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HomeMy WebLinkAbout2008 06 09 Consent 201 Resolution 2008-32 Phillip and Janet McKnight, 120 Bombay Avenue COMMISSION AGENDA ITEM 201 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR June 9, 2008 Meeting REQUEST: The Community Development Department, Arbor Division, recommends the City Commission consider the request of Phillip and Janet McKnight of 120 Bombay Avenue to have a Live oak tree which is located on their private property designated as a historic tree. PURPOSE: The purpose of this agenda item is for the City Commission to consider the request of residents Phillip and Janet McKnight to have their 38" in diameter Live oak tree designated as a historic tree by the City Commission as per Sec. 5-8 of the City's Arbor Ordinance 2003-22. CONSIDERATION: On February 8, 2008, residents Phillip and Janet McKnight requested of the City's Arbor Division to have their 38" diameter Live oak tree evaluated by the City Arborist for designation as a historic tree by the City Commission. Mr. and Mrs. McKnight stated in their request that the subject tree was at least thirty (30) years old and approximately sixty (60) feet tall. After an evaluation by the City Arborist, the request was presented to the Beautification of Winter Springs Advisory Board (BOWS) at a regular advisory board meeting on March 12, 2008 under Item 601. At the same meeting, the BOWS Board voted to endorse the subject tree being named as a historic tree by the City Commission and requested that Staff present the matter as a Commission Agenda Item in the near future. 060908_ COMM _ Consent_ 201_ Historic_Tree _Request_McKnight APPLICABLE LAW AND PUBLIC POLICY On October 13, 2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. Sec. 5-8. Intent and Purpose. Specimen or Historic Trees. FINDINGS: 1) Upon a visit to the site by the City Arborist, the tree was found to be in very good health and had been recently pruned by an ISA Certified Arborist to improve the appearance and long term sustainability of the tree. 2) The subject tree was found to be at least thirty (30) years of age and was planted on the site by the resident. 3) The subject tree appeared to be at least sixty (60) feet in height and to have a spread of approximately seventy (70) feet of canopy. STAFF RECOMMENDATION: Staff recommends the City Commission approve the request of Phillip and Janet McKnight to have their specimen Live oak tree designated as a historic tree by Resolution 2008-32 of the City Commission. Resolution 2008-32 will be reviewed by the City Attorney prior to execution by Mayor John Bush. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts). B. Historic Tree Request Letter - Phillip and Janet McKnight (2/8/08). C. Historic Tree Photo (located on server). D. Resolution 2008-32 (McKnight Historic Tree). COMMISSION ACTION: CITY OF WINTER SPRINGS, FL - ARBOR ORDINANCE (Pertinent Excerpts Only) Chapter 5 TREE PROTECTION AND PRESERV ATION* Sec. 5-2. Intent and purpose. (a) Purpose. The purpose of this chapter is to establish protective regulations for trees within the city in order to maintain and protect the city forest, to better control problems of flooding, soil conversation, air pollution and noise, and to make the city a healthier, more attractive and safer place in which to live. (b) Intent. The intent of this chapter is to encourage the protection of the maximum number of trees within the primary tree protection zone and of large specimen trees within the secondary tree protection zone. It is further the intent of this chapter to encourage the protection of trees native to Central Florida and to encourage proper removal of exotic, pest trees. To this 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 of this chapter except in accordance with the provisions set forth herein. Notwithstanding, in case of emergencies involving natural disaster such as, but not limited to, flood, freeze or other natural disasters, the requirements of this chapter may be temporarily waived by the city commission by resolution. (Ord. No. 2002-08, S 2,4-8-02; Ord No. 2003-22, S 2, 10-/3-03) Sec. 5-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates otherwise: (t) Specimen tree. A tree, other than an undesirable tree, structurally unsound tree that cannot be recovered by pruning, dead tree, or diseased tree, that has a caliper of twenty-four (24) inches or more in diameter. Specimen trees shall not include laurel oak ( Quercus laurifolia ), sand pine ( Pinus c1ausa ), or cherry laurel ( Prunus caroliniana ). (u) Stem. The main trunk ofa plant; its primary axis that develops buds and shoots instead of roots. Sec. 5-4. Permit required for tree removal and land clearing; separate violations; criteria; contractor permit required. (a) Permit required No person shall engage in tree removal or engage in land clearing located within the city, without first obtaining a permit as provided in this chapter. If a property owner has retained a contractor to perform the land clearing or tree removal, the contractor shall be responsible for obtaining the permit required by this chapter prior to the 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 permit. Sec. 5-8. Specimen or historic trees. (a) Designation. Certain trees, herein referred to as "specimen" or "historic" trees, are of especially great concern to the public because of ecological value, of indigenous character, size, age or historic association. Determination that a tree is a historic tree shall be made by resolution of the city commission after a recommendation of the beautification board of Winter Springs, and the city forester shall keep a permanent record of all trees so designated by the city commission. Specimen trees are all trees (other than "undesirable trees" identified in Appendix A, dead trees or diseased trees) which have a caliper of twenty- four (24) inches or more in diameter. Designation as an historic tree may occur in anyone of the following ways: (1) An applicant may request designation of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an expert evaluation by a landscape architect, horticulturalist, city forester, or other horticultural expert as part of the application. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert evaluation by a landscape architect, horticulturalist, city forester historian or other horticultural expert. (3) The city's forester may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designation, or may make such designation as part of an overall tree protection planning program for the city or portion thereof. (4) Historic tree designations shall be subject to approval by resolution of the city commission and the city commission may grant tree replacement credits, upon granting an historic tree designation. (b) Removal. Notwithstanding any other provision 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 interpretation 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 preservation 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 interpretation to the city manager by filing a written notice of appeal of said interpretation within ten (l0) 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 interpretation 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 mutual agreement between the city and the person filing the notice of appeal. (c) Incentive program. The city commission reserves 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 providing credits to city development fees. Any incentives granted under this subsection shall be consistent with the comprehensive plan and shall be by development agreement or other formal approval. (Ord. No. 2002-08, $ 2, 4-8-02; 2003-22, $ 2, 10-13-03) I () I f\ +4-u.ch. me,.) +- Iv "- City of Winter Springs Attn: Arbor Department Winter Springs, FL 32708 February 8, 2008 Historical Tree Desienation - 120 Bombav Avenue. Winter Sprines. Florida We have a 30 year old Live Oak Tree in our front yard at 120 Bombay Avenue. The tree has a 38 inch diameter trunk. It is approximately 60 feet tall and has a canopy of approximately 70 feet in diameter. We would like to have the City of Winter Springs designate this tree as a historical tree. Your consideration of this request would be appreciated. Sincerely, ?~ (1. mc~~ ~'L~ Phillip B. and Janet E. McKnight Homeowners RECEIVED FED 0 8 ZOOS CITY OF Vv'INTER SPRINGS Pem1itting . Christy 200801IJM ,DOC ~ f PW\K..\- . 6v~~ rnf3 J {r2 (00'- ~ Gol ATTACHMENT'D' RESOLUTION NO. 2008-32 A RESOLUTION BY THE CITY OF WINTER SPRINGS, FLORIDA TO DESIGNATE THE 38 INCH IN DIAMETER SPECIMEN LIVE OAK TREE LOCATED AT 120 BOMBAY AVENUE AS A HISTORIC TREE AS PER THE CITY'S TREE PROTECTION AND PRESERV A TION ORDINANCE 2003-22. WHEREAS, the City of Winter Springs understands that trees are an important resource of our community and a vital component of nature that should be protected whenever possible; and WHEREAS, the City of Winter Springs believes trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitats for wildlife. WHEREAS, the City of Winter Springs wants to preserve large canopy and specimen trees on public and private property whenever possible; and WHEREAS, the City of Winter Springs desires to protect historic trees due to their great ecological value, indigenous character, size, age and historic associations. NOW, THEREFORE, BE IT RESOLVED by the City Commission of The City of Winter Springs, Seminole County, Florida as follows: Section 1. The City Commission supports, the designation of select specimen trees as historic trees because they increase property values, enhance economic vitality of business areas and beautify the entire community. Section 2. The City Commission supports, the designation of a 'historic tree' for the specimen 38 inch Live oak tree located on the residential property at 120 Bombay A venue in Winter Springs, Florida. Section 3. The City Commission hereby authorizes, the designation of a specimen 38 inch Live oak tree located at 120 Bombay Avenue in Winter Springs, Florida as a 'historic tree' under the provision of Section 5-8 of the Tree Protection and Preservation Ordinance (Arbor Ordinance 2003-22). Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this _ day of 2008. CITY OF WINTER SPRINGS, FLORIDA JOHN BUSH, MAYOR ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for The City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney - Urban Beautification Services Division I~EC~w1/ED 1126 E. State Road 434 I Office (407) 327-5976 C Winter Springs, FL 32708 I FAX: (407) 327-6695 ~ U N - 6 ?.~~8 CITY OF WINTER SPRUJGS OFFICE OF THE CITY CLERK MEMOR14NDUM Date: 6/ 6/08 To: City Commission From: Mike Mingea, City Arborist Re: 6/9/08 City Commission Agenda Item 201 - Attachment ~C' Please find the attached photo which should accompany Agenda Item 201, a historic tree request from Mr. and Mrs. McKnight, for the June 9, 2008 City Commission Meeting. Respectfully, Mike Mingea City A~bo~is! 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