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Home My WebLink About2008 01 14 Regular 608 Request of Ed Steigerman of 606 Pearl Road Remove (1) Specimen TreeCOMMISSION AGENDA ITEM 608 January 14, 2008 Meeting REQUEST: CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X lam' ~ M r. -~ /De t. Authorization The Community Development Department, City Arborist, recommends the City Commission consider the request of Ed Steigerman of 606 Pearl Road to remove (1) specimen tree located in the front yard of his residence. PURPOSE: The purpose of this agenda item is for the City Commission to consider a request by resident Ed Steigerman to remove (1) specimen (30"inch diameter) Sweet gum tree. CONSIDERATION: The specimen tree is located in the center of the front yard at 606 Pearl Road and within 20' (feet) of the residence. Mr. Steigerman indicates the sewer drain line is obstructed by roots from the specimen tree and his commode will not flush properly due to this condition. APPLICABLE LA W AND PUBLIC POLICY On October 13, 2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. S-3. Definitions. Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. OI1408 COMM Regular 608 Specimen Tree Removal Steigerman Sec. 5-8. Specimen or Historic Trees. 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) Upon a visit to this site by the City Arborist, the 30" diameter Sweet gum tree appears to have a 10" hole in it's main stem which is currently showings signs of decay but is also currently stable. 3) There are at least 12 structural limbs on the tree that are in need of corrective pruning in order to make the tree sustainable. STAFF RECOMMENDATION: Staff recommends the City Commission approve the request of Ed Steigerman to remove his (30" in diameter) specimen Sweet gum tree at 606 Pearl Road and install (4) four tree replacement credits plus (2) two 3" caliper City approved trees prior to the specimen tree removal. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts). B. Photos of the specimen tree located at 606 Pearl Road. (Shown on Projector) COMMISSION ACTION: ~ ~ ~ . •. _ ., . lea 5x~, ~ Iut~u~ ~d ~ar~a~a, ~. . (a~ rPta~aose. The purpose o~this.Chapter is to e~tabliehpratoa~rrQ reg~ilatlons par x`caes within . ~ tiro City in ardor to araintain and prateot~tho Clty Forest, to batter oontral pm6lems of ffoodiag, sail avnvcreadaa, air poUudaa and noiga,~and to make tha City a hcalthiar, more attractive and ea£er place in whisk to li~-o. . (~} Irtterst, T'he intent of this Chapter ie tQ anoourage the proteotian ofthe maximum number of 7'rsas within the Frlwary 'IY~e Froteodan Zone and o:f large Spaaiinen mraes vrlthin the Seovndary Theo Protection Zone. Zt~ls fltrthar the intent of this Chapter to enoauraga the pmteodon ofTraes native to Central Florida and to enaoura~e mm~erromov~al o e~xotio, nefft . - ' To this end., it shall baunlawfltl to at~t down, damage, poison, orin anyather manner destroy or sense to be destroyed arty Tree or other vegetation as covered by the provisions ofthis Ord Chapter except in accordance with the, provisions set forth herein, (E`~3` .Specimen wee. AETrea, otherthaaanund8sirabletrae, afruro#uraiivunsoundt~e the ^~onot he recovered by pnu~in~ dyad tree, or diseased true, that is has a n er aFtvr~ett inches or more in diameter. ~ ~ (~ ~ ~eoimen trees shall not inai tr3a la, ;+~1 path ~ er~c s a otf an ins P or oh o n~a ~(~} ,S~ern. Z`he main trunk of a plank, its primary axis that develops buds and shoots instead of roots ' Sec. 5-4, ~ Permit Required for Tree itemaval and Land Clearing; Separ~ta Vi.olatlans; _Crlterta; Can r~.ctar p,~rmltR$qu#re~.. {a} Pertnlt Requ.~red. No Person shalt engage iri Tree Removal or engage in Land Clearing looatad within the City, 'without first abtah~ing a permit as provided in tlii~ Chapter. ~ rs~o ~• ownerhas retained a coubraetor to ar£orm thg d Cle nr ~ ~, , ~ con for sh be res o ib a or ob ' P the arms ~g `~~$ R m° al f e L~uu~C . Clea_rin nr ?'rAA Removal It shall be a separa#s violation ¢£tliie Chapter for each Tree removed and each day a person is engaged in Land Clearing without a permit. TREE PROTECTION AND PRESERVATION Sec. 6-8: Specimen or hfstoric trees. (b) Removal. Notwithstanding any other pro- vision of this chapter, specimen or historic trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city commission. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03) § 6-16 tation of the chapter 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 chapter. The pres- ervation 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 determination 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. (b) Appeals. Any person adversely affected by an administrative interpretation of this chapter by the city forester may first appeal that inter- pretation to the city manager by filing a written notice of appeal of said interpretation within ten (10) calendar days of said interpretation. The city manager shall decide said appeal within five (5) business days. Any person adversely affected by an administrative decision of the city manager under this chapter may appeal that interpreta- tion to the city commission by filing a written notice of appeal of said interpretation within thirty (30) calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final and shall be deemed a waiver of the person's right to further appellate review and proceedings. The city commission shall decide said appeal within thirty (30) days of the city's receipt of said notice of appeal and the city commission's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mu- tual agreement between the city and the person filing the notice of appeal. Sec. 5-16. Waivers; incentive program and appeals. (a) Waivers. The city commission may grant a waiver to provisions of this chapter where the applicant demonstrates that the literal interpre- {c) Incentive program. The city commission re- serves the right to offer and approve incentives for purposes of protecting and preserving mature trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, varying provisions of the city's land development regulations (e.g. reduced parking; modified setbacks) and provid- ing credits to city development fees. Any incen- tives granted under this subsection shall be con- Supp. No. 5 323