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HomeMy WebLinkAbout2004 07 26 Regular 501 COMMISSION AGENDA ITEM 501 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X July 26, 2004 Meeting r f,tj/ Mgr. ) / Dept. Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Winter Springs builder, Jorge Espinosa, to remove 4 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 (27 inch diameter) sweet gum tree and a specimen (28 inch diameter) maple tree and a specimen (36 inch diameter) maple tree and a specimen (38 inch diameter) black gum tree on lot lB at 800 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 APPLICABLE LAW AND PUBLIC POLICY: On October 13, 2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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 501 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 (4) specimen trees along with (44) other trees on the lot need to be removed in order to build the proposed house. Seasonal Wetlands Staffhas 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 staffto 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. July 26, 2004 REGULAR AGENDA ITEM 501 Page 3 STAFF RECOMMENDATION: 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 9t\ 2004 in order to give the City Attorney time to negotiate a suitable development agreement with the owners. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts) B. Location map COMMISSION ACTION: . See. 5-2. ATTACHMENT A Ordinance .,. , ','l~. " ~ . Int&nt and Purpose. . (8) Purpose. The purpose of1hls Chapter is to establish proleotive regulations fur Trees wi1hln the City in order to maintain and protect the City Forest, to better control problems of flooding, soU oonversation, air pollution and noiSe, 'and to make the ~ty a healthier, more attraotive and safer place in whioh to live. t. (b) Intent. The intent oftWs Chapter is to encourage the protection of the max~um nwnber of ...... Trees within the Prltn81J' Tree Protection Zone and of large Specimen Trees within the ........ Secondary Tree Protection Zon~. Ids further the intent of this Chapter to enoourage the ' proteotion ?fTrees native to Central Florida and to 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 ordin.ance Chanter except in accordance with the provisions set forth herein, SEC,S;3 (S1Q' , Specimen Tree. A fue, other than an undesirable tree, structurallyunsoUlid tree that cannot " .~ ,be recovered by pruning! dead tree, or diseased tree, that is has a caliper oftwenty:-four (2e JIIIIl"" W inches or more in diameter. Specimen trees shall not include laurel oak: (QuercHs ' lauri olia and me Pinus clausa or che laurel PI nus cal'oliniana , (t-I0 Stem. The main trunk of a plant; its primary axis that develops buds and ShoOt9 instead of roots. Sec:., 5-4.: Permit Requited for Tree Removal and Land Clearing; Separate Violations; ,Criteria; Contractor Permit ~elJuired, ' (a) Permit Required, No Person shall engage in: Tree Removal or engage in Lan<l Clearing located within the City, without first obtaining a permit as provided in this Chapter. I!ll: propertY owner has retained a contractor to p-erfonn the Land Clearing or Tree Removal. the contraotor shall be responsible for obtaining the pennit 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 pennit. . . " , -'-..rv r...... AWmUaJlflaUWDg any Qtl1erprovlsion of this Chapter, Specimen or Historio Trees . . .~ ~ not be removed llXOl!Pt tbrexlraordlnalyoiroJunstanoeeandhardshlps and OD1yby/inal ,.. . pennit approved by the City Commission. See.. 5-9. Tree Replacement Guidelines. . (~l) SECS./'~ (b} p 1ree Replacement. AU Trees that are removed or destroyed and subject to replacement by this Chapter shall be replaced by a species of Tree oited in Appendix H, Desirable Trees or Appettdh. C, Ptefon cd PlMt List or suoh other Trees properly approved by the City Forester. I men all oe:ur '0 e S ce 0 .' s ~ Ropl~em(.ltt shaH occur within ninoty (90) thirty (3Q) days of removal or destruction. whichever date is' earlier-s unless a, greater replacement period is protided for good cause by pennit. ,'. " (b) Criteria for Replacement Trees iias follows: (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 ofthe Tree(s) reques,ted to be removed. ' " Burden of Tree Protection on Property Owner, It shall be the responsibility of a dOv"eloper or applicant property owner and their agents to ensure that any Tree shown on the Tree inventory for which a Tree Removal pennit has not been obtained is to be' protected. The property owner shall guarantee survival qfretained trees and Replaceme~t Trees for one (1) year from completion ofpennitted 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 accordanoe 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~af- mur are sub~eot to removal or trimming by the City at any t1m; No tree or plant shall be planted witlUll a City dghts-of:.way or eMement without express ponnission from the eity FOlester:- See, 5-16., (a) . Wai"ers~ Incentive Prol:ram; and Appeals, Waivers. The City Commission may gia.nt a waiver to provisions of this Chapter where the applicant demonstrates that the literal interpretation of the ordinctn~ Chapter will deny the applicant reasonable use of the propertyor where such waiver can be demonstrated to be consistent with the purpose and intent of the ordillallce Chapter, The preservation of any approved Tree'over four (4) inches in caliper maybe 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 cifthe 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 I :t- I i - I . Northern Boundary '. un 6t STA'.7 4wl G , , , , , , , , . F c B A 1 4 5 ~./ "v/ 1 .,.,. \t" " " /......" t, """ " " ", \-:.~ "~ \~ NOTES: fSR Fire Department Address Map PRINTED: REVISED: Nov. 2000 1: 2 : City of Winter Springs, FL o 200 400 ~ I Sealo : I" .. 350 feet 3 : ~:Pe 2402 - -', Developed BY-ENGINEERING Ir lAJI) SYSrrJIS Ire.