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Home My WebLink About2004 07 12 Regular 513 ,. COMMISSION AGENDA ITEM 513 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X July 12,2004 Meeting pI? Mgr. 1/ Deot. Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Winter Springs resident, Terry Jeniconde, to remove I specimen pine tree, approximately 29 inches in diameter. PURPOSE: The purpose of this agenda item is for the City Commission to consider a Winter Springs resident request to remove a specimen (29 inch diameter) pine tree in his back yard to construct a pool, as required by Section 5-8 ofthe City Code of Ordinances. The specimen tree is located less than six feet from the pool area. The applicant states that he wants to remove the tree because the construction damage will kill the tree. He has stated a willingness to replace the tree inch per inch. APPLICABLE LAW AND PUBLIC POLICY: On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. 'l July 12, 2004 REGULAR AGENDA ITEM 513 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 ofthe 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) The 29" pine tree is too close to the new pool and will perish from root damage. It is better to remove the large pine before,construction begins rather than after the pool is completed. CHin!! Based upon Staff review it appears that preservation of the tree will prevent normal use of the property. Public Safety Staff analysis of the site in this application does reveal evidence of public safety issues caused by this tree. The tree leans toward the home and any future damage may weaken the root system allowing the tree to possibly collapse. There is no report from an independent certified arborist that states that the tree has any structural damage or instability. Conclusion Staffs review ofthis application concludes that the applicant's request is based upon long term improvements and safety issues that constitute verification of extraordinary circumstances and hardship. STAFF RECOMMENDATION: Based upon staff s review of the facts related to this application, Staff recommends that the City Commission approve the request to remove the 29 inch diameter specimen pine tree his site. As per the Arbor ordinance 2003-22 all replacement trees must be installed prior to the pool final inspection and before Certificate of Completion. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts) B. Location map COMMISSION ACTION: !lec. 5-%, ATTACHMENT A Ordinance ./\:'~. " . , y , Inunt and Purpose. , (a) Purpose. The purpose of this Chapter is to establish protective regulations for Trees within tile City in order to maintain and protect the City Forest, to better control problems of flooding, soil oonversation, air pollution and noiSe, 'and to make the City a healthier, more attractive and safer place in whioh to live. (. (b) Intent. The intent of this Chapter is to encourage the protection of the max~wn number of .... Trees within the Primary Tree Protection Zone and of large Specimen Trees within the ......... Secondwy Tree Protection Zon~. Ids further the intent of this Chapter to encourage the ' proteotion of Trees native to Central Florida and to encourage proper removal of exotic. pest trees. , To tWs 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 oftbis ordinance Chapter except in accordance with the provisions set forth herein. SEe, 5 ~3 ( s-:t) .. " ( t-!Jl) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots. Sec~ 5-4. Permit Requited for Tree Removal and Land Clearing; Separate Violations; ,Criteria; Contractor Permit ~equircd. Permit Required. No Person shall engage ill Tree Removal or engage in Land Clearing located within the City, without first obtaining a pemlit as provided in this Chapter. IfJt to e ' owner has retained a contractor to erfoffil the Land Clearill or Tree Removal. the contractor shall be responsible for obtaining the pennit required by this Chapter prior to th~ Land 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 penllit. (a) .. . ..... -. -.,. ......ow.L~ CUly QUler proVlston of this Chapter, Specimen or Historio Trees . . ... .1Jall not be removed exOl!Pt torextraordlusryclrc1llll8tanoes and hsrdshlps and only by final ".. pennit approved by the City Commission. See. 5-9. Tree Replacement Guidelines. (b) SECE~I'~ (b) -. (a) 1ree Replacement. All Trees that are removed or des1royed and subject to replacement by this Chapter shall be replaced by a species of Tree oited in Appendix B, Desirable Trees or ^'Ppcndix C, P 1 efen cd Plant l,ist or suoh other Trees properly approved by the City Forester. I men I cur' or e s c 0 e 0 c I . s pending) ~ Repl~ sllllll occur wi1hin nlnoty (96) 1hlrty (3Q.l days of removal or destruction. whichever date is.earliet unless a.greater replacement period is provided for good cause by pennit. Criteria for Replacement Trees is.as 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 of the Tree(s) reques.ted to be removed. " Burden of Tree Protection on Property Owner. It shall be the responsibiLity 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 permit has not been obtained is to be. protected. The property owner shall guarantee survival Qfretained trees and Replacement 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 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~ ~ are su~ect to removal or trimming by the City at any time. ~reo or plant shall bo planted witi1In a City Iights-of~way 01 OMCnlo;rt-without (,xples8 ponnis5ion from the City fFoleste1. Sec. 5~16.. (a) .. Waivers~ Incentive PrOeral1ll and Appeals. Waivers. The City Commission may giant a waiver to provisions of this Chapter where the applicant demonstrates that the literal interpretation of the ordinance Chanter 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 Chapte.r. The preservation of any approved Tree .over four (4) inches in caliper lllay 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 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. .. ;/ Colitmu d Pg 2429 I > '\ , III ~ r~ '6U , , , ... - - ' , r H ", , , , , , , , I , I , , , , , , , , I \' G - - - , , I , , , , - - . , , I - - - , - - , , ) , , , - ( F 125 e\- , \ , \0 , ~-- M , 0 , -; - ~ , , , bD , , p... , - - ' "1:l II) ....\ ~ l.S '~ 0 U , I - - - - - - , 1 , , , , , '-\ C , , 30 , } , B \ ~ \ > ' , - ," , ' , , , - \ , \ , , \ , , , \ , \ \ " A , IGS Southern BoundllIY. 1 4 5 6 7 NOTES: Fire Department Address Map PRlHTED: REVISED: Nov. 2000 City of Winter Springs, FL o 200 ~oo ~ I o : I" a 350 foct 1 : 2: 3 : Map Pa e Dc..lopcd OrEIIGINEERlNG " LAID srs'IDlS Irr:. 2435