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HomeMy WebLinkAbout2004 07 12 Regular 515 r, COMMISSION AGENDA ITEM 515 CONSENT INFORMA TIONAL PUBLIC HEARING REGULAR X July 12,2004 Meeting MgP;/~pt. 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 I B 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 APPLICABLE LAW AND PUBLIC POLICY: On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. 't July 12, 2004 REGULAR AGENDA ITEM 515 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 (4) specimen trees along with (44) 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 Plantinf! 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: 'I July 12, 2004 REGULAR AGENDA ITEM 515 Page 3 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 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 permit issuance. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts) B. Location map COMMISSION ACTION: f r G F c B A ;;". "v/ .~\ ", ", , :.. 1 ,- , , , Northern Boundary . . UFT- oS STAl 4W: , , 1 , . 1 4 5 1 ...., ,..., " " /"'" "~ "'~ NOTES: 'f "1, " " " ", ....'\ }SR Fire Department Address Map PRlHTEO: REVlSEO: Nov, 2000 1: 2 : City of Winter Springs, FL o 200 400 ~. "350 feet I 3 : ~:Pe 2402 o.v.:loped By-ENGINEERING " LAJt) SYSTEJIS Irr:.