HomeMy WebLinkAbout2004 07 12 Regular 514
COMMISSION AGENDA
ITEM 514
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
July 12, 2004
Meeting
Mgr~~Pt
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
stat~d 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On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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.
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July 12, 2004
REGULAR AGENDA ITEM 514
Page 2
Sec. 5-14. Tree Protection During Development and Construction;
Periodic Inspection.
Sec. 5-16. Waivers and Appeals.
FINDINGS:
I) 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) Lot needs to be excavated of 2-5 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 fi'om 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 Plantine:
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.
STAFF RECOMMENDATION:
Based upon staffs review of the facts related to this application, Staff recommends that the City
Commission approve the request to remove the specimen trees on this site. The replacement
July 12, 2004
REGULAR AGENDA ITEM 514
Page 3
chart calls for a minimum of four trees plus an amount decided by the Commission for extra
inches above (24) inches of specimen removals.
As per the Arbor ordinance 2003-22 all replacement trees must be installed prior to certificate of
occupancy or an amount of $250.00 per credit unit donated to the Tree Bank Revenue Fund.
This agreement would be required to be completed within (12) months of the pemlit issuance.
ATTACHMENTS:
A. Ordinance 2003-22 (pertinent excerpts)
B. Location map
COMMISSION ACTION:
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Fire Department Address Map
PRINTED: REVISED:
Nov. 2000 1: 2 :
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