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Home My WebLink About2007 12 10 Regular 601 Request of Casa Park Homeowner's AssociationCOMMISSION AGENDA ITEM 601 December 10, 2007 Meeting REQUEST: CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X r M r. ~ /De t. Authorization The Community Development Department, City Arborist, recommends the City Commission consider the request of Casa Park Homeowner's Association to remove (1) specimen tree located in the common area adjacent to 1301 Park Villa Place. PURPOSE: The purpose of this agenda item is for the City Commission to consider a request by Casa Park Homeowner's Association to remove (1) specimen (26 inch diameter) Live oak tree from the common area of the subdivision. CONSIDERATION: The specimen tree is located at the west side of 1301 Park Villa Place and within 15' (feet) of the foundation of the unit. The screened porch attached to the unit is approximately 5' (feet) from the tree base with roots potentially extending under the screen porch slab, this potentially causing a separation in the relief joint. APPLICABLE LAWAND PUBLIC POLICY On October 13, 2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. 121007 COMM Regular 601_Arbor Request Johansson 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 26" diameter Live oak tree appears to be in good condition and in normal health with a high potential of continued success. Visible damages resulting from normal root system growth, in this case, can be corrected with selective root pruning and sealing by a qualified Arborist using ANSI (A-300) Standards. 3) Visible damages to the screen porch appear to be minor and can be corrected by a Licensed Professional. Damages include a separation in the slab at a relief joint, a slight bow in an aluminum `kick plate', and the porch door is out of adjustment causing a problem with closure. STAFF RECOMMENDATION: Staff recommends the City Commission deny the request of Casa Park Homeowner's Association to remove a (26" in diameter) specimen Live oak tree located in the common area adjacent to 1301 Park Villa Place. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts). B. Photos of the unit located at 1301 Park Villa Place (PowerPoint Presentation). C. Plat map of subject tree location. COMMISSION ACTION: • ~' • ~ . ., . , i~~ SM~~ ' I~f~nr aid I'ar~a'~e~ . ~. . (a}' .l~pore. The ore oi?thie purp Chapterie to ~'tabli~hprotea~ve rogtilatians ihr Trae~ within . ~ the City in ordor to maintain and protoat~ the City Forest, to bar control pro6tem~ of flooding, soli oonve~atioa, air polludon and noieo,~aad to uia~o tha City a heattbior, mare attt'a4t~Y0 and safer pleas ~ whi0h t4 livo. . (b) Int~rst, The inte~.t of this Chapter is to enoouraga the protection of the max3murn number of 'T'rees within the Prlmary Trop Pmteattan Zane and o:f largo Spaatmen goes wlthin the Seovndary Treo Protection Zone. It"is fltrther the intent of this Chapter to encourage the proteodon ofTrees native to Central Flarlda ~~to encourage nro er removal of exotlo nest ' e , ~ --- To this end, it shall be unlawful to out down, damage, poison, orin auyother manner destroy or cause to be destroyed at~y Tree yr other vegetation as covered by tho provisions of this ~rnrdiir~cfl Ch Ater except in accordance with ihe, provisions set forth herein, ' (~` . S,~ecttrten ?fee. ~ Tree, other than auundeairabietree, ~.oturall unsound+~ep that ~~~ b~reaayered by prcuiin~ d$ad tree, or diseased tree, that ~ has a oaliver ~,f twenty, (~ .~ lnahes or more iri diameter. Sneaimen trees shall not nni~ ~ 1,~~,I O~ {per a o t ~ ins Pt a or ah o is al. ~(~ S"tern. The main frank of a plant; its primary axis that develops buds and shoots Instead of roots. ' SeG ~-4~ ` Permit Required far Tree Removal and Land Clearing; Separate Vivlatlans; _Criterlas Cantr~.c~.~'.~~u#re,~l., (a) Pet~rntt Requ.~red. Na Person shall engage in Tree Removal or engage in Laxid Clearing located within the City, wlthaut first obtaining a permit as provided in tlii~ Chapter. ~ ~~ owner has retained a contractor to erform the Land Clearing or Tree R~ntoy . l t le con for sh be res on ib o or ob the erne b e o I~,nd C1_AAriri ~r Tree Removat 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. TREE PROTECTION AND PRESERVATION See. 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- § 5-16 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. lf, 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 commiasion 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. (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. 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