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HomeMy WebLinkAbout2004 07 26 Regular 500 COMMISSION AGENDA ITEM 500 CONSENT INFORMA TIONAL PUBLIC HEARING REGULAR X July 26, 2004 Meeting MgL /~ ~ePt Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Winter Springs builder, Jorge Espinosa, to remove 3 specimen trees, on a building lot. PURPOSE: The purpose of this agenda item is for the City Commission to consider a Winter Springs builder, Jorge Espinosa, request to remove a specimen (28 inch diameter) basswood tree and a specimen (28 inch diameter) elm tree and a specimen (26 inch diameter) elm tree on lot lA at 802 Kilt Court in The Highlands. The specimen trees are located in the proposed building pad. He has stated a willingness to replace the trees. APPLICABLE LAW AND PUBLIC POLICY: On October 13, 2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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 Historic Trees. July 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) Lot needs to be excavated of2-5 feet of muck soil and backfilled with an additional amount to be raised to grade level. 3) The site requires additional fill soil to be brought up to the road level and may require installation of retaining walls to prevent damage to remaining trees located on the site. 4) These (3) specimen trees along with (28) other trees on the lot need to be removed in order to build the proposed house. Seasonal Wetlands Staff has requested the owner to obtain a certificate from the State Department of Environmental Protection to resolve any possible wetlands jurisdiction issues before dredging and backfilling the site. Public Safety Staff analysis of the site in this application does not reveal evidence of public safety issues caused by these trees. There is no report from an independent certified arborist that states that the trees have any structural damage or instability but they cannot survive excavation and compression of fill soils. Off-Site Planting The owner has expressed an interest in planting many fifteen gallon sized types of trees on the Highlands H.O.A. grounds (with their approval), in an attempt to satisfy the required tree replacement credit units. There has been no landscape plans provided by the owner for staff to review to determine the amount of trees to go on-site and off-site. Conclusion Staffs review of this application concludes that the applicant's request is based upon long term improvements and safety issues that constitute verification of extraordinary circumstances and hardship. ST AFF RECOMMENDATION: July 26, 2004 REGULAR AGENDA ITEM 500 Page 3 Based upon staffs review of the facts related to this application, Staff recommends that the City Commission postpone the decision of this Agenda until August 9th, 2004 in order to give the City Attorney time to negotiate a suitable development agreement with the owners. ATT ACHMENTS: A. Ordinance 2003-22 (pertinent excerpts) B. Location map COMMISSION ACTION: . . See. 5-2. ATTACHMENT A Ordinance .,. , '.' t~ ~ , Int&nt and Purpose. '. . (a) Purpose. The purpose of1hls Chapter is to establish proleotive regulations fur Trees wi1hln the City in order to maintain and protect the ~ty Forest, to better control problems of flooding, soil oonversation, air pollution and noise, 'and to make the Ci,ty a healthier, Inore attractive and safer place in whioh to live. (. (b) Intent. The intent of this Chapter is to encourage the protection ofthemax.#nwn number of ... Trees within the Primary Tree Protection Zone and of large Specimen Trees within the ....... Secondary Tree Protection Zon~. Ifis further the intent of this Chapter to enoourage the ' proteotion of Trees native to Central Florida 1!J1dto encourage proper removal of exotio. pest trees. . 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 Chapter except in accordance with the provisions set forth herein, SEC,S;3 (s-:l) Spec/men Tree. A fue, other than an undesirable tree, struoturallyunsoU11d tree that cannot .~. . be recovered by pnming, dead tree, or diseased tree, U,a! i. bas a oallper oflwentx-four (26 ~ W inches or more in diameter. Specimen trees shall not inolude laurel oak (QueT'f;(M lauri alia sand me Pinus clausa or ch laurel P us carotin/ana , (t-y) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots, See. 5-4. Permit Requited for Tree Removal and Land Cleal'ing; Separate Violations; ,Criteria; Contractor Permit ~el:Juired. Permit Requlred, No Person shall engage in Tree Removal or engage in Land Clearing located within the City, 'without first obtaining a pennit as provided in this Chapter. If Jl 1'0 e ' owner has retained a contractor to erfoml the Land Clearin or Tree Remo , at the contractor shall be responsible for obtaining the pennit required by this Chapter prior 'to the Lan~ Clearing or Tree Removal. It shall be a separate violation of this Chapter for each, Tree removed and each day a person: is engaged in Land Clearing without a pennit. (a) . . , , --~"r" r.-. A WHY UolllJWWumg any Qtb.er proVision of this Chapter, Specimen or Historio Trees . ..~ 8'1all not be removed oxOllJlt tor oxtrsordlnary~oes andhardshlps and onlybyllnsl ~. pennit approved by the City Commission. 8e~ 5-9. Tree Replacement GuldeUnes. . (n) 1ree Replacement. AllTreea that are removed or destroyed snd subject to replacement by this Chapter shaU be replaced by a species of Tree oited in Appendix B, Desirable Trees or Appendix C, l'tef'en od Plant Lht or such other Trees properly approved by the City Forester. I men all cour 'or e s ce coo 's ~ Replac,emem shall OCettr within ninety (90) thirty (3Ql days of removal or destruction. whichever date is' earlier-s unless a, greater replacement period is protlded for good cause by permit. ' (b) Criteria for Replacement Trees is'as follows: SECS-/~ (b) (1) Characteristics ofReplac~ment 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) reques.ted to be removed. ' " Burden of Tree Protection on Property Owner. It shall be the responsibiUty of a developer or applicant property owner and their agents to ensure that any Tree shown on the Tree inventory for which a Tree Removal penult has not been obtained is to be protected, The property owner shall guarantee survival of retained trees and Replaceme~t Trees for one (1) year from completion of pennitted 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 Of retained under tIus Chapter. Trees or plants planted in the City's qghts..of- ID!;. are sub 'eot (, re oval or lrimmin b the Ci ~ at an~ time, :' ~ ::~=:: ~Iantod Within a City tights-of- way 01 ed5emo; ~thotlt ex )r055 I ennissi . " 1. Sec. 5-16. (a) . Waivers~ Incentive PI'Oeram;. and Appeals. Waivers, The City Commission may gr:ant a waiver to provisions of this Chapter where the applicant demonstrates that the literal interpretation ofthe ordiha1lce Chapter will deny the applicant reasonable use of the property Of where such waiver can be demonstrated to be consistent with the pUrpose and intent of the tmfina1We Cha,pter. 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 detennination 6fthe 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. '. r Northern Boundary " UFT- ot sTA.7 "wI ~ - ---------- G I , , , , F c B A 1 4 5 $f''''' ~/ 1 ....' "., " " ..."" // ""," " '. ........~ . , " , ....\ NOTES: . /SR Fire Department Address Map PRlNTEO: REVISED: Nov. 2000 1: 2 : City of Winter Springs, FL o 200 400 ~ co 350 feet I 3 : ~Pe 2402 '. '. Dc...loped BY-ENGINeERING It /.AI{) SYSTEJ/S Inc.