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HomeMy WebLinkAbout2002 08 26 Regular E NEW Tree Replacement COMMISSION AGENDA ITEM E CONSENT I INFORMATIONAL PUBLIC HEARING REGULAR X August 26, 2002 Meeting Mgr!-- / / ~ePt Authorization REQUEST: The Community Development Department Arborist recommends the City Commission considers the request ofMr. William Hobbs to remove an approximately eight (8) inch pine tree without paying for an arbor permit or replacing the tree. PURPOSE: The purpose of this agenda item is for the City Commission considers the request ofMr. Hobbs to remove an approximately eight (8) inch pine tree that touches his house at 703 Woodlawn Drive without paying for an arbor permit or replacing the tree (either on-site or as a monetary replacement to the City). APPLICABLE LAW AND PUBLIC POLICY: On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed as attachments). Sec. 5-4. Permit Required for Tree Removal and Land Clearing: Separate Violations; Criteria Sec. 5-9. Tree Replacement Guidelines. Sec. 5-16. Waivers and Appeals. Resolution No. 2001-45 (fees) CONSIDERATIONS: In his letter of June 21, 2002, the applicant sets forth his request and the associated reasons (please see attached). City staff has advised the applicant of the need to remove the tree over the course of several years. The new arbor ordinance provides that the City Commission may grant a waiver from the conditions of the City's arbor regulations where the applicant demonstrates that the literal interpretation of the ordinance will August 26, 2002 REGULAR AGENDA ITEM E Page 2 The new arbor ordinance provides that the City Commission may grant a waiver from the conditions of the City's arbor regulations where the applicant demonstrates that the literal interpretation of the ordinance will deny the applicant reasonable use of the property or where such a waiver can be demonstrated to be consistent with the purpose and intent of the ordinance. Staff does not find the request consistent with the waiver criteria. ST AFF RECOMMENDATION: Staff recommends that the City Commission deny the request to waive the fee and replacement requirements, since the request is not consistent with the waiver criteria set forth in Section 5-16, as promulgated in Ordinance No 2002-08. A TT ACHMENTS: A. Ordinance 2002-08 (pertinent excerpts) B. Applicant's letter requesting tree removal COMMISSION ACTION: :ATTACHMENT A ill Tree Protection Zone. Shall mean that area located' around the perimeter of the Tree in which no activity such as clearing. filling. excavating. storage of materials. parking of vehicles. or any other activity-that in the opinion of the Forester may damage the Tree may occur. This zone is calculated according to Appendix D to this Ordinance. ill Tree Removal. Shall mean any act which will cause a Tree situated on real property to die within a period of two (2) years from the time of the act including. but not limited to. by cutting. girdling. relocating. interfering with the water supply. applying chemicals. regrading around the base of the Tree Trunk. i W Tree Replacement Assessment. Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs as provided in this Chapter for the replacement of trees cut. destroyed. or removed as a result of development or redevelopment. (aa) Tree Replacement Credit. The Tree Replacement Credit shall be equal to one- hundred ($100.00) dollars and no cents in Tree replacement value. ebb) Tree Trunk. The main Stem of a Tree apart from limbs and roots. fffl Undesirable Trees. All types of Trees identified as "undesirable trees" in Appendix A of this Chapter as amended from time to time by the City Manager in writing. Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations; Criteria W 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. 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. (Q} Criteria. Upon receipt of a completed application and verification on":site by the City Forester. a permit may be issued for Tree Remo~tmaer the following conditions: ill ' Trees located on building and construction sites as shown on City approved plans. provided said Trees are replaced elsewhere. on the property in accordance with &5-9 of this Chapter. ill Trees located within ten (IO) feet of a structure or other improvement. provided said Trees are replaced elsewhere' on the property in accordance with &5-9 of this Chapter. City of Winter Springs Ordinance No. 2002-08 Page 5 of 19 " ill Trees severely diseased, severely iniured or dead. ill Tr~es that interfere with the construction or repair of public utilities, ill Undesirable Trees, per Appendix A. (Q) Trees removed by the City or other governmental agency and which are located within a public road. drainage rights-of-way. or pennanent utilities and drainage easements. ill Trees that have been approved by the City Forester and which shall be replaced elsewhere on the property. 00 All Trees and plants. within a licensed Tree nursery. planted for harvest shall be exempt from the tenns and provisions of this Chapter only if Trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. UD. Review Standards. When making a detennination on whether to approve or deny an application under this Chapter. the City Forester shall apply one (1) or more of the following standards of review deemed relevant: ill Necessity to remove Trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services and public easements through Encroachment. ~-"m Necessity to remove Trees which pose a safety hazard to buildings and other improvements on a lot or parcel ofland. ,ill Necessity to remove diseased Trees or Trees weakened by age. stonn.' fire or other iniury that pose a safety hazard to people. buildings or other improvements on lot or parcel of land. ill The extent to which Tree Removal is likely to result in damage to the property of other owners. public or private. including damage to lakes. ponds. streams. or rivers through runoff or erosion. ill Any proposed landscaping including plans whereby the applicant has planted or will plant Trees to replace those that are proposed to be cleared. @ Topography of the land and the effect of Tree Removal on erosion. soil retention and the diversion or increased flow of surface water. City of Winter Springs Ordinance No. 2002-08 Page 6 of 19 See. 5-9. ill Historic Tree designations shall be'subiect to approval by resolution of the City Commission and the City Commission may grant tree replacement credits. upon granting an HistoriC'Tree designation. ill 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. Tree Replacement Guidelines. .ill} Tree Replacement. All Trees that are removed or destroyed and subiect to replacement by this Chapter shall be replaced by a species of Tree cited in Appendix B. Desirable Trees or Appendix C. Preferred Plant List or such other Trees properly approved by the City Forester. Replacement shall occur within ninety (90) days of removal or destruction unless a greater replacement period is provided for good cause by permit. (Q) Criteria for Replacement Trees is as follows: ~.._.. ~ ill Characteristics of Replacement Trees. The replacement Tree( s) shall have at least equal shade potential. screening properties. and/or other characteristics comparable to that of the Tree(s) requested to be removed. ill Size of Replacement Trees. Replacement Tree(s) are to be made according to a standard of one (1 If) inch DBH total replacement for each one (I If) inch DBH removed. unless (1) the Trees are replaced with Trees from the Preferred Plant List: or (2) otherwise agreed upon by the City Commission and applicant. Acceptable spacing and, design standards are the only criteria that shall limit the number of Trees used to meet the inch for inch requirement. ill Tree Species. Relocated or Replacement Trees shall include only species defined as Desirable Trees (Appendix B) under this ordinance. ill Transplanting and Maintenance Requirements. All Trees transplanted pursuant to this ordinance shall be maintained in a healthy. living condition. Any such Trees which die shall be replaced and maintained by the property owner. The City shall retain perpetual iurisdiction to ensure compliance with this Chapter. " ill Waivers of Replacement Tree(s) Specifications. The number of required Replacement Trees may be waived bv the City Commission. if the City City of Winter Springs Ordinance No. 2002-08 Page 11 of 19 , ,@ Site lnsoections. The City Forester may conduct :periodic inspections of the site. It, is the responsibility of the applicant to ensure that all provisions of this Chapter are met. Sec. 5-1 S. Voluntary Tree Planting. This Chapter shall not be interpreted to restrict. regulate or limit the voluntary planting of an X Tree within the City. The provisions of this Chapter govern only the planting of Trees which are required to be planted or retained under this Chapter: No tree or plant shall be glanted within a City rights-of-way or easement- without express permission from the City Forester. See. 5-16. Waivers and Appeals. w.- ....-- ill See. 5-17. -Waivers. The City Commission may grant a waiver to provisions of this Chapter where the applicant demonstrates that the literal interpretation of the ordinance 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 ordinance. The preservation of any approved Tree over four (4) inches in caliper maybe 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 detenrunation 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, Appeals. Any Person adversely affected by an administrative interpretation of this Chapter may appeal that interpretation to the City Commission by filing a written notice of appeal of said interpretation within thirty (30) days of said interpretation. Failure to' file an appeal within said time period shall result in the administrative interpretation to be declared final. 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. Remedial Action. 00 Violations Require Remedial Action. Where violations of this Chapter have occurred. remedial action shall be taken to restore the property consistent with a restoration plan approved by the City Forester. 'The restoration plan may require Tree .' replacement at not more than a ratio offour to one (4:1) and require mitigation of any , other damage to the property. as well as Tree replacements. .au Replacement Formula. Each Tree destroyed or receiving maior damage during construction must be replaced by either a comparable size and desirable type of Tree as listed within Appendix B or four (4) Replacement Trees before issuance of a City of Winter Springs Ordinance No. 2002-08 Page 16 of [9 Hnbbs 4076296972 07/02/02 01142pm P. 008 '!~~! ATTACHMENT B 6/21/2002 Wm, K. Hobbs Post Office Box 941482 Maitland, FL 32794-1482 Mike Mingea, Environmental Services City of Winter Springs ] 126 E, State Road 434 Winter Springs, FL 32708 Re: 703 Woodlawn Dr. Wildwood, S, Side Shepard Road. Dear Mike, I've talked with you before, I believe, and perhaps you'll remember me when we meet, Reason for bothering you is that I have at the above referenced property a largish Pine tree on the left side of the house that has, over the years, grown into the side of the roof eave and soffit area. It is currently pushing in on the fascia board (about to crack) dislodging and bending the Z-flashing, and pushing up the roofing shingles. Serious damage is not too far off. The yard is quite small, front and back, and there is another full-sized Pine tree not yet and hopefully unlikely to grow to touch the house just a few feet away from this infringing tree. There is another 'ornamental' tree to the right rear of the property that is full-sized as well. There doesn't appear to be adequate space to place another tree, even a small one that would not create an unsightly clutter in either the front or back yard of this property. Since I didn't plant the offending Pine and since it is at the point of destruction of property, not to mention a hazard in a high wind situation vis-a.-vis the house root: I would hope you will consider waiving a requirement to replace the tree or pay to have another tree placed somewhere else. This situation is not of my creation, nor is it a matter of personal aesthetic preference. It is required to preserve the integrity of the roofat that location and the structural soundness of the property. ., Of course, any tree removal will be properly permitted and done by professionals to ensure safety of both my and neighboring property. OfIate., I have been using A Tree Pro Services, Ine" who i~ accOrding to his card, a Certified Arborist. Lie. #SO-1319. They have done several jobs for me lately in Altainonte, Orlando, Orange County. I feel comfortable that they have the expertise and equipment to make a safe, fast job of this situation. Hnbbs 4076296972 07/02/02 01:42pm P. 004 r: I" '? . Ifthere is a fonn, other than the permit, would you be kind enough to fax it to me at 407 629-6972. Please take a quick look at the offending tree, the yard, etc. and let me know your thoughts. The property is now vacant and I will be doing maintenance and some upgrading during the next couple of weeks, so time is of the essence for me. I would much prefer to have this handled while it is vacant rather than with a tenant family in residence, I still am planting Tabebuias here, there, and yonder, stiH giving away seedlings to whomever might want one, The ones up in Deland are doing well, as well as a couple down in Kissimmee area. rve managed to talk two of my neighbors into planting the pink ones instead of the yellow (for my pleasure, if you must know), but the yellows seem to get all the attention as they are so vibrant. If you can talk the powers that be at City Hall, I'd be happy to bring a couple up there for that largish space in front of the building, I can just imagine how beautjfully colorful they will be in a few years. Give me a call at home 407 -629-2972, or on my cell at 407920-2440. 11~ gards, ~~ William K (Deacon) Hobbs "