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Home My WebLink About2003 03 24 Regular I Specimen Tree Removal COMMISSION AGENDA ITEM I CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X March 24, 2003 Meeting Mg[. r- fI2. Authorization Dept. REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Mr. Saul Betancourt and Ms, Julie Marrero to remove one (1) 34-inch specimen loblolly pine. PURPOSE: The purpose of this agenda item is for the City Commission (as required by Section 5-8 of the City Code of Ordinances) to consider Mr. Betancourt's and Ms, Marrero's request to remove a specimen (34-inch diameter) loblolly pine tree at 721 South Edgemon Avenue,. The specimen tree is located in the rear yard about six feet from the house. The applicant states that he wants to remove the tree because of the pine needles and pine cones and that the tree may damage the house in a storm. APPLICABLE CODE: On April 8, 2003, Ch. 5 of the Ci~y Code was repealed and replaced with Ordinance 2002-08. Section 5-2. Intent and Purpose. (a) Pumose. 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 conservation, 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 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 March 24, 2003 REGULAR AGENDA ITEM I Page 2 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. Section 5-3. Definitions. (s) Specimen Tree. A Tree, other than an undesirable tree, dead tree, or diseased tree, that is twenty (20) inches or more in diameter. (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 ofa minimum of fifteen (15) feet. Section 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. (a) 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. (b) Criteria. Upon receipt of a completed application and verification on-site by the City forester, a permit may be issued for Tree Removal under the following conditions: (2) Trees located within ten (10) feet of a structure or other improvement, provided said Trees are replace elsewhere on the property in accordance with Sec. 5-9 ofthis Chapter. (3) Trees severely diseased, severely injured or dead. (7) Trees that have been approved by the City Forester and which shall be replaced elsewhere on the property. (c) Review Standards. When making a determination on whether to approve or deny an application under this Chapter, the City Forester shall apply one (1) or more of the following standards of review deemed relevant: (2) Necessity to remove Trees which pose a safety hazard to buildings or other improvements on a lot or parcel of land. (3) Necessity to remove diseased Trees or Trees weakened by age, storm, fire or other injury that pose a safety hazard to people, buildings or other improvements on a lot or parcel of land. (5) Any proposed landscaping including plans where by the applicant has planted or will plant Trees to replace those that are proposed to be cleared. (9) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (10) The species and size ofthe Tree(s) proposed for removal. Section 5-8. Specimen or Historic Trees. (b) Removal, Notwithstanding any other provision of this Chapter, Specimen and Historic Trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approval by the City Commission. 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 tht: City Commission. March 24, 2003 REGULAR AGENDA ITEM I Page 3 2) In this application the applicant states that the owner wants the tree removed for the following reasons: a) Potential for storm damages. b) Leaves and pine cones from the tree make a mess in 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 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. Conclusion Staffs 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 staffs review of the facts related to this application, Staff recommends that the City Commission DENY the request to remove the 34 inch diameter specimen loblolly pine tree from 721 South Edgemon Avenue. ATTACHMENTS: A. Permit Application COMMISSION ACTION: March 24, 2003 REGULAR AGENDA ITEM I Page 4 ATTACHMENT "A" Permit Application ! / f/lo)v, 4.1?t, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327-1800 Fax (407) 327.6695 MUST POS1' PERMIT ON SITE TO BE VALID ARBOR PERMIT APPLICATION PROPERTY PLAT MUST BE ATTACHED INDICATING EXISTING TREES AND REPLACEMENT TREES ARBOR PERMIT NUMBER PERMIT FEE CONTRACTOR:AAA- Trel[ Serv,ce":Inc. . HOMEOWNER: Sctu' Be.-kn(ov(~ + -:k\ie ma r(~ ro LOCATION: '/21 S. r;~~ lYlon Art.. PHONE:'-t01- 3Y1- 521..f2. PHONE: '101- 3"i:i( - 1737 . 3'd-l-~J7-0b00 LOT: BLOCK SECTION UNIT_SUBDIVISION SlNGLE-FAMIL Y LOT ~DEVELOPMENr (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: (1) Trees located on building and construction sites, and to be replaced (2) Trees within ten feet of proposed or existing ~tructures and to be replaced (3) Trees severely diseased or injured, or dead. (4) Trees that will interfere with provision of above-ground utility installations (5) Trees that have been approved,by the City Forester to be replaced elsewhere ~/l-1 tI . on the property by tress eqUivalent to those to be removed () I . (6) Trees that are exotic, invasive species (EPPC #1) . k /,(P14'l ~ '-r-li:ereby acknowledge that the above information is correct and agree to conform to th~ P . City of Winter Springs zoning regulations and 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 purposes of inspection. -" I CERTIFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITIllN 90 DAYS FROM DATE OF TIllS APPLICATION, I WILL BE RESPONSffiLE FOR ARRANGING REINSPECTION, IF NECESSARY. APPLICAlITS ~ + Jd ~ NAME ~U I ncou r SIGNATURE ~f . ... (please print) /" NOTE: All lots or addresses must be marked so as to be easily identified. For undeveloped lots, the lot lines and construction pad must be clearly staked. For landclearlng 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 appointm~nt needs to be scheduled for inspeCtion due to limited' access, (fence, dogs, etc.), please call 327-1800,ext. #327. APPROVED WTIH THE FOLLOWING CONDITIONS: FORESTER lrnINSPECTION REQUIRED: YES (DATE) DATE NO All trees, whether for replacement or installation, MUST be at least a Florida Grades and Standards Nuniber I. 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; f!)3'!t(' 4hi./it fJ /?iJL I I