HomeMy WebLinkAbout2003 06 23 Regular C Mr. Bill Strudgeon Specimen Tree Removal
COMMISSION AGENDA
!\'ITEM C
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
June 23, 2003
Meeting
Mgrh~Pt
, Authorization
REQUEST:
The Community Development Department Arborist recommends the City Commission consider
the request of Mr. Bill Strudgeon to remove three specimen Pond Pines approximately 22 inches
in diameter each.
PURPOSE:
The purpose of this agenda item is for the City Commission to consider Mr. Strudgeon request to
remove three specimens (22 inch diameter) Pond Pines trees at 1853 Big Buck Circle, as required
by Section 5-8 of the City Code of Ordinances. The specimen trees are located in the back yard
side yard about 20 feet from the house. The applicant states that he wants to remove the trees
because the owner is building a pool. He has stated a willingness to replace the tree.
APPLICABLE LAW AND PUBlLIC 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On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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.
Sec. 5-14. Tree Protection During Development and Construction;
Periodic Inspection.
May 12, 2003
REGULAR AGENDA ITEM A
Page 2
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) In this application the applicant states that the owner wants the trees removed for the
following reasons:
a) The pine trees are in the pool construction area
Location
These trees are in the pool construction area and need to be removed to
install a pool and deck.
Conclusion
Staffs review of this application concludes that the applicant's request is
based upon construction issues and constitutes verification of
extraordinary circumstances and hardship.
STAFF RECOMMENDATION:
Based upon staffs review of the facts related to this application, Staff recommends that the City
Commission approve the request to remove three 22 inch diameter specimens Pond Pine trees at
853 Big Buck Circle.
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 tile citizens of Winter
Springs.
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NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEIlliBY 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 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
See. 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 andPurp-ose..
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Purp9se.. The. purpose of this Ghapter is to establish protective regulations for Trees .
within the eif;}' in order to maint~n and 'prpteyt the City Forest. to better control
p,rOblems pf f\ooding, soi~ conversatioll air pollution and noise"and to ~ake the City
a healtllier, more attracti'V~ and safer olace in which tq live. '
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ill Intent. The intent of this CQapter is"{o encourage the protection of the maximum
nUll1berQf Trees within the ~rimarv Tr~ Protection Zone and~f larg:e Soecimen
Trees within the Secopdarv Tree ~rotectibn Zone. It is fu~erthe 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 vegetat~on as covered by the'
provisions of this ordinance except in accordance with the provisions set forth h;cin.
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 of Winler Springs
Ordinance No. 2002-0R
Page 2 of 19
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(m) Pre erred Plant List. Preferred Plant List shall mean the list of )Iant materials and
corresponding Tree Replacement Credit shown in Appendix "C", which may be
amended from time to time by the City Manager in writing.
(ill Prifizary 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 ProtectedArea. 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 bv the City
and set forth in the Tree Removal permit. in according with Section 5-14.
(Q} Protective Barrier. Shall bea 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 (IS) to twenty-four (24)
.inches. with the top two (2) to four (4) inches marked by flourescent oran;e.paint or
tape.
(g} Replacement Trees. Replacement Trees shall at a minimum 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.
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'Specimen Tree. A Tree. other than an undesirable tree. dead tree. or diseased ttee.
that is twenty (20)'inches Or moreindiaIlJeter.
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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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. (ill Topping. The. severe cutting back orlimbs within the Tree's crown to prevent nonnal
growth to such a degree so as to remove the nonnal canopy and disfigure the Tree. .
!Yl Transplant. The act of relocating an existing Tree upon the same lot.
!Ra 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 (IS) feet.
City of Winter Sprin~s
Ordinance No. 2002..{}8
Page 4 of 19
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Sec. 5-4.
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TreePtotection Zone. Shall mean that area located around the perimeter of the Tree
in which no activity such as ~I,:""ng, filling. exca;-,ting. storage of materials. parkin:
of vehicles. or any other actlVlty-that m theoplOlonofthe Forester may damage the
Treemavoccur. This zone is'calculated according to Appendix D to this Ordinan~
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Tree Replacement Assessment. Tree Replacement Assessment shall mean the total
amount of monetary compensation owed to the City ofWinte~ Springs as provided
in this Chapter for the replacement of ttees cut. destroyed. or removed as a result of
development 'orredeveloprnent. '.
Tree Replacement Credit. The Tree. Replacement 'Credit shall be equal to one-
hundred ($lOO.OO)doUars and no cents in Tree replacement value.
Tree Trunk. The main Stem of a Tree apart from limbs and roots.
Undesirable Trees. AIl 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.
Permit Required for Tree. Removal and Land Clearing; Separate
. Violations; Criteria
Permit Required. No Person shaU 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.d~y a person is engaged in Land Clearing without a oermit. .
Criteria. Upon roeceipt of ~oomp[eted application and verification on:sit. by t1.'~ Ci~
Forester. a penrut may be ISSUed for Tree Removallmder the followmg condItions:
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Trees locatc;d onh~i[ding and construction sites as shown on City a~provc;d
plans. proVIded sald' 'Trees are replaced elsewhere on the pro erty 10
accordance with &5-9 oftrus Chapter. .
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Trees located within ten (10) feet of a structure or other improvemen;
provided said Trees are replaced elsewhere on the property in accordance
with &5-9 of this Chapter.
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City. of Winter Springs .
Ordinance No. 2002-08.
Page 5 of 19 '"
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Sec. 5-9.
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Historic Tree designations shall be subiect to approval by resolutio'n
of the Cit Commission and the Cit Commission ma rant tree
re JlaCClllclll credits u on rantin an Historic'Trce desi nation.
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.
(Q} Criteria for Replacement Trees is as follows:
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The number of r uired
Commission if the Cit
City of Winlcr Springs
Ordinancc No. 2002.{l8
PaGe Il of 19
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Any new single-family or duplex dwelling unit on a lot of less than 6.000 square feet
or greater: not fewer than two (2) Trees.
(Q) Any new single-family or dURlex dwelling unit on a lot ofless than between 6,00 I and
10,000 square feet: not fewer than three (3) Trees.
(9 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 During Development and .construction: Periodic
Inspection.
W 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 Remov:al 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 ()f Forestry. Department of.. Agriculture and
Consumer Services Publication. Tree Protection Manual for Buildings and
Developers.
Burd.en of Tree Prolec.tionon Property Owner. It shall be the responsipilit,y o(a
developer or applicao~ toeosure (hataoy Tr~;*own 90 the T'1'O ioventory:: which
a Tree Removal perout has not been obtWr\~ 1$ to he prpteyted. The ~rope . o~er
shall guarantee survivalofretained trees and Replacement:rrees for one(l) year from
completion ofpennitted construction, unless. a greater' timeperi0~ is I'eauired by
development agreement. If a retained or repla~ment Tree dies during that time
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period. the {>roperty.ownerslJall re.JJlace the 1;:reeiIJ: accordance with a remediaI action
approved under &5.,17 of this Chapter. .
W Protective Barriers Requir.ed. Posts shall be use<! as Protective Barners to the roots
and Trunk of every Tree on the parcel being deyeloped. The'posts~hall beplace.d at
points not c1os.erthan one.,halfradius of the DQ,pIine oftite protected treel unless the
structure has been permitted bv the City to- be erect~ withiQ. the Dripline of a Tree
with a wide canopy. Each section of the barrier shall he clearly visible (flagged with
brightly colored plastic tape or other mark~rs). No attachments or wires oilier than
those with a protective Of non-damaging.nature shall be attached to any Tree.
City of Win(er Springs
Ordinilllce No. 2002-08
Page 15 of 19
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Sec. 5-17.
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Sec. 5-15.
Volulltal)' TI'CC Planting.
Sec. 5-16.
Waivel's and Appeals,
Waivers. The Cit Commission ma rant a waiver to rovisions of this Cha ter
where the a licant demonstrates that the literal inte retadon of the ordinance will
den the a licant reasonable se 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 consider d
as the basis for the rantin of a waiver from the literal a lication of the rovisions
of the eit 's land develo ment re ulations. If in the detennination of the Ci
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 b~
waived.
Remedial Action.
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Re /acement Formula. Each Tree destro ed or receivin ma'or dama e durin.
construction must be replaccd by either a comnarable size and desirablc type ofTre~
as listed within APJ)cndix B or four (4) Rcplacement Trees before issuance of a
Cily of Willler SprinGS
Ordillilllce No. 2002-08
l'aGe 16 of 19
ATTACHMENT B
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327.6695
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MUST POST PERMIT ON SITE TO BE
. VALID
ARBOR PERMIT APPLICATION
PROPERTY PLAT MUST BE AITACHED INDICATING EXISTING TREES AND
. REPLACEMENT TREES
ARi30RPE~NUMBE~~03 [)~ /tl~ PERMIT FEE
CONTRACtOR: 0 Go n -e r --I+nn e 6tr u49 ~f)PHONE:
HOMEOWNER: It nn e. Sf f' ud s -eon PHONE: Lit; 14.- -in 7 fa 9 i)
LOCATION:?S53 13 /~ {ju.~ (' if' I UJ, S, ,-3Aiof ... ....
LOT: 31:,7 BLOCK SECTION. UNIT~SUBDIVISION ak F6res f
SJNGLE-F AMIL Y LOT'f DEVELOPMENT . (number of acres)
NUMBER OF TREES TO BE CUT ::s LAND CLEARiN'G_LAND FILLING
I certify tho~e .treesto be cut fit into one of the following categories as checked:
. "f- (1) Trees located on building and construction sites, and to be replaced
(2) Trees within ten feet of proposed or existing structures and to be replaced
(3) T(ees 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
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,. 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.
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ICERTIFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITIllN
90 DAYS FROM DATE OF TIllS APPLICATION. I WILL BE RESPONSIBLE FOR
ARRANGING REINSPECTION, IF NECESSARY.
~C1f;~e S-tr~e()n SIGNATURE ~Ao. ~/J1/\..
(please print) ,/
NOTE:A11 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 appointment needs to be scheduled for inspeCtion due to
limited access, (fence, dogs, etc.), please call 327-1800,ext. #327.
APPROVED WITH THE FOLLOWING CONDmONS:
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FORESTER
REINSPECTION REQUlRED:
YES . (DATE)
DATE
NO
All tr.ees, 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.
Wint~r Springs is a designated "TREE CITY USA." by the National . Arbor Day
Foundation.
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PLAT OF SURVEY
DESCRIPTION: (AS FUI~NISHED)
LOT 367, OAI( FOREST UNIT THREE, ACCORDING TO THE PLAT THEREOF,
AS I~ECORDED IN PLAT BOOK 27, PAGES 92-93, OF THE. PUBLIC RECORDS OF SEMINOLE COUNTY, FLOmOA
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LEGEND:
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AND CAP L06 6393 (WllNEBS)
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AND CAr> LB, 839.1
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NOTES:
Fire Department Address Map
PRINTED: REVISED:
Jurie 2000 1: 2 :
City of Winter Spr~ngs,FL .
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o.YOloped BY:ENGINEERlNG , I,AIl) SrSTEJ/S ItIC.