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Home My WebLink About2005 12 12 Regular 300 COMMISSION AGENDA ITEM 300 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X December 12,2005 Meeting (0/' M r. IDe t. Authorization REQUEST: The Community Development Department, City Arborist, recommends the City Commission consider the request of Mr. Earl Roberts, of 975 Wedgewood Drive, to remove (1) specimen tree located on his residential lot. PURPOSE: The purpose of this agenda item is to request the City Commission consider a removal of (1) specimen (24 inch diameter) Oak tree from the residential lot ofMr. Earl Roberts. CONSIDERATION: The specimen tree is located on the west side of the driveway, approximately 25' from the comer of the house. The applicant states that he wishes to remove the tree in order to create an additional parking space for a caregiver (family member) to park her vehicle while residing at the residence; instead of parking in the neighbor's side yard. Mr. Earl Roberts appeared before the City Commission previously regarding a request to remove the specimen Oak tree on November 1 L 2002 and was rejected for the removal due to the fact that there were no improvements or land changes at that time. APPLICABLE LAW AND PUBLIC POLICY On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. December 12, 2005 REGULAR AGENDA ITEM 300 Page 2 Sec. 5-4. Permit Req "ired 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. 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 earlier this year, the proximity of the tree to the proposed parking area was discussed with Mr. Earl Roberts. Installation of a concrete driveway with engineered drainage would do permanent damage to the tree due to severe cutting of the established root systems. This, in turn, would affect the survivability of the tree, requiring removal under Section 5-8b of the Arbor Ordinance. 3) At the time of the request for this agenda item, Mr. Earl Roberts stated that he will install a concrete driveway and parking area with engineered drainage and will need to remove the tree to complete the project. 4) Mr. Earl Roberts has agreed to do the required (5) tree credit replacement plantings as required by the City Arbor Ordinance; within the (30) day allotted time period. STAFF RECOMMENDATION: Staff recommends that the City Commission approve Mr. Roberts request to remove the (24" in diameter) specimen tree located on his residential property for the purpose of installing a concrete driveway and parking area. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts) B. Location map COMMISSION ACTION: See. 5-2. . Intent and PllrfJo.e. ATTACHMENT A Ordinance . ,'It, _ .' ~, . , . , , (a) ~. Tho PUlposo ofthls Chaptod. to establlshproleodve resu1adOIlS fur Trees wlCbln lho City in order to maintain Il1d protoot'tho City Forest, to hotter control prohlOlllB of flooding, soil oouversatlOIl, alr pollution and nolse,ll1d to make 1110 Cl,ty a hell1lhler, more attraotive and sater plaoe in wbioh to live. (,. (b) Intent, Tho intent ofdUs Chapter is to enoourage tlio protootlon of die l1I8Xjmum number of ... Trees wilhln tho Prlmlllj' Tree Pl'Otootlon Zone and of largo Spoolmon Trees wlfhln lhe Seoondary Tree Protootion Zone. ft'is ftulhor tho intent of this Chapter to enoourago tho . proteotIon of Trees native to Central Florida md to enoourage proper removal of exotio. pest ~.' ". To this end, it shall be unlawful to out down, damage, poison, or in any odier mounor dOB1l:oy or cause to be destroyed any Tree or other vegetation as covered by the provisions of this ord1n4nce Chapter except in accordance With the provisions set forth herein. stC,S~3 , (81)' , Specimen Tree. A Tieo, 01l1er than an undoeirable tree, .JruoturallXunsound tree 111M canltOt' ,... be !'l>Oovered bxpnming. dead tree, or dls. eased tree, that is has a c:Hper oftwenty:,foY[ (26 24) inoh"" or morc in diameter. Speoim6l1 ~ not ino~e iliurel oak ~ ' ' Imnifo(Ia). sand pine (Pinus clausa): or ohen:y 18 .i (J'~ C4 ,finlan<d. ' , (t-y) Stern. The maln trunk of a plan~ il8 primary axis that develops buds and shoots instead of roots. See. 5-4,' PermIt Requited for Tree Removal and Land Clearing; Separate Violation.; . Crfterial Contractor Permit ~~fJuired, (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 " , Cll'Cumstances and hardships and oilly by final . permit approved by the city' commission. ..- (~. No. 200~-08, ~ 2, ~2; 2003-22, ~ 2, · 10-13-03) See. '-t. Tree Replacement GuldeUles. SEeS-lit (b) ., Sec. 5-16. (a) ~ (a) (b) (1) 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. " " Burden of Tree Protection on Property Owner. It .hall be the responsibIlity of Jdovelopor 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" protect~d. The property owner shall guarantee survival Qf retained trees and Replaceme~t Trees for one (1) year from completion ofpennitted 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 apprQved under ~ 5-17 of this Chapter. . Waiversj Incentive PrOUflH!ll and Appeals. Waiver~. The City Col11l11issi on may giant a waiver to provision. of this Chapter where ilie applioant demonstrates iliat the literal interpretation of the ordina.noe CltIlllW will deny ilie applicant reasonable IIse of the property or where 'lIoh waiver can be demonstrated to be oonsistent with the Pllrpose and intent of ilie erdilImwe Cluwter. The preservation of any approved Tree over four (4) inohes in oaliper' may be eonsidered as ilie basis for Ute gnintlng of a waiver from Ute literal applioation of Ute provi,ions of fhe City'. land development regulatioll8. If, in Ute determination Of Ute City COl11l11is'ion, fhe sole basis for Ute 1'e</IIOSt for waiver i. to preserve .1I0h Tree whioh wOllld ofherwise have to be removed, it may direct any required waiver fee to be waived.. D.ecember 12, 2005 REGULAR AGENDA ITEM 300 Page 3 Attachment 'B' SURVEYOR'S ." Thisrs to ud ify that , rflser iblM.t pro~r:tv '!nd th(~ if I.., _. '-.. K.~ t. \ 1 ~ \V ~o.J. ~'?~.., --- 4.,"<; f ~ . " f...~ /i''''' ApprmimatB location of 2 4" !ljll~tlJlliR ~ ~. i / 1807 l..ot94, VIElJGrW:OOD uN'I'YYTvlo; ;ccordint tatlle nJ\~ in Plat 1ook21. Pages 11 and 12 of tb. PlifbUe.R~c~J! F10r I de. ~ f ,..... : -/ \ ("~ .,,-: ''', :) .~ .... u".