HomeMy WebLinkAbout2008 06 09 Regular 600 Joey Walters 775 S. Edgemon Avenue Specimen Live Oak Tree
COMMISSION AGENDA
ITEM 600
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
June 9,2008
Meeting
REQUEST:
The Community Development Department, Arbor Division, recommends the City
Commission consider the second 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 the second
request by Joey Walters to remove one (1) specimen (33" inch diameter) Live oak tree
from the front of his residential property adjacent to the driveway. Mr. Walters maintains
that the subject tree is damaging his driveway.
CONSIDERATION:
On February 25, 2008, at a regular City Commission Meeting (Item 600), the City
Commission denied Mr. Walters request to remove one (1) specimen (33" inch diameter) Live
oak tree located in the front of his residence at 775 S. Edgemon Avenue, adjacent to the
driveway. As part of direction given by the City Commission at this meeting, Mr. Walters was
instructed to solicit independent contractors to provide proposals for correcting the condition of
his driveway.
At the same meeting, City Manager Ron McLemore suggested the driveway could be re-
shaped to prevent any additional damages to the specimen tree and to make the driveway more
usable for Mr. Walters and his family.
060908_ COMM_Regular_ 600_ Specimen_ Tree_Removal_ Walters
Mr. Walters recently contacted the Arbor Division with a second request for removal of
the 33" diameter specimen Live oak tree next to his driveway.
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On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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. 5-3.
Sec. 5-4.
Intent and Purpose.
Definitions.
Permit Required for Tree Removal and Land Clearing;
Separate Violations Criteria.
Specimen or Historic Trees.
Waivers and Appeals.
Sec. 5-8.
Sec. 5-16.
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 in February 2008, the 33" (inch) diameter
Live oak tree appeared 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 current prognosis is that with proper root pruning and correct cement grinding to
level the driveway surface, performed to ANSI Standards, conducted by an ISA
Certified Arborist, Staff believes that both the tree and driveway can be compatible
for the long term.
5) The City Engineer visited this site after the February 25, 2008 Commission Meeting
to evaluate the condition of the driveway. The City Engineer's evaluation is attached.
STAFF RECOMMENDATION:
Staff recommends the City Commission deny the second request of Joey Walters to remove his
specimen Live oak tree located in the front yard at 775 S. Edgemon. For the safety of Mr.
Walters and his family, cement grinding is recommended to level the driveway surfaces in
addition to proper root pruning of the specimen tree.
060908_ COMM_Regular _ 600 _Specimeo_ Tree_ Removal_Walters
ATTACHMENTS:
A. Ordinance 2003-22 (pertinent excerpts).
B. Photos of the tree located at 775 S. Edgemon (photos on server).
C. Photos of sample concrete grinding (photos on server).
D. Statement from the City Engineer, Brian Fields.
COMMISSION ACTION:
Attachment 'A'
CITY OF WINTER SPRINGS, FL - ARBOR ORDINANCE
(Pertinent Excerpts Only)
Chapter 5 TREE PROTECTION AND PRESERV A TION*
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, f 2, 4-8-02; Ord. No. 2003-22, f 2, 10-13-03)
~
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 clausa ), or
cherry laurel ( Prunus caroliniana ).
(u) Stem. The main trunk of a 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, S 2,4-8-02; 2003-22, S 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 (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 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, S 2,4-8-02; 2003-22, S 2, 10-13-03)
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Attachment '0'
CITY OF WINTER SPRINGS
PUBLIC WORKS DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407.327-7597
FAX: 407 -327 -6695
MEMORANDUM
TO:
Mike Mingea, City Arborist
Brian Fields. P.E., City Enginee~
FROM:
DATE:
May 30, 2008
SUBJ:
775 S. Edgemon Ave.
I inspected the driveway at 775 S. Edgemon Avenue and made the following
observations:
· The driveway has been damaged by tree roots from the large oak tree adjacent
to the driveway. Vehicles can safely use the driveway in its current condition;
however, there is a potential trip hazard for pedestrians.
· If the oak tree and stump are removed, the portion of the driveway near the tree
will need to be reconstructed.
· It appears that the driveway could be repaired and/or reconfigured in a way that
could preserve the tree and still provide reasonable vehicular access to the two-
car garage.