HomeMy WebLinkAbout2003 01 21 Regular R Specimen Tree Removal
COMMISSION AGENDA
ITEM R
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
Jan~'2003
Me ting
~
Mgr. ~ / ) Deot.
Authorization
REQUEST:
The Community Development Department Arborist recommends the City Commission consider
the request of Mr. Rick Kettler to remove 1 specimen long leaf pine, approximately 21 inches in
diameter.
PURPOSE:
The purpose of this agenda item is for the City Commission to consider Mr. Kettler's request to
remove a specimen (21 inch diameter) long leaf pine tree at 722 Glen Eagle Drive, as required
by Section 5-8 of the City Code of Ordinances. The specimen tree is located in the side yard
about twenty feet from the house. The applicant states that he wants to remove the tree because
the owner wants to keep pine sap off his vehicle 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On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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.
January 13, 2003
REGULAR AGENDA ITEM R
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 October 31,2002 the City issued a permit at this location for the
removal of one dead turkey oak and one live healthy 17 inch long leaf pine 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 recormnended 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 dripping pine sap on the automobile.
b) Leaves from the tree make a mess in the yard.
'Falling Pine Sap
Based upon Staff review it appears that preservation of the tree will still
allow parking with a car cover or in the garage.
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 by normal maintenance
practices without necessitating any damage to 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.
January 13, 2003
REGULAR AGENDA ITEM R
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 21 inch diameter specimen long leaf pine tree from
722 Glen Eagle Drive.
ATTACHMENTS:
A. Ordinance 2002-08 (pertinent excerpts)
B. Applicant's application
C. Location map
COMMISSION ACTION:
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ATTACHMENT A
Ordinance
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WHEREAS, the City CommIssion of the City of.Winter Springs, rlorida, hereby finds this
ordinance to be in the best interests oftlle public health, safety, and welfare of tile 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 rererence
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.
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Sec. 5-2.
Intent and Purpose.
W Pumose. The purpose of this Chapteris 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 Jive. .
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ill 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 ~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 cutdown. 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 of this ordinance
may be temporarily waived by the City Commission by resolution.
City or Winter Springs
Ordinance No. 2002-08
Page 2 or 19
..
U!!l Preferred Plant List. Preferred Plant List shall mean the list of plant materials and
corresponding Tree Replacement Credit shown in Appendix "e". which may be
amended from time to time by the City Manager in writin~
(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.
{Ql Protected Area. An area surrounding a protected. Historic. or Specimen Tree within
which physical intrusion is prohibited 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.
(Q} 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.
{ill Replacement Trees. Replacement Trees shall at a mtOlmum comply with the
provisions of Subsection 5-9.
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Secondary Tree Protection Zone. This shall mean all areas not included in the
Primary Tree Protection Zone. Subdivision street rights-of-way and easements are
also defined as being within the Secondary Tree Protection Zone.
se-~ 5'~ 3
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'Specimen Tree. A Tree, other than an undesirable tree. dead tree. or diseased tree.
that is twenty (20) inches or more in diameter.
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Stem. The main trunk of a plant: its primary axis that develops buds and shoots
instead of roots.
\
ful 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 normally grow to an
overall Crown height of a minimum of fifteen (15) feet.
City of Winter SprinGS
Ordinance No. 2002-08
PaGe 4 of 19
~ Tree Protection Zone. Shall mean that area located around the perimeter of the Tree
in which no activity such as clearing. filling, excavating, storage of materials. parking
of vehicles, or any other activitv-that in the opinion of the Forester may damage the
Tree may occur. This zone is calculated according to Appendix D to this Ordinance.
{y} Tree Removal. Shall mean any act which will cause a ~ree situated on real property
to die within a period of two (2) years from the time of the act including. but not
limited to. by cutting. girdling. relocating. interfering with the water supplv. applYing
chemicals, regrading around the. base of the Tree Trunk. . i
W Tree Replacement Assessment. Tree Replacement Assessment shall mean the total
amount of monetary compensation owed to the City of Winter Springs as provided
in this Chapter for the replacement oft'tees cut. destroyed. or removed as a result of
development or redevelopment.
(aa) Tree Replacement Credit. The Tree Replacement Credit shall be equal to one-
hundred ($100.00) dollars and no cents in Tree replacement value.
(QQ) Tree Trunk. The main Stem of a Tree apart from limbs and roots.
(cc) Undesirable Trees. All types of Trees identified as "undesirable trees" in Appendix
A of this Chapter as amended from time to time by the City Manager in writing.
Sec. 5-4.
Permit Required for Tree Removal and Land Clearing; Separate
Violations; Criteria
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Permit Required. No Person shall engage in Tree Removal or engage in Land
Clearing located Within .the City. Without first obtaining a permit as provided in this
Chapter. 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.
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QU Criteria. Upon receipt of a completed application and verification on-site by the CitJ
Forester. a 'permit may be issued for Tree Removallmder the following conditions:
ill Trees located on building and construction sites as shown on City approved
plans. provided said" Trees are replaced" elsewhere" on the property in
accordance with ~5-9 of this Chapter. .
ill Trees located within ten (IO) feet of a structure or other improvement.
provided said Trees are replaced elsewhere on the property in accordance
with &5-9 of this Chapter.
City of Winter Springs
Ordinance No. 2002-08,..
Page 5 of 19
See 5=-8
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Sec. 5-9,
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Historic Trce dcsignations shall be subiect to approval by resolutio.n
of the City Commission and the City Commission may grant tree
rcplaccment crcdits, upon l2.ranting an Historic.Tree designation.
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 Commission.
Tr"ee Replacement Guidelines.
(ill, Tree Replacement. All Trees that are removed or destroyed and subiect to
replacement by this Chapter shall be replaced by a species of Tree cited in Appendix
B, Desirable Trees or Appendix C. Preferred Plant List or such other Trees properly
approved by the City Forester. Replacement shall occur within ninety (90) da;s of
removal or destruction unless a greater replacement period is provided for good cause
by oermit.
(Ql Criteria for Replacement Trees is as follows:
ill Characteristics of Replacement Trees. The replacement 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 f1) inch DBH total replacement for each one (1 f1) inch
DBH removed. unless (I) the Trees are reolaced ~~th Trees from the
Preferred Plant List: or (2) otherwise agreed upon by the City Conunission
and applicant. Acceptable sQacing and. design 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 healthy. living condition.
Any such Trees which die shall be replaced and maintained by the property
owner. The Citysha11 retain perpetual jurisdiction to ensure compliance with.
this Chapter.
ill Waivers of Replacement Tree(s) Specifications. The number of required
Replacemcnt Trees may bc. waivcd by the City Commission, if the City
City of Winter Springs
Ordinancc No. 2002..QR
Pace II of 19
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Any new single-raniily or duplex dwelling unit on a lot of less than 6.000 square feet
or greater: not fewer than two (2) Trees.
(Ql Any new single-ramilv or dU[2lex dwelling unit on a lot of less than between 6.001 and
10,000 square feet: not fewer than three (3) Trees.
. Cd Any single commercial, industrial, multi-family or other structure requiring site olan
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 During Develooment 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 ofa
developer or applicant to ensure thatany Tree shown on the Tree inventory for which
a Tree Removal permit has not been obtained is to be protected. 0 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.
!9} Protective Barriers Required. Posts shall be used as Protective Barriers 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 cifthe Dripline of the protected tree. unless the
structure has been permitted by the City to be erected within the Oripline 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 attachments or wires other than
those with a protective or non-damaging nature shall be attached to any Tree.
Cily or Winler Sprillgs
Ordinance No. 2002-08
Page 15 or I <J
~(ill
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Sec. 5-17.
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Sec. 5-15.
Volulltarl' Tr'cc Planting.
Sec. 5-16.
Waivers and Appeals.
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 ro 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 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.
Appeals. Any Person adversely affected by an administrative interpretation of this
Chapter may appeal that interpretation to the City Commission b~ filing a written
notice of appeal of said interpretation within thirty (30) days of said inte~retation.
Failure to file an appeal within said time period shall result in the administrative
interpretation to be declared final. '[he 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.
(ill Violations Require Remedial Action. Where violations of this Chapter have occurred,
remedial action shall be taken to restore the property consistent with a restoration
Ian a roved b the Cit Forester. The restoration Ian ma re,uire Tree
replacement at not more than a ratio offour to one (4: 1) and require mitigation of any
other damage to the property, as well as Tree replacements.
(Q) Re lacement Formula. Each Tree destro ed or receivin ma'or dama e durin
construction must be replaced by either a comparable size and desirable type ofTrce
as listed within A[21)cndix 13 or four (4) Rcnlacemcnt Trces before issuance of a
Cily of Willler SprillGS
Ordillilllce No. 200l-0H
I'at:c I (, of I')
ARBOR PERMIT APPLICA nON
PROPERTY PLAT MUST BE ATTACHED INDICATING EXISTING TREES AND
REPLACEMENT TREES
(!")~1 5'3 .
ARBOR PERMIT NUMBER 9--00 ? 0 .3 L 6 (
CONTRACTOR:
HOMEOWNER: R;c\V\t(&. &~o..+I'i'L.\c0 ~ttl zJ'
c;/
LOT: 75 BLOCK SECTION UNIT~SUBDIVISION
SINGLE-FAMILY LOT (f DEVELOPMENT (number of acres)
NUMBER OF TREES TO BE CUT~LAND CLEARING_LAND FILLING_
I certify those trees to be cut fit into one of the 'following categories as checked:
(I) Trees located on building and construction sites, and to
(2) Trees wi . el of pro d or ~slruclures 10 be re lace ...'
I (3) Trees ever.' r injured, o. ead trIJ v e, .
(4) Trees erfere with provision 0 above-g~una uti it1 installations
(5) Trees that have been approved by the City Forester to be replaced elsewhere.
. on the property by tress equivalent to those to be removed
(6) Trees that are exotic, invasive species (EPPC # I) *"LllJE***REFRESHE. D 11/. 81/'2" IUSC~
UISCEJ..LANEOUS CASH ~ff}~l/92 14:2~
I ~ereby a~knowled~e that t~e above in.formation is. c~rrect an~~~~~~,~nfor~~~~"
CIty of ~mter Spnngs zo~mg regula~lOns and bu.ll~mg code~~..!~$elf'an)' put'fc. .
prop.ert~ IS damaged, I will restore It to the ongmal cond.lf~'i~?~L,,~~r~~'~~1b~II;: :iUCHAAD'o
applIcatIon allows the Forester to enter my property for the purp~~ ~rmspectlOn.
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LOCATION:
I
ATTACHMENT B
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
RECeIV~lliTER SPRINGS, FLORIDA 32708-2799
J::Q Telephone (407) 327-1800
.. ~. Fax (407) 327~ ",t ?n-
a:~FT~:':R~~~~'. D/~~ S;-/6.N t1l'l-ttt. firX /'durn 10
POlTllIlting - MiJto. r J
4D 7 - 3?-7 - (; (;, q,)
UST POST PERMIT ON SITE TO BE
VALID
'. 00
PERMIT FEE ?Y-
PHONE:
PHONE:1J 7- q 7)--S 31 '7
,t TJ~'- .3t11D
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i 0-;; ; -5:?3.~..2 1 : 9~?"~"~ r-:; I NG FE.o:..TURES I NTL.
;407 895 7331 # 2/ ~
t-'.~j
I CER TlFY THAT ANY REPLACEMENT PLANTS WILL BE INS! ALLED WITHIN
90 DAYS FROM DATE OF THIS APPLICATION. I WILL BE RESPONSIBLE FOR
ARRANGING REINSPECTION, IF NECESSARY.
APPLICANT~ 1/ ~ _ /' ~ ~
NAME V i?Ci"",:f. f(e?l!if SIGNATURE V I ~
(please print) II'
NOTE: All lots or addresses must be marked so as to be easily identifie9, For
undeveloped lots, the lot tines and construction pad must be clearly. staked. For
landclearing or undeveloped lots) a tree survey of ALL trees over 4" caliper must be
submitted Please indicate the preventative measures that will be used to protect existing
trees during construction. If an appointment needs to be scheduled for inspection due to
limited access, (fence, dogs, etc.), please call 327-1800,ext. #.327.
fJ%/ i!ll!/J r;~
FORESTER
RElNSPECTION REQumED:
YES fR''rJ fJ % qo JAtjS(DATE)
t!) #3/ ::<1b~
DATE
NO
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All trees, whether for replacement or installation) MUST be at least a Florida Grades ~nd
Standards Number L Tree species designated by the Exotic Pest Plant Council as exotic
and invasive may not be used as replacement plantings. All 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.
MAP OF SURVEY
DESCRIPTION
LOT 73, GLEN EAGLE UNIT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40,
PAGES 14 - 17 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
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CERTIFIED TO:
RICHARD W. KETTLER & PATRICIA J. KETTLER
BANK OF AMERICA, N.A.
CENTRAL FLORIDA TITLE COMPANY
OLD REPUBliC NATIONAL
TITLE INSURANCE COMPANY
NR NON RADIAL
LEGENl1.. RAD RADIAL
TYP TYPICAl
PC POINT OF CVRVAllJRE
PT POINT OF TANGENCY
'U;,---j WOOD unuTY POLE: PRC POINT OF REIlERSE CVRVA lURE
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all~ OVERHEAD unuTY UNE PI POINT OF INlERSECnON
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SR 426 !"
o . 200 . 401
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Map
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Fire Department Address Map
PRINTED: REVISED: .
Nov. 2000 1: 2 :
City of Winter-Springs, FL
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