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Home My WebLink About2008 02 25 Regular 600 Specimen Live Oak Tree Removal for Joey Walters, 775 S. Edgemon Avenue, Winter SpringsCOMMISSION AGENDA ITEM 600 February 25, 2008 Meeting REQUEST: CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X v' Mir. /Dept. C-~ ~~e ~ny> Authorization The Community Development Department, City Arborist, recommends the City Commission consider the request of Joey Walters of 775 S. Edgemon Avenue to remove one (1) specimen Live oak 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 Joey Walters to remove (1) specimen (33 " inch diameter) Live oak tree from the front of his residential property. CONSIDERATION: The specimen tree is located in the front yard of 775 S. Edgemon Avenue and within 2' (feet) of the driveway. The resident indicates tree roots are lifting and cracking the driveway. APPLICABLE LA W AND PUBLIC POLICY On October 13, 2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. 022508_COMM_Regula r_600_Speci men_Tree_Remova I_Walters 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 the site by the City Arborist, the 33" (inch) diameter Live oak tree appears to be in good condition and in normal health with a high potential of continued success. 3) Visible damages to the driveway are a direct result of normal and healthy root growth when a tree of this species is located close to a hardscape feature. 4) The prognosis is that root growth will increase damage to the driveway if this tree is left to continue without proper ANSI recommended root pruning conducted by an ISA Certified Arborist. STAFF RECOMMENDATION: Staff recommends the City Commission deny the request of Joey Walters to remove a (33" in diameter) specimen Live oak tree located in the front of his residence at 775 S. Edgemon, within 2' (feet) of the driveway. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts). B. Photos of the tree located at 775 S. Edgemon (Photos on server). COMMISSION ACTION: 1 • 1 ~ / _ - X11 ~~~ ~~~/~~F~~11f~~lll ~~~~ ~ ~ . :~. w. , ~~ ~y ., . P~ ~«~~ I~.t@h~ aYld ~Qt'~Or~6~ ~, . (~~ dose, The ptttpaea of thie.t~,aptar is to ~tabli~hprotoadve raguiaatlon~ liar Trees witbiu . ~ the City itt order to maintain and proteot~tbe City Roraety to biter control pra~lam~ of ffaodlag, aoii aoavet~atiaa, airpolludou and naiea,~aad to mal~a tha Clty aha~ithiar, tnara attt'aodve and eafar plaoo in whivh to Iiva. . (b~ Ir~tetst, The intent of thls Chaptor ie to enoourago the pre teotian of the ma7dmum number of Trees within the Frimary Tres kroteodan Zeno and of large Spaaiinan ~raea wltbin the Seavndary mrao Proteolion Zone. It`i~ fltrther the intent of this Chapter to anoouraga the proteadon ofTreeg native to Central Florida andto enaaura~e nm, s~er~ val of~Qda,~set . ~ - To tbtie end, it shall ba upl~wfttl to et~t down, damag@, poiean, Orin a~pyothermaunar da~truy or sense to be destroyed ~' Trey or other vegetation as covered by the provisions ofthis mco Chapter except in accordance with the, provisions set forth herein, C~J' . ~ecimen ~-ee. ~ TScee, other thaa anundeslrable tree, ~uoturallvunsoutidirep that o w.nt b~reoavered by nrunin a dead true or diseased tro fat }~ hoe tner aFtwett ~~} inches or more in diameter. Specimen trees s all not final rAA ~,r aalt f tau oTt4~, saud•plne (Ptnt~r clausal. or ohgrcw laurel fPr,uru~~ n~rw,th~~,.w~l •Ct~ SS~ern. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots. Sec.~5-Q~ ' Pet~mit Required for T~e~ Removal and Land C[earingJ 8eparats Violations; CriEeria~Contr~ctor~~~ripl~~utre~i.. (a) PeMttit Regc~tred: No Person eha11 engage iri Tree Removal or engage in Lind Clegg located within the City, 'wrthatct Brat obtaining a permit ag provided in tliia Chapter. ~ ~aroperty owner hoe retained a oontr tac or to erform the Laud Ctegrlri a oR~moval t a Ind Cle9~ri . ~ v ~x Tr~eTrae Re}*nav~ It shall be asepara#e violation nFtbis Chapter ~ removed and each day a person is engaged in Land Clearing withat~t a permit, TREE PROTECTION AND PRESERVATION Sec. 5-8: Specimen or historic 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) 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- ~ 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 lie extended by mu- tual agreement between the city and the person filing the notice of appeal. (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 cites land development regulations (e.g. reduced park%ng, modified setbacks) and provid- ing credits to city development fees. Any incen- tives granted antler this subsection shall be con- Sapp. No. 5 323- Date: February 25, 2008 This was drawn and shown to the City Commission at the February 25, 2008 City Commission Regular Meeting during the discussion of Regular Agenda Item "600". ~-* ~~ )~ r ~ ~' ~