HomeMy WebLinkAbout2004 04 26 Regular 500
COMMISSION AGENDA
ITEM 500
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
April 26, 2004
Meeting
Mgr. {l/; /~ept.
Authorization
l---
REQUEST:
The Community Development Department Arborist recommends the City Commission consider
the request of Mr. Ivan Carbia to remove 1 specimen hickory tree, approximately 30 inches in
diameter.
PURPOSE:
The purpose of this agenda item is for the City Commission to consider Mr. Carbia's request to
remove a specimen (30 inch diameter) hickory tree at 1021 Winding Waters Circle, 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 neighbor does not like it and the hickory nuts make a mess. He has stated a willingness to
replace the tree.
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On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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.
Sec. 5-4. Permit Required for Tree Removal and Land Clearing;
Separate Violations Criteria.
Sec. 5-8. Specimen or Hi$toric Trees.
April 26, 2004
REGULAR AGENDA ITEM 500
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) On April 2, 2004 the owner at this location requested the removal of the 30" hickory
tree from the site. The tree in question under the current application is the 30 inch
hickory tree.
3) In this application the applicant states that the neighbor wants this tree removed for
the following reasons:
a) Limbs have fallen out and make a mess.
b) Hickory nuts 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.
Hickory Nuts Hickory nuts may be considered a nuisance. Hickory nuts do not have to
be cleaned at all. In this and other situations where the owner desires to
keep the lawn clean of hickory nuts, 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, limbs on this
tree may need routine pruning from time to time.
There is no report from an independent certified arborist that states that the
tree has any structural damage or instability.
April 26, 2004
REGULAR AGENDA ITEM 500
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 30 inch diameter specimen hickory tree from 1021
Winding Waters Circle.
ATTACHMENTS:
A. Ordinance 2003-22 (pertinent excerpts)
B. Applicant's application
C. Location map
COMMISSION ACTION:
~
Sec. 5-2.
ATTACHMENT A
Ordinance
': <'Ii.
Intent and Purpose.
(.
(a) Purpose. The purpose ofthis 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 conversation, air pollution and noise, and to make the City a healthier, more
attractive and safer place in which to live.
(b) Intent. The intent ofthis 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 and to encourage proper removal of exotic. pest
trees.
SEe 5-3
(s1)
(t-y)
Sec. 5-4.
(a)
.
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
OIdinance Chapter except in accordance with the provisions set forth herein.
Specimen Tree. A Tree, other than an undesirable tree, structurally unsound tree that cannot .
be recovered by pruning. dead tree, or diseased tree, that is has a caliper of twenty-four (%6
W inches or more in diameter. Specimen trees shall not include laurel oak (Quercus
laurifolia). sand pine (fin us clausa). or cherry laurel (Prunus caroliniana).
Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of
roots.
Permit Requited for Tree Removal and Land Clearing; Separate Violations;
Criteria: Contractor Permit ~equired.
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. If a
property owner has retained a contractor to perfonn the Land Clearing or Tree Removal. the
contractor shall be responsible for obtaining the permit required by this Chapter prior to the
Land Clearing or Tree Removal. It shall be a separate violation ofthis Chapter for each Tree
removed and each day a person is engaged in Land Clearing without a permit.
S EC 5-8 (b ) 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.
Sec. 5-9. Tree Replacement Guidelines.
(a) Tree Replacement. All Trees that are removed or destroyed and subject to replacement by
this Chapter shall be replaced by a species of Tree cited in Appendix B, Desirable Trees or
Appendix C, rrc.fellcd Plant List or such other Trees properly approved by the City Forester.
Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is
pending) or Rcplaeemcnt shall oeem within ninety (90) thirty (30) days of removal or
destruction. whichever date is earlier. unless a greater replacement period is provided for
good cause by permit.
(b) Criteria for Replacement Trees is as follows:
SEC5./Lf
(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 shall be the responsibUity of a de; v eloper
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 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 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.
,
required to be planted or retained under this Chapter. Trees or plants planted in the City's rights-of-
way are subiect to removal or trimming by the City at any time. No t'1C,C or plant shall be, planted
within a City Iight.s-of.-way or easement without CXpIC,SS pcuuission fiom the City POlC,stet.
Sec. 5-16.
(a)
.
Waivers: Incentive Pro~ram: and Appeals.
Waivers. The City Commission may grant a waiver to provisions ofthis Chapter where the
applicant demonstrates that the literal interpretation ofthe ordinance Chapter will deny the
applicant reasonable use of the property or where such waiver can be demonstrated to be
consistent with the purpose and intent of the ordinance Chapter. The preservation of any
approved Tree over four (4) inches in caliper may 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. . .
ATTACHMENT B
Page 1 of2
CITY OF WINTER SPRINGS, "FLORIDA
Community Development
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800 Ext327
Fax (407) 327-6695
PERMIT MUST BE POSTED ON SITE
ARBOR PERMIT APPLICATION
ARBOR PERMIT NUMBER
Homeowner: :Lv PrrJ CA -a..E (A
Job location: IOJ-\ Wlv'\d""'S ()1-\~ elR.
PERMIT FEE
Telephone: C~Or) 3;r 7 - (, (;.)-'i
Subdivision: Wind 111\5 \-1'o<..LoGJ
Contractor: ---1dfJ f1 TrL-R. e
Address: 5640 wfJY5Ide))4Z
~V'I c..{
->mv roIL!)
Telephone: <fOr 3 S'4 -5~'I)-
General Liability Exp:
License #
Workman's Comp Exp:
. S!ng!eoFamily ___~ __Development
(acres) Number of trees to be cut
J
1?Ac.iL '1o~d
13 l<j -4 f eQ...J
30'/ jI;(/fvo(<t
/;t~F
Land Clearing Land" Filling
· I certIfied that the tree(s) to be cut fit into one of the following categories as checked:
--,L 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. Trees severely diseased, or severely injured, or dead.
4. Trees that interfere with provision of public utility installations.
5. Trees that have been approved by the City Forester to be replaced elsewhere on the property.
6. Trees that are exotic, invasive species (EPPC #1).
7. Sec. 5-4 (b) 6. As relates to governmental projects.
· I hereby acknowledge that the above information is correct and agree to conform to the City of Winter Springs zoning
~~'..!!:!t!~~~ ~~d !:::..:Hd:;;g Cudc5. I agree if any public property is damage, 1 will restore it to the 0 iginal condition. I agree
iildl lrlis application allows the Forester to enter my property for the purposes of inspection. OJ~. (initials)
: : ,,';-i~:~y ~: ICl~ dllY repiacement plants will be installed within 30 days from the.. te of this application. I will be responsible
I
I
- ~rranging rc",inspections, if necessary.
A__"__..' Tv'A-V {i ~f7 1/ \ ^
rr----..::: :::; ;::....:;::~ _ L.)"7 V'-J;:::' 1\
(please print)
Signature /,
/
;"
- :.,;: ;~~ 0r ~dd~~:;:;G:; must tit; marked So as to be easily identified. For undeveloped lots, the lot lines and construction pad must
=~~""~, "'~~,"'~. For land clearing or undeveloped lots, a tree survey of ALL over 4" caliper must be submitted. Please iridicate the
_..:: ,- ","""'''''-'; ".., ~i i..~ will be used to protect existing trees during construction. If an appointment needs to be scheduled for
-. --::-.. ;;:-- ~... ;;" .;;"..; .,...-v<>'" (fence, dogs, etc.), please call 327.1800 Ext.327.
p.2
To the City Of Winter Springs Commission,
1, Ivan Carbia, hereby request a hearing under a ciry commission agenda to have a
hickory lJee of a caliper greater than 24 inches removed from my property at l021
Winding Waters Circle.
The extraordinary circumst.ances and hardships to be considered by the city conull1ssion
wi 11 be reviewed nt the time of the hearing.
Sinccr<1fy,
Ivan A Carbia
A.
ATTACHMENT C
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Continued Pg 243i -
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NOTES:
Fire Department Address Map
PRINTED: REVISED: . .
Nov. 2000 1: 2 :
City of Winter Springs, FL
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Map
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