter 5, is hereby repealed in its entirety, A copy of Chapter 5 is attached hereto as Exhibit "A" for refurence purposes to indicate the provisions hereby repealed. Section 2. New Chapter 5 Created, A new Chapter 5 of the City of Winter Springs Code is hereby created as follows: CHAPTER 5 - TREE PROTECTION AND PRESERVATION Sec. 5-1. Applicability. This ordinance shall be applicable to all land lying in the incorporated area of the City of Winter Springs. Florida. Sec. 5-2. Intent and Purpose. ) uu Purpose. The purpose of this Chapter is to establish protective regulations for Trees' within the City in order 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. ~ 'Y @ Intent. The intent of this Chapter isr.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 ~rotectibn Zone. It is further-the intent of this .', Chapter to encourage the protection of Trees native to Central Florida. 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 except in accordance with the provisions set forth herein. Notwithstanding. in case of emergencies involving natural disaster such as. but not limited to. flood. freeze or other natural disasters. the requirements oftms ordinance may be temporarily waived by the City Commission by resolution. City of Winter Springs Ordinance No. 2002-08 Page 2 of 19 .... (Q} (g) (d se~ '5'~ 3 w ~ ill filll Preferred Plant List. Preferred Plant List shall mean the list of plant materials and corresponding: Tree Rerlacement Credit shown in Appendix "cn, which may be amended from time to time by the City Manager in writing (ill Primary Tree Protection Zone. This shall mean the front, side and rear yard areas as established and required by the Land Development Code of the City as the same may. from time to time. be amended, (Q.l Protected Area. An area surrounding a protected. Historic. or Specimen Tree within which physical intrusion is Rrohibited in order to prevent damage to the Tree. roots and soil around the Tree base. the dimensions of which shall be established by the City and set forth in the Tree Removal permit. in according with Section 5-14, Protective Barrier. Shall be a circle of one-inch to two-inch wide stakes spaced a maximum of eight (8) feet from each other at the perimeter of the Tree Protection Zone and which extend out of the ground at least eighteen (18) to twenty-four (24) inches. with the top two (2) to four (4) inches marked by flourescent orange paint or tape. Replacement Trees. Replacement Trees shall at a mmllnum comply with the provisions of Subsection 5-9. Secondary Tree Protection Zone. This shall mean all areas not included in the Primarv Tree Protection Zone. Subdivision street rights-of-way and easements are' also defined as being within the Secondary Tree Protection Zone, Specimen Tree. A Tree. other than an undesirable tree. dead tree. or diseased tree. that is twenty (20) 'inches or more in diameter. ~ Stem. The main trunk of a plant: its primary axis that develops buds and shoots instead of roots. \ 10 Topping. The severe cutting back oflimbs within the Tree's crown to prevent normal growth to such a degree so as to remove the normal canopy and disfigure the Tree. (y) Transplant. The act of relocating an existing Tree upon the same lot. (w) Tree. Self-supporting wood. perennial plants of species which have a trunk with a diameter of at least four (4) inches measured at Caliper and nOffilally grow to an overall Crown height of a minimum of fifteen (15) feet. City of Winter Sprincs Ordinance No. 2002..{)8 Page il of I <J w Historic Tree designations shall be subiect toapprova[ by resolution of the Cit f Commission and the Cit Commission ma rant tree replacement credits, upon granting an Historic-Tree designation, .~'....~. ~.~~~i.:~. .'. \.:.-'.' . '1' " ~L~8 (Q) ~7 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 Commissio~ Sec. 5-9. Tree Replacement Guidelines. ill to ili2 Criteria for Replacement Trees is as follows: ill Characteristics 0 Re lacement Trees, The re lacement 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, ill Size 0 Re lacement Trees. e lacement Tree s. are to be made accordin... to a standard of one (I ") inch DBH total replacement [or each one (I ") inch DBH removed. unless (I) the Trees are replaced ~th Trees from the Preferred Plant List: or (2) otherwise agreed upon by the City Commission and applicant. Acceptable spacing and. desifm standards are the only criteria that shall limit the number.of Trees used to meet the inch for inch requirement. ill Tree Species. Relocated or Replacement Trees shall include only species defined as Desirable Trees (Appendix B) under this ordinance. ill Transplanting and Maintenance Requirements. All Trees transplanted pursuant to this ordinance shall be maintained in a healthv.living condition. Any such Trees which die shall be replaced and maintained by the property owner. The City shall retain perpetual jurisdiction to ensure compliance with this Chapter. .' ill Waivers 0 Re lacement Tree s S. eci (cations. The number of r uired Replacement Trees may be waived by the City Commission. if the City City of Wintcr Springs Ordinancc No, 20Q2-0R PaGc II of 19 ". ':~::i; .'~~:,,: " ! ill Any new single-faniily or duplex dwelling unit on a lot orless than 6.000 square feet or greater not fewer than two (2) Trees, (Ql Any new single-(~1mily or dURlex dwelling unit on a lot ofless than between 6.001 and 10.000 square feet: not fewer than three (3) Trees. ill Any single commercial, industrial. multi-family or other structure requiring site plan approval under the City land development regulations: no fewer than five (5) Trees or approximately three (3) Trees per acre, which ever is greater. Sec. 5-14. Tree Protection DUl'ing Development and Construction; Periodic Inspection. ill Restrictions During Construction. It shall be unlawful for any Person, during the construction of any structures or other improvements, to place solvents, paint or masonry materials, construction machinery or temporary soil deposits within the Dripline of any Tree for which a Tree Removal permit is required but has not been obtained. This provision includes soil that is placed in the Dripline permanently for the purpose of a grade change, unless the grade is changed according to the guidelines described in the Florida Division of Forestry. Department of Agriculture and Consumer Services Publication. Tree Protection Manual for Buildings and Developers. Burden of Tree Protection on Property Owner. It shall be the responsibility of a developer or applicant toensure 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. !f1 Protective Barriers Required. Posts shall be used as Protective Baniers to the roots and Trunk of every Tree on the parcel being developed. The posts shall be placed at points not closer than one.,halfradius of the Dripline of the protected tree, unless the structure has been permitted by the City to be erected within the Dripline of a Tree with a wide canopy. Each section of the barrier shall be clearly visible (flagged with , brightly colored plastic tape or other markers). No attacrunents or wires other than those with a protective or non-damaging nature shall be attached to any Tree. City or Winter Springs Ordinance No, 2002-08 Page tSar 1<) ~ill} ili.l Sec. 5-17. ill} , (Q2 Site !l/sfJecliolls, The City Forester may conduct periodic inspections of the site. It is the rCSRoIlsibility oCthe alw1icant to ensure that all provisions of this Chapter are III C t. Scc.5-15. Volul1tan' Tree Planting. Sec. 5-16. Waivers and Apneals. Waivers. The City Commission may grant a waiver to provisions of this Chapter where the applicant demonstrates that the literal interpretation of the ordinance will den the a licant reasonable use of the. 1'0 ert or where such waiver can be demonstrated to be-conSIstent with the purpose and intent of the ordinance. The reservation of an a roved Tree over four 4 inches in cali er ma 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, A eals. An Person adversel affected b an administrative inte _ retation of this Chapter may appeal that interpretation to the City Commission by filing a written notice of appeal of said interpretation within thirtv (30) days of said inte;retation. Failure to file an agpeal within said time period shall result in the administrative interpretation to be declared final. 'The City Commission shall decide said appeal within thirt 30 da s of the Cit 's recei t of said notice of a eal and the Ci Commission's decision shall be final. Remedial Action. (Q} Re lacement Formula. Each Tree destro ed or receivin ma'or dama e durin construction must be replaccd by either a comparable size and desirable type of Tree as listed within ApJ)cndix I3 or four (4) Replacement Trees before issuance of a City of Wi liter SprillGS Ordillilllce No, 2002-0H PaGe I (, of I <J ATTACHMENT B Applicant's Application Ln'"'''' ""t-t-4JQ(...:;IVI'-l'Lc:.. I'U.~( t"'.c/.::l !~N-1S-190B 21:35. P.01 CITY OF WINTER SPRINGS, FLORIDA Code Enforcement . 1126 EAS,. STATE ROAD 434 W1NTe;R SPRINGS. FI.ORlDA 32708-27&9 Telepho~ (407) 327-'800 fl~ (407) 327-6695 t f~ ~fAx r~1\ MUST POST PERMIT ON SITE TO BE VALID ~-l ARBOR PERMIT APPLlCA nON PROPERTY PLAT MUST BE An-ACHED INDICATJNG EXISTING TREES AND REPLACEMENT TREES ARBOR PERMIT NUMBER . PERM." FEu -'- CONTRACTOR: .p-u...~ 11~~ PHONE: HOMEOWNER:..s2hi.cla' fJjckGr PHONE: ~o7Vf9._ - '1774 10 S~m:(~(JOJ FM J,d-.' '14J. '8153 LOT: BLOC~__SEC110N _UNIT_SU80IVISTON.~/~ SfNGLE..FAMILY LOT \L. DEVEU)PMENT__(numberoracres) NUMBER OF TREES r~ _-""'LAND CLEARrNQ ~AND FILlING_ J - p; Ile (;).3" d.IQ. I AV""'-. ~~f~~, I c:;ertity those tR:es to be cut fit into one of the fol'fowing categories as checked; - LOCATION; (1) Trees located on building and construction sites. and to be replaced (2) Trees within ten feet of proposed or existi08 structures and to be replaced ~(3) Trees severely diseased or injured. or dead (4) Trees that will interfel'e with provision ofabove-grol,Jtu4 "ti{jtv installations ~ ~-=(S) Trees that have been approved by the City Fo~~~!ie~ {!i)_.~~whcrc on the property by tress eL}uivaJent to those (0 De r.:.m(J~ea. . (6) Trees that are exotic, invasive species (EPPC # I) -- it. o. , " - I hereby acknowledge that the above information is correct and agree to conform to the City of Winter Splings zoning regulations a.nd building codes. I agree if any public property is damaged. I will restore it to the original condition. I agree that this application allows the Forester to enter my property for the pt'rp~ses of inspection. I ;. 0; , J ,,:,-. . ~ . " __.... ........ .___-.-..J_t",_""" 11V.o"'tr r..::J/.::J r'.~ JAN-15-1900 21;36 ,," .. . I CER.TIFY THAT ANY REPLAceMENT PLANTS WILL BE INSTALLED WlTHIN 90 DAYS FROM DATE OF THIS APPUCATION. I WILl... 613 RI!SPONS1t3LE FOR ARRANGING REINSPEC1'10N. IF ~"ECESSAR Y. APPLICANTj,..O. l-rr ~~;;/{. '"~~- NAME ...,/" ...D J( \ ~~P~'.)IGN A TURE ,Vy-?/ ;~ .,.,. -,r' - C- (Pl~~~ B.;2.1 ~=<<t 20''''f / NOTE: All lots or ad.dresses must be marked so as La be easily idenliIied. For undeveloped lots, the lot lines and constrUction pad must be clearly stuc=d. For landclearing or undeveloped Iou. a. tree survey of ALL trees over 4" caliper must be submitted. PLease indicate the pre\'entative measures that will be used to protect existing trees during construction. !fan appomtment needs to be scheduled for inspection due to limited access. (fence. dogs. etc.), please call 327-1S00,ext. #J27. -- APPROVED WITH THE FOllOWING CONDITIONS: 1 . .. ,. r' .. ~-'.;-'~ .::~t;.~~~t{.}.i~fr'~~~' DA.TE FORESTER RElNSPECnON REQUl-RFn: YES...- . I (DATE) NO All trees. whether for replacement or installation, MUST be at te1Sl 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 plantings. AU planted treeS MUST survive for at least one full year or be replanted. Winter Springs is a designated "TREE CITY USA" by the National Arbor Day Foundation. 11_"'. .......'-~ (...."-"""'. II jJ('-".::H* ....l:.......UOC'='Vf~,:r\.J.c.. 1'iU.l:;lq( 1-'.1/;:1 C,:tf 0+ W,~~r S~('~^~~ t\4t: yV\,tW:.. "f{d:-r:. ^- ~. 'E,,~ e..~ "'. ~ \ Q..06e... (' e. c.. ~ - J e. -\\..~ ~ ~; ().-h",'1 +0 . [e.W\.Oj.., C~) fre.GIS -f('o_ 7rf ~ib;I~. 1=>) C2. "'G ~ 'r' 0. C-(.. y'l.\Q.. (5 "" v'lozx.+ Cb Y'-~', ~e..e. ~ ~ ~ ",J Q,:::l- \uJ:~ 1 J ~k 'h"Q..e-~ Sf? .""''t yo.,' \ J-e..J. NtGo'ldo1 !;; ho.J IL fY1-6 KMofJ 'vJ,\\ 1o-..J ~t~~~e 'E".Y'-\d. \ 1Me... ~+;ilj .t) "^.(,~, \0~oM 007 ~ J\OL, C~W\ ~4,^\<: Y00 ATTACHMENT C Location Map III 5lfb,-[ WD~ 0rJe ~ ('l , , , i, . . . . , I . , . I , , I I I I I I , , I . , , , I , , , , , , , I , , , ,-- - - ,- - - -,- - - -;- - - ~ - - - , - -l. J - _ r _ _ , /203, I I I f I ~ I ,1205' , , I , , : ' , . 1207' ", " , ,1209; 1211.1213:1215:1217:1219: ;~ TROTWOOO Bl Vo cr ' 122 , -..; ; 1208, 1210 '1212 '121" U I I f I ., C 0767 , o _ _ _ I - - -;~ ~ 765 - - ; c____ iii ---- : - >- 763 : I .. H G F , }......; 761 r--___ - , , ----_1 ('l ('l \Q ('l tlI) ~ 't:l ll) ~ .S Q o u I r I, I' I r I I I \ I I i .\' 758 759 c :----- Q: -----,' 716 - - : 756 U 757 : _ _ _ JC - - - - - g - - - - - ; 71; - -: 754 0 755 : ,- - - - - 3: - - - - - .' -;; - -, 752 == 7.53 ~ _ _ _ _ _ .-____~ --COO; ---__. ~ - - : 750 en m .. . - - - -' ,----- I , I , ,----- , 748 749 ,747 " 746 " , ) , 745 B A -;---Y--T--r---r- . I I I , , , , 1110;' 11 12: 1114: 1116: 1118: 1120: , , COI;i~ued Pg 2629 2 3 5 NOTES: Fire Department Address Map PRINTED: REVISED: Nov. 2000 1: 2 : City of Winter Springs,' FL o 200 400 ~;. I , Scale: I"a 350 feet 3 : ~:Pe 2621 o...:lopcd Br8fGlKEERlIIG It LAIO SJ'STEJIS Inc.