HomeMy WebLinkAbout2003 05 12 Regular A Mr. Gerken Specimen Tree Removal
COMMISSION AGENDA
ITEM A
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
May 12, 2003
Meeting
Mgr.VJ~Pt.
Authorization
REQUEST:
The Community Development Department Arborist recommends the City Commission consider
the request of Mr, Michael Gerken to remove 1 specimen pond pine, approximately 26 inches in
diameter.
PURPOSE:
The purpose of this agenda item is for the City Commission to consider Mr. Gerken's request to
remove a specimen (26 inch diameter) pond pine tree at 1114 Shadowbrook Trail, 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 does not like it 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On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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.
May 12, 2003
REGULAR AGENDA ITEM A
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 months ago the owner at this location requested the removal of
two trees from the site, The tree in question under the current application is the 26
inch pond pine, Removal of the tree 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 owner does not want a pine tree in his back yard.
b) Pine needles from the tree make a mess in the yard.
Sodding The Yard Based upon Staff review it does not appear that preservation of the tree
will prevent normal use of the property.
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.
May 12, 2003
REGULAR AGENDA ITEM A
Page 3
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 26 inch diameter specimen pond pine tree from
1114 Shadowbrook Trail.
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, Florida, hereby finds this
ordinance to be in the best interests of the 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 5is attached hereto as Exhibit "A" for reference
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.
DU Purpose. The purpose of this Chapteris to establish protectiveregulations 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 o lace in which to live. '
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ill Intent. The intent of this Chapter is~o encourage the protection ofthe maximum
number of Trees within the Primary Tree Protection Zone and of large Soecimen
Trees within the Secofldarv Tree ~rotecti()n Zone. It is furtherthe 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 anvother 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 orovisions 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 oftrus ordinance
may be temporarily waived by the City Commission by resolution,
City or Winter SprinGS
Ordinance No. 2002-08
Page 2 or [9
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(m.} Preferred Plant List. Preferred Plant List shall mean the list of plant materials and
corresponding Tree Renlacement Credit shown in Appendix "en, which may be
amended from time to time by the City Manager in writing.
(ill Prifnary 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} 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 bf 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.
(g} Replacement Trees. Replacement Trees shall at a minimum comply with the
provisions of Subsection 5-9.
(d
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.
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-Specimen Tree. A Tree. other than an undesirable tree. dead tree. or diseased tree.
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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.
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. M Topping. The severe cutting backoflimbs 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.
M Tree. Self-supporting wood. perennial olants of species which have a trunk with a
diameter of at least four (4) inches measured at Caliper and nonnally grow to an
overall Crown height of a minimum of fifteen (IS) feet.
City of Winter SprinGS
Ordinance N6. 2002-08
Page 4 of 19
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W tree.Protection Zone, Shall mean that area located around the perimeter of the Tree
in w:hich no activity such as clearing, filling, excavating, storage of materials, parking
of vehicles, or any other activity-that in the opinion of the Forester may damage the
Treemavoccur. This zone is calculated according to Appendix 0 to this Ordinance.
(y} Tree Removal. Shall mean any act which will cause a Tree situated on real property
to die within a, period. of two (2) years from the time of the act including. but not
limited to, bv cutting, girdling, relocating, interfering with the water supply, applying
chemicals, regrading around the. base of the Tree Trunk. ' ;
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 ofttees cut. destroyed. or removed as a result of
development or redevelooment. .
(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 aoart 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
ill}
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 tlerson is engaged in Land Clearing without a permit.
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!Q}. Criteria. Upon receipt of a 'Completed application and verification on-site by the Ci1;y
Forester. a'permit may be issued for Tree Removal tmder 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 (10) 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 ,f- 8
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Sec. 5-9.
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Historic Tree designations shall be subiect to approval by resolution
of thc Cit I Commission and the Cit Commission ma rant tree
replaccment credits. upon granting an Historic-Trce 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,
Tree 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 o[such other Trees pro~erl~
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 pennit.
(Q} 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,
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Size 0 Be lacement rees. e lacement Tree s are to be made a ~rdin
to a standard of one (I ") inch DBH total replacement for each one (I II) inch
DBR removed. unless (I) the Trees are replaced with Trees from the
Preferred Plant List: or (2) otherwise agreed upon bv the City Commission
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and applicant. Acceptable sQacing and. desi~ 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
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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 City shall retain perpetual iurisdiction to ensure compliance with.
this Chapter.
ill ' Waivers 0 Re lacement Tree s S. eci reations. The number of r uired
Replacement Trees may be waived bv the City Commission, if the City
Cily of Winler Springs
! Ordinancc No. 2002-08
P<lGc II or I <J
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Any new single-family or duplex dwelling unit on a lot ofless than 6.000 square feet
or greater: not fewer than two (2) Trees,
Any new single-familv or dup-Iex dwelling unit on a lot ofless than between 6,00 I and
10,000 square feet: not fewer than three (3) Trees,
. W 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 Durinl! 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 pennanently 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 to ensure thatany Tree shown on the Tree inventory for which
aTree 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 r~uired by
developmentagreelllcnt. If a retained or replacement Tree dies during that time
period. thepropertyownershaU .replace the Tree in accordance with a remedial action
approved under &' 5., 17 of this Chapter.
W Protective Barriers Required. Posts shall be used as Protective Barriers to the roots
and Trunk of every Tree on the parcel being developed. The'postsshall bepiaced at
points not c1os,erthan one~halfradius of the Driplineofthe protected tree~ unless the
structure has been pennitted by the City to be erected within the Dooline 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 aprotective or non-damaging nature shall be attached to any Tree.
City or Winter Springs
Ordinance No. 2002-08
Page 15 or I')
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Sec. 5-17.
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Sec. 5-15.
Voluntal)' TI'cc Planting.
Sec. 5-16.
WaiveI"s and Appeals.
Waivers, The City Commission may grant a waiver to provisions of this Chapter
where the applicant demonstrates that the literal interpretatton 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 Rurpose 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 (0) 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 thi t 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.l 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 of Tree
as listed within ApJ}cndix 13 or four (4) Rcnlacement Trees before issuance of a
Cily or Willlcr Sprill[;s
Ordinance No. 2007.-0R
l'aL.;c I (, or 1<)
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
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Code Enforcement
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
. Fax (407) 327-6695 '_
MUST POST PERMIT ON SITE TO BE
VALID
ARBOR PERMIT APPLICATION
PROPERTY PLAT MUST BE ATTACHED INDICATING EXISTING TREES AND
REPLACEMENT TREES
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ARBOR PERMIT NUMBER
PERMIT FEE
CONTRACTOR:
HOMEOWNER: fY\\"c.hae\ ~~rKen
LOCATION: II J4 ,S hado~broo l +RD.,,"
PHONE:
PHONE: ~o]- 353-010/7
.r w' Ad u"ir ho (f OLIJ )
LOT: BLOCK SECTION UNIT SUBDIVISION
SINGLE-FAMILY LOT X. 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 be r
(2) Trees within ten feet of proposed or existing struct and to be replac <:J c~,~ _ 1;1
(3) Trees severely diseased or injured, or dead 0 I' v ~,
(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
on the property by tress equivalent to those to be removed
(6) Trees that are exotic, invasive species (EPPC # 1)
I hereby acknowledge that the above information is correct and agree to conform to the
City of Winter Springs zoning regulations and building codes, I agree if any public
property is damaged, 1 will. restore it to the original condition, I agree th~t this
application allows the Forester to enter my property for the purposes of inspection. 1~~\ q ~~ t
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I CERTIFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITHIN
90 DAYS FROM DATE OF THIS APPLICATION. I WILL BE RESPONSIBLE FOR
ARRANGING REINSPECTION, IF NECESSARY.
APPLI~TS
NAME \CMf( (Terk'e"
(please print)
SIGNAT~ ~
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
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.
APPROVED WITH THE FOLLOWING CONDITIONS:
FORESTER
REINSPECTION REQUffiED:
YES (DATE)
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c:? iI ~ L( d-t2Jl)~
DATE
NO
All trees, whether for replacement or installation, MuST be at least 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. 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.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
Code Enforcement
REINSPECTION FEE
ARBOR PEMIT NUMBER
NAME:
PROJEeT ADDRESS:
FEE PAID
DATE
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1 2 3 4 5 6 7
NOTES:
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Fire 'Department Address .Map
PRINTED: REVISED:
Nov. 2000 1:' . 2 :
City of Winter Springs, FL .
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
MEMORANDUM
TO:
Mayor and Commission
Ronald W. McLemore, City Manager /l-
FROM:
DATE:
May 12, 2003
SUBJ:
Tuskawilla Business Park
At the last Commission Meeting the Commission tabled Regular Agenda Item H regarding a
development agreement amendment related to signage in order to get an update on the status of
the project. Relatedly, staff met with the Developer and the owners of the Tuskawilla Office
Park to review the status of the project for two reasons.
I. To assess complaints from residents of Oak Forest, and
2. To determine if building permits can be issued for building six. The owner of building six is
moving his business to the site and has terminated leases at his other sites. Therefore, he
needs construction to get under way as soon as possible.
Section 5.B of the Development Agreement provides that building permits can be issued for
building four simultaneous with construction of the buffer wall and that additional building
permits may be issued after completion of the wall and additional tree. plantings provided in
. Section 5.G,
Based upon our review. as provided in the attached analysis, staff believes the developer is
satisfactorily meeting all requirements of the development agreement and as such that no
conditions exist to prevent the issuance of additional building permits
The developer is further along in the installation of site improvements than we have historically
experienced in other projects.
In regards to the amendment for the signage, staff believes it would be highly improper for the
Commission to withhold a decision on the amendment based upon completion of punch list
items.
Attachment:
A) Site Construction Analysis.
Page 1 00
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Request:
Answer:
Request:
Answer:
. Request:
Answer:
Request:
Answer:
Request:
Answer:
Request:
Answer:
Request:
Answer:
Request:
Answer:
Request:
Answer:
Request:
Answer:
Request:
Answer:
CONSTRUCTION ANALYSIS
Wall extension length, Cheoy Lee Circle.
The Developer has completed the wall as required in the Development Agreement.
Extend wall to balance of Winkler property..
Wall extension completed on Winkler property.
Complete build-up of wall to six-feet on all sides.
Work has been completed to six-feet on both sides.
Complete wall base satisfactorily.
There are a few clean-up items to be resolved prior to acceptance of site improvements.
Complete erosion solution at the end of the wall.
Completion of the wall extension on the Winkler Property should resolve this problem.
Will continue to evaluate.
Complete light and sound barrier.
Lighting is being designed by Florida Power. The plan will be provided to Commission
for approval. There will be no sound barrier other than the wall. The lighting will meet
city code.
Remove trees on homeowner property killed or damaged by construction including
stumps.
All trees identified by Arborist as killed or damaged by construction have been removed.
Some stumps need to be removed or ground to ground level.
Move dumpsters to other side of site.
Plans have been revised accordingly.
Lower handicap signage that currently exists above seven feet to not more than seven feet.
The height of handicap signs is per Florida Statutes. Developer will spray back of signs
with black paint to minimize reflection.
Review ponding behind homes the distance of the wall.
Staff believes the ponding experienced several months ago is attributed to historically high
groundwater levels during 2002. Ponding has not been experienced in recent months. We
will continue to monitor the situation.
Abandon existing utility easements to homeowners.
This has nothing to do with construction of Tuskawilla Office Park. If the homeowners
desire their easements to be abandoned they should apply under Section 17.27 of the City
Code.
Page 2 of3
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Request:
Answer:
Request:
Answer:
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Request:
Answer:
Complete tree planting.
Under the Development Agreement the Developer is required to plant trees according to
the approved Landscape Plan and Development Agreement. The Developer acknowledges
this obligation and will comply.
Some homeowners are not apparently happy with the placement of trees as directed by the
City every 45-feet. This is not the Developer's problem. If the homeowners want the trees
removed they need to move them at their expense. This will release the Developer from
tree buffer requirements providing for trees every 45 feet as provided in the Development
Agreement.
The wall should be much higher.
The Developer is requited to build the wall six-feet high. The wall has been completed at a
minimum six-foot in height on both sides.
Don't allow tWo-story buildings ~n the interior of the development.
Section 5.A provides that the Developer may construct two-story buildings in the interior
of the development.
Install landscaping above that provided in the Landscape Plan due to the property being
raised.
The property has been raised only to the height provided for in the approved plans.
Landscaping beyond that provided for in the development agreement is the responsibility
of the homeowners. The city arborist will be available to residents to provide additional
tree planting from the tree bank if they desire additional buffering.
Hole in the wall behind 634 Cheoy Lee Circle.
A lintel over a tree root was constructed to help protect a tree. The tree died. The root
space was filled with earth and sodded. No other measurers are required to maintain the
integrity of the foundation.
Tuskawilla Office Park Amendment on Signage
Page 3 of3