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Home My WebLink About2003 07 28 Regular I Live Oak Tree Removal COMMISSION AGENDA ITEM I CONSENT INFORMA TIONAL PUBLIC HEARING REGULAR X July 28, 2003 Meeting Mgr.;L-; <I Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Mrs. Diane Solano to appeal the decision of the City Forester for the removal of one sand live oak tree in her front yard. PURPOSE: The purpose of this agenda item is for the City Commission to consider Mrs. Solano's request to remove a 16-inch diameter sand live oak tree at 698 Barrington Circle, as required by Section 5-4 of the City Code of Ordinances. The tree is located in the front yard about twelve feet from the garage. The applicant states that she wants to remove the tree because she does not like it and the oak leaves make a mess. She 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 APPLICABLE LAW AND PUBLIC POLICY: On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed as attachments).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. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. Sec. 5-16. Waivers & Appeals. CONSIDERA TIONS: July 28, 2003 REGULAR AGENDA ITEM I Page 2 FINDINGS: Under Section 5-4, an arbor permit is required for tree removals. The permit number 200301484 was issued on April 29, 2003 by City Forester Michael Mingea to the Solano family at 698 Barrington Circle (Georgetown Subdivision) for the removal of nine trees. One tree was severely diseased and the other eight were within the criteria and review standards of Section 5-4. An additional sixteen inch diameter sand live oak in the front yard was denied removal since it did not in the analysis of the city forester meet the criteria and review standards of Section 5-4. RECOMMENDATIONS: At this time, Staff has not received any additional infom1ation that would suggest a basis for. changing Staffs original recommendation to deny removal of the tree in question. Therefore, Staffrespectfully requests that the Commission uphold Staffs recommendation to deny removal of the tree. ATTACHMENTS: A. Ordinance 2002-08 (pertinent excerpts) B. Applicant's application C. Memo for appeal COMMISSION ACTION: ~ . ~ ATTACHMENT A Ordinance ;. .'~. <4,' . ,.r, . ~.;. "! WHEREAS, the City Commission of the City of.Winter Sp.rings, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. ) --) See. 5-2..- Intent and ,Purpose. uu ill ? se.~ '5' r 3 W ~ ~ uu ~"-- /Y P'Ur/)flfl.. The. purpose oftQis Gh;1Pt.~f ~st.c;> est~.bH~h p(O~ec~: re;u~tions fOT T:;: . . mtbin ille Cil;y in gtdor to !1l!!iAWn IUld PrQtect tlte city F res t better co . . ~ . p;rQ.bl~~. pf fl:09ding. $oi( <x,>nveroatipn. .air poUu.tioq and noise..,JUld t~ ~~~ th~~C' a healthier. more attlfl.ctiv~. and safer p'ij.~ to wlUc9: tq live~ (ttf#nt Tbo int(fllt ?f.~. Cba~ter i,~ .qcoulJlg~ tl)~Prlit<lXli.n .~ n;::m 01pt1b.~r pf Tr~ wtthin the.~n~ary Trqe Protectiqq Zon~ 8q.d .of.l_~ S__ ~l! Trees ~thin. tp.e. S~cO{ldary tree ~rQtectiori Zolle. It is furtj1er.the irttent of (hjs ~ . Cftapte( to ~co~rage the protection of~ees native, to Central Florid~' . Sp~cimen Tre~. A T.ree..other than an undesirable ~. dead tree~ or diseased trey. that is~enty [20) 'inches. ortnore.indJ;et~. .. ~ . . See. 5-4. . Fermit Required for Tree Removal and Land Clearing: Separat~ -Violatio:ns~. Criteria .. . . ...f-t /ie'f!!I!:.ed... ~o Per,on '1m!' engaRe-in .T~~ Removal. or en~ in ~d Clearln~ located WIthin.the City. 'Ylthout first obtaimng a pemut as pro ded this Chapter. It shalt be a s.eparate violation of'this Chapter for each Tree removed and each.day. a person is engaged in Land Clearing. without a permit {Q} ?-7 See., 5-16. . Waivers and Appeals. ~ Dll Waivers. The City Commission may grant a waiver to p~ovi'sions of this Chapter ,"'" , where the a i nt demonstrates that the literal inte retation of the ordinance will --~..------_._...__den~'-the-ap-plicao,t;:-,f~,Q!:la~e~use-of-the~pmperty ~r wnere'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 nsi efi as the basis ror the RrantinR of a waiver from Ihe hteral application oflhe Rrovisio: of the City's land development regulations. If. in the determination of the CL Commission. the sole basis for the request for waiver is to preserve such Tree whi~ would otherwise have to be removed. it may direct .any required waiver fee to be waived. . '-~) f5-3 WINTER SPRXNGS CObE ..' /"."..-. physical. intrusion is prohibited in order to pre- vent damage to the tree, roots and soil around the tree base, the dimensions of which shall be estab- lished by the city and set forth in the tree removal permit, in according with section 5-14. Protective barrier shall bea circle of o~e-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 minimum comply with the provisions of section 5-9~: Secondary tree protection zone. This shall mean all areas not included in theprimarytree.protec- tion zone. Subdivision street rights-of-way and easements are also defined .asbeing Within the secondary tree protection zone. . Specimen tree. A tree, oth able tree, dead ...tree, . or di twenty (20) inches or more fu di Stem. The main trunk of a plant; its aXis that de\Telops buds and shoots instea roots. . 7bpping~ The Se\Tere cutting back of limbs within the tree's. crown to prevent normal growth to such a degree so as to remove the normal canopy and disfigtp'e the tree. .. Transpli:mt. The.. aei of relocatilig an existing tree upon the same lot~ . Tree. Self-supporting woad, 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.over8n crown height of a minimum of fifteen (15) feet. Tree protection ZOrn? shall mean .that area lo- cated around the perimeter of the tree ill which no activity such as clearing, filling, excavating,stor- . age of materials, parking ofvehicles;.or any other activity that in the opinion of the forester may damage the tree may occur. This zone is calcu- lated according to Appendix. D' to this chapter. Supp. No.8 tree removal shall mean 8fiY 'ilbt which Will cause a tree sit.uated on teal property to die within Ii period of two (2) years from the time ,of the act induding,but not litnited to, bycuttiIlg; girdling, relocating, in~rtefuig With. the water supply, applying chemicals, regatding.at"ound the base of the tree trunk. 7ree replacenWrtt assessment. Tree replacemefit assessment shall mean thetotm atnount:of mon- etary compensatiOll owed tb 'the CIty 6t Wi1).t~r Springs as provided in this chapter for the replace-' m(!nt of trees ~ut, destroyed, ot rSmoved as Ii result of development or redevelopment. tree replacement credit. The tree replacement credit. shall be equal to olle-.hundred ($100.00) dollars and no cents in tree replacement value.. 7ree trunk. The niain stant of fFtreeapart from: liIilbs and roots. . . Utulesi.table trees. All types of trees. idefitifie"d as .iundesirable trees" in Append& A of this Cha~ ter asamended.froIll time to time by the city martager. in writing. . . . . (Ord. No.. 2002-08, ~ 2, 4..8-02) '\ Sec. 5-4. Permit reqaired ((1r.' tree relDovai and land clearing; separate viola- tio:ns; critena. ) (a) Perin# requited: Np person sb:a1lengage in tree removal- or' engage in .land clearing lOcated within the city, without first o~tainin:g a permit as provided in this, chapter. It shall be Ef separate violation. bf .tliis. chapter fot eachttee removed .and each day' a person iseilgagedin land clearllig without a permit. (b) Criteria. UpOn receipt ola completed appll- ca:tion and verification on-site. by the city forester, a permit. may be issued for tree removal under the followmg conditions: (If Trees located on building and construc- tion sites as shown on city approved plans, pl'ovided . said trees are replaced else- where on the property in accordance with s~ctioIi 5~9 of this chapter. (2) Trees located within ten (10) feet of a structure~r other improvement, provided. ) 312' / // ,// TREE PROTECTION AND PRESERVATION t5-4 /~' / ) Y' I "'~ . " said trees are replaced elsewhere on the property in accordance with section 6-9 of this chapter. (3) Trees severely diseased, severely injured or dead. (4) Trees that 4lterfere with the construction or !epair of public utilities. (6)tJndesirable trees, per Appendix A. (6) Trees removed by the city or other govern- mental agency and which are located within a public road, drainagerights-of- way, or permanent utilities and drainage easements. other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or .erosion~ . ' .. (6) Any proposed landscap~ including plans whereby the applicant has planted or will plant .treesto replace those that are pro- posed to be cleared. . (6) 'Ibpography of the land and the effect of tree removal on erosion, soil .retention and the division or increased flow of sur- face water. (7) Good forestry practices, such as the num- ber of healthy trees that a given parcel of land will reasonably support. and the proven techniques that sustain healthy trees. . . (8) Necessity to remove .trees in .order to . construct approved and permitted improve- y.", meQ.ts to allow economic enjoyment of the . property, including: a. N ead for access arouild the proposed structure for construction equip- ment (maximum of ten (10) feet). b. . Need for access to the building site for construction equipment. c. Essential grade changes. d. Need for locating street or road rights- of-way, utilities,. drainage ways, as well as the need to provide reason- able use anq. property access. (7) Trees that have been approved by the city forester. anli which shall be replaced else- where. on the. property. (8) All trees and plants, within a licensed tree nursery,planted for harvest shall be exempt from the terms and provisions of this chapter only if trees are planted and growirig on the premises of the licensee and are for sale or intended for sale in its ordinary COlrrSl:l of business. (c) Review standards. When making a deter- m.iD.ation oil whether to approve or deny an appli-, . cation under this chapter, the citY-forester shall ~. apply one (1) or more of the following standards of ;. .' review dee~ed relevant: . (1) Necessity to remove trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to ,public services and. public easements .. through encroachment.. (2) Necessity to remove trees which pose a safety hazard to buildings and other im- provements 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 lot or parcel of land. ' (4) The extent to which tre.e removal is likely to result in dainage to the property of ( ) ...... Supp. No.3 ~ ..... :. ... ... ",,' . :',., . . ,. '~^ A P r: 11. 2003. I 2 : 1 9 Pll i u. -- -- -- -- No.2056 P" .1.a1 , .t"i CQde &afOroement CITY .. IN* SPRINGS. FLOJdbA 1 $T STATE ROAD.434 . WINTER . 00, FLORIDA 8T08-211J9 , r.1o ~....$21... "'If)) _ J) Fax '.~ ft1VJ. (I/O/}:. l' f I ~t S i~~ ~a, '. t .~LLftJ b~m f. . MU:U'poST ~iRMIT ~ SI'(t TO IE . VALl!!. . ARBOR. PBRMlTtWPlJCATloti'. PROPERTY PLAT MUST BE ATI'A(;HED tfmlCATJNG EXISTING:rREBS AND 3--'.(3" t/ REPLACEMENt TREES ARBg'RP~NUMlIER doc> 30 ItfC6if ' PERMrrFBli 95C/d ....... CONTRAc<<m: "3"~ ~ . PHONE: . ~1~<t3;>' - HOI4l'OWJQ: fJ~~. ~'8 ~PHONE:~;:~~:~~i..~ ....- LOCATION: t218BfJ-r("'~N .'?'J<. 82.3' 76;2(; L<m~ ,,-BLOCK SECTlON--""'-.UNIT_SUBDlVlsION ~ SINGLE.:.-FAMlLt LOT .DBvtIA1PMENT .mber "acres) '." NUMBER OF TREES TO BE CUT~ CLEARING_LAND f1LLING~ (~riliy thvse trees to ~ cut fit f! tIe of the foUowJng catCgorles sa ~heCk~: (llJrees located on building. and construction sites, and to be.replaced (2) Tnes wkhin ten feet of proposed or existing structures and to be reptaced j/7 I ",.d/' , , (3) T~erely d!seased).lr injured, or dead .. J L-{ lLj U-rll ~tJJ7"11 ?) (4) Tre'es-thatwlll interfere with provision ofabovo-ground utihty instal1itions I ~ X (5) Trees that have'been weaved by the City ForestertQ be replaced elsewhere on the property by tress equivalont to t&~ to be removed ~ 84/28/83** I1ISC - :"(6) Trees that are exotic. invasive species (EPPC # 1) **~CIV~, EF~~~E,D fi. CEIPTS .0::6 .. " . SSW i\ 84/29/03 15.01 . . . D / lie : $95 88 I ?ereby ackn~e. that t~e above i~onnation i~ C<?rrect and a~>tO~rm to U~4~J78 CIty of~nter.Spnngs ~~ regu1a~lons and bu!1~ng cod~'. I _4'd*9a~Wa5cano property as damaged, I Will restore it to *. .. ... ongJnalconditlon. c1tlwvee that 'd,riiUlANO, DIANA application aUows the Foremer to enter my pr~y for the purposes Ji'1lnspection COtf\"'~,d-.s: :r -t . CI4 II b.~ tJ IJ ,+ r t'l-~J-{ ~ b,- . hlloW.. .:fnee.Q~. ~. . I CBllTIFY THAT ANY mLACEMBNrPLANTS WILL BB lNSTALlBn WITHIN 90 DAYS FROM DATE OF THIS APPLICATION. I WILL BE RESPONSIBLB FOR ARRANGING RBlNSPBCTION, If NBCBSSARY. ~( =:2!<Al1e .s~I","Q SIGNATURE vtL- ~U Ut( e plint) (b r NOTE:All lots or addresses nmst be marked so as to be easily identified. t.lf rt,,,)~~undewloped lots. the lot lines and ooostrudion pad must be .ly staked For ~ r 'Iandd~ or uadevelopecllots, a tree survey of ALL trees over 4" caliper must be . submitted. Please indicate the preventative measures that will be used . protect exiating ~ trees ciurlEI construction. If an appointment needs to be scheduled for inspeCtion due to · ~" Umitecl...... (fence, dog>, de.), p1_ oaII327-11100,exL 11.I27. P ~ J .; j~ fJtwr..... ..i-k rf:feJ2(t r,l,(~ ~Q9 ~()3 DATE s~ ./[Dll S,~D'RA< -(1< SJ.b I.,,~l 5L l\ . 4 SJ-i( c-::-- V . q ,-UJ('l) ~{jl\ 5, L. 0, ~ L( ~ J, I --(,,1 ~J ...... ~.... L-~ 'C-IJ...&,w ~"' )~ {li!/I/'7Ii 4J!(~ FOiB'S . " . RmNSPB~~ YES '" ~ (DATE) NO All trees, whether for ~cement or installation. MUST be at least a 'Florida Grades and standards Nuniber.l~ tree spedes designated by the Exotic Pest.PIant Council as exOtic and invasive may not be used as replacement plantings. All planted trees MUST survive for at least 000 iiill year or be replanted. _.~ . verify 1II"~ ~. Wmter~prltigs is '8 designated ~ CITY USA" by the National AIbor Day AlrJ.~6YPoundatiOD., . . I~ t/ )rt,O ~ 'f~ '\ (~ . , .-.a2 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-0018 Community Development Jerome Hennigan Attorney at Law Date; May 23, 2003 RE : Arbor Permit -698 Barrington .Dear Mr. Hennigan, Your recent inquiry for information has been delivered to the city clerk's office. Please be advised that I denied a tree removal permit application for the tenth tree in question because the property owner failed to demonstrate a need tp remove the tree in accordance with the review criteria set forth in Section 5-4 of ~ the Winter Springs. Code. A copy of that section is attached. Please be advised that your client has a right to appeal my decision to the city commission, pursuant to Section 5-16 of the Winter Springs Code, by filing a notice of appeal within thirty (30) days of the date of this notice. The notice of appeal must be delivered to the City Manager, Ron McLemore by that date. Also please be advised that should you have any questions or comments that they should be directed to city attorney Anthony Gargan~se ( with Brown,Ward,Salzman,& Weiss) whose phone number is 407-425-9566. Environmentally yours, ~ Michael Mingea City forester Sent By: BROWN,SALZMAN,WEISS&GARGANESEj 407 425 9596j Jul-24-03 12:06PMj Page 2/2 JEROME HENNIGAN ATTORNEY & COUNSELORATLAW 2220 Hillcrest Street Orlando. Florido 32803 Telephone (407) 896-3889 Facsimile (407) llc)6-9935 July 2:1, 200.1 Anthony Garganese Brown, Ward, Salzman {Jc, Weiss P.A. Post Ontce Box 2873 Orlando, Florida '32802-2873 Re: Appeal to City Commission Winter Springs Homeowner Arbor Permit Denial 698 Barrington, Winter Springs, Florida Your File No.: 1193 Dear Mr. Garganesc: I am in receipt of your letter advising that the City Commission will hear this appeal on July 28, 2003 or on alternative dates in Augusl. I have spuken further with my clients abuullhis matter. Pursuant to their request please accept this letter as fannal notification that my clients voluntarily dismiss their appeal to the City Commission. Plea.'le infonn the City Manager of this development. J H/lb