HomeMy WebLinkAbout2003 01 13 Regular Q Specimen Tree Removal
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COMMISSION AGENDA
ITEM
Q
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
January 13, 2003
Meeting
Mgrr/~ePt
Authorization
REQUEST:
The Community Development Department Arborist recommends the City Commission consider
the request of Mr. Louis Patricelli to remov~ 1 specimen bald cypress, approximately 23 inches
in diameter.
PURPOSE:
The purpose of this agenda item is for the City Commission to consider Mr. Patricelli's request
to remove a specimen (23 inch diameter) bald cypress tree at 647 Silvercreek, as required by
Section 5-8 of the City Code of Ordinances. The specimen tree is located in the back yard about
ten feet from the property rear line. The applicant states that he wants to make a playground for
the grandchildren. He has stated a willingness to replace the tree.
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On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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).
See. 5-2. Intent and Purpose.
See. 5-3. Definitions.
Sec. 5-4. Permit Required for Tree Removal and Land Clearing;
Separate Violations Criteria.
Sec. 5-8. Specimen or Historic Trees.
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January 13, 2003
REGULAR AGENDA ITEM Q
Page 2
Sec. 5-14. Tree Protection During Development and Construction;
Periodic Inspection.
Sec. 5-16. Waivers and Appeals.
FINDINGS:
I) 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) Approximately November 19,2002 the City issued a permit at this location for the
removal of one dead tree and four living trees from the site. The tree in question
under the current application was included in that previous application. Removal of
the tree in the prior issued permit was denied due to a finding that removal could not
be recommended under the provisions of the Tree Ordinance at that time.
3) In this application the applicant states that the owner wants this same tree removed
for the following reasons:
a) The tree is preventing the owner from sodding the yard.
b) Leaves from the tree make a mess in the yard.
c) The cypress knees stick up from the ground and may harm children playing.
Sodding The Yard Based upon Staff review it does not appear that preservation of the tree
will prevent sodding of the yard.
Leaves Leaves may be considered a nuisance. Leaves do not have to
be cleaned at all. In this and other situations where the owner desires to
keep the lawn clean of leaves, this can be done by normal maintenance
practices without necessitating any damage to the tree.
Public Safety Staff analysis of the site in this application does not reveal any evidence of
any public safety issues caused by the tree. In time, lower limbs on this
tree may need routine pruning from time to time. Tltis area has been an
existing playground for several years. The knees can be ground down to
grade by a stump grinder.
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January 13, 2003
REGULAR AGENDA ITEM Q
Page 3
Conclusion
Staff's review of this application concludes that the applicant's request is
based upon convenience and personal preference issues that do not
constitute verification of extraordinary circumstances nor hardship.
STAFF RECOMMENDATION:
Based upon staff's review of the facts related to this application, Staff recommends that the City
Commission deny the request to remove the 23 inch diameter specimen bald cypress tree from
647 Silvercreek.
ATTACHMENTS:
A. Ordinance 2002-08 (pertinent excerpts)
B. Applicant's application
C. Location map
COMMISSION ACTION:
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ATTACHMENT A
Ordinance
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WHEREAS, the City CommIssion of the City of Winter Springs, florida, hereby finds this
ordinance to be in the best interests of tile public health, safety. and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Repeal of Prior Chapter 5. The City of Winter Springs Code, Chapter 5, is
hereby repealed in its entirety. A copy of Chapter 5 is attached hereto as Exhibit ('A" for rererence
purposes to indicate the provisions hereby repealed.
Section 2. New Chapter 5 Created, A new Chapter 5 of the City of Winter Springs Code
is hereby created as follows:
CHAPTER 5 - TREE PROTECTION AND PRESERVATION
See. 5-1.
Applicability.
This ordinance shall be ap-plicable to all land lying in the incorporated area of the City of
Winter Springs, Florida. . ,
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Sec. 5-2.
Intent and ,Puq~ose.
W Purpose. The purpose oftms Chapter is to establish protective regulations fOT Trees.
within the City in order to maintain and protect the City Forest. to better control
problems 9fflooding, soil conversation. air pollution and noise., and to mak~ the City
a healthier. more attractive and safer olace in which to. live. '
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ill Intent. The intent of this Chapter is~o encourage the protection oCthe maximum
number ,of Trees within the Primary Tree ProteCtion Zone and of large Specimen
Trees within the. Secondary Tree ~rotectibn Zone. It is further the intent of this
", Chapter to encourage the protection of Trees native to Central Florida.
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To this end. it shall be unlaWful to cut down. damaJ!e. poison. or in any other manner
destroy or cause to be destroy.ed any Tree or other vegetation as covered by the.
provisions ohms ordinance except in accordance with the orovisions 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 ordinance
may be temporarily waived by the City Commission by resolution.
Cily or Winler Springs
Ordinance No, 2002-0R
Page 2 or 19
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D:nl Preferred Plant List. Preferred Plant List shall mean the list of plant materials and
corresponding Tree Renlacement Credit shown in Appendix "e", which may be
amended from time to time by the City Manager io writing,
(ill Prif1lGrv Tree Protection Zone, This shall mean the front. side and rear yard areas as
established aod required by the Land Development Code of the City as the same may.
from time to time. be amended,
{Ql Protected Area, An area surrounding a protected. .H:istoric. or Specimen Tree within
which physical intrusion is prohibited in order to prevent damage to the Tree. roots
and soil around the Tree base. the dimensions of which shall be established by the City
and set forth in the Tree Removal permit. in according with Section 5-14,
ill} Protective Barrier. Shall bea circle of one-inch to two-inch wide stakes spaced a
maximum of eight (8) feet from each other at the perimeter bf the Tree Protection
Zone and which extend out of the ground at least eighteen (I8) to twenty-four (24)
,inches. with the top two (2) to four (4) inches marked by flourescent orange paint or
tape,
{g} Replacement Trees. Replacement Trees shall at a minimum comply with the
provisions of Subsection 5-9.
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Secondary Tree Protection Zone. This shall mean all areas not included in the.
Prima()' Tree Protection Zone. Subdivision street rights-of-way and easements are
also defined as being within the Secondary Tree Protection Zone,
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Specimen Tree. A Tree. other than an undesirable tree. dead tree. or diseased ttee.
that is twenty (20) inches or more in diameter.
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Stem. The main trunk of a plant: its primary axis that develops buds and ,shoots
instead of roots.
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. M Topping. The severe cutting back oflimbs within the Tree's crown to prevent normal
growth to such a degree so as to remove the normal canopy and disfigure the Tree.
(y} Transolant. The act of reloC-.:'lting an existing Tree upon the same lot.
Utl' Tree. Self-supporting wood. perennial plants of species which have a trunk with a
diameter of at least four (4) inches measured at Caliper and normally grow to an
overall Crown height of a minimum of fifteen (l5) feet.
City of Winter SprinGS
Ordinance N<f, 2002-0&
Page 4 of 19
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uu t~ee,Protection Zone. Shall mean that area located around the perimeter of the Tree
in w:hich no activity such as clearing. filling, excavating, storage of materials, parking
ofveh:icles. or any other activity that in the opinion of the Forester may ~amage the
Tree may occur. This zone is calculated according to Appendix 0 to this Ordinance.
fy) 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 Assessme~t shall mean the total
amount ofmonetary 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.
(QQ} Tree Trunk. The main Stem of a Tree apart from limbs and roots.
(cc) 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
Permit Required. No Person shall engage in -Tree Removal or engage in Land
Clearing located Withinthe 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.
Criteria.. Upon receipt ofaoompleted application and verification on-site by the City
Forester. a pennit may be issued for Tree Removal under the following conditions:
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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.
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Trees located within ten (l0) feet of a structure or other improvement.
provided said Trees are replaced elsewhere on the property in accordance
with ~5-9 of this Chapter.
Cily of Winter Springs .
Ordinance No. 2002-08..,
Page 5 of 19
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Sec. 5-9.
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Historic Tree designations shall be subiect to approval by resolutio'n
of the City Commission and the City Commission may grant tree
replaccmcnt credits. upon granting an Historic-Tree designation.
Removal. Notwithstanding any other provision of this Chapter. Specimen or
Historic Trees shallllot be removed except for extraordinary circumstances
and hardships and only by final permit approved by the City Commission.
Tree Renlacement Guidelines.
@l 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 pro~erlY
approved by the City Forester. Replacement shall Occur within ninety (90) da_s 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.
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Size 0 Be lacement rees. e lacement Tree S are to be made a ~ rdin
to a standard of one (1 Cf) inch DBH total reolayeme9t foreach one (I,j) incb
DBH removed. unless (1) the Trees an~ replaced with Trees from the
.Preferre~ Plant List or (2) oth~se a~.ed u:n b.v ~ Gitv Commi~s~o.n
anQ apphcant. Acceptable sgacll1g and, d~um s .. dards are the only chtena
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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.
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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 oroperty'
owner. The City shall retain perpetual iurisdiction to ensure comoliance with.
this Chapter.
Waivers 0 Re lacement Tree s S eci rcations. The number of r uired
Replacement Trees may be waived by the City Commission, if the City
City of Winter Springs
Ordinan<x No. 2002-08
Pace 11 of I <J
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Any new single-faniily or duplex dwelling unit on a lot ofless than 6,000 square feet
or greater: not fewer than two (2) Trees,
Any new single-family or dURlex dwelling unit on a lot ofless than between 6,00 I and
10,000 square feet: not fewer than three (3) Trees,
Any single commercial. industrial, multi-family or other structure requiring site plan
approval under the City land development regulations: no fewer than five (5) Trees
or approximately three (3) Trees per acre, which ever is greater.
Sec. 5-14.
Tree Protection During Development and Construction; Periodic
Inspection.
Uti Restrictions During Construction. It shall be unJ awfu I for any Person. during the
construction of any structures or other improvements, to place solvents, ~aint or
masonry materials, construction machinery or temporary soil deposits within the
Dripline of any Tree for which a Tree Remo"aI permit is required but has not been
obtained. This provision includes soil that is placed in the Dripline pennanently for
the purpose of a grade change, unless the grade is changed accordingto the guidelines
described in the Florida Division of Forestry. Department of Agriculture and
Consumer Services Publication, Tree Protection Manual for Buildings and
Developers.
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Burden of Tree Protection on Property Owner. It shall be the responsibility of a
developer or applicant to ensure thaLany Tree shown on the Tree inventory for which
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aTree Removal permit has not been obtained is to be protected._ The property owner
shall guarantee survival of retained trees and Replacement Trees for one. (I) year from
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completion of remitted construction, unless a ro:eater time period is r~uired by
developmentagreelllent. If a retained or replacement Tree dies during that time
period. the pfoperty owner shall replace the Tree in accordance with a remedial action
approved under & 5.,.17 of this Chapter.
{0 Protective Barriers Required. Posts shall be used as Protective Barriers to the roots
and Trunk of every Tree on the parcel being'developed, The posts shall be placed at
points not closer than one.,half radius of the Dripline of the protected tree, unless the
structure has been pennitted by the City to be erected within the Dripline of a Tree
with a wide canopy. Each section of the b~.rrier shall be clearly visible (flagged with
. brightly colored plastic tape or other markers). No attachments or wires other than
those with aprotective or non-damaging nature shall be attached to any Tree. '
City or Wi nlcr Springs
Ordinancc No. 2002-08
Page 15 or (I)
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Sec. 5-17.
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Sec. 5-15.
Volulltall' Tl'ce Planting.
Sec. 5-16.
Waiver's and Appeals.
Waivers. The City Commission may grant a waiver to provisions of this Chapter
where the applicant demonstrates that the literal interpretatton of the ordinance will
den the a licant reasonable use of the' ro ert or where such waiver can be
demonstrated to be-conSIstent with the purpose and intent of the ordinance. The
reservation of an a roved Tree over four 4 inches in cali er ma be consider ":
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.
A 'eals. An Person adversel affected b an administrative inte ~ retation of this
Chapter may appeal that interpretation to the City Commission by filing a. written
notice of appeal of said interpretation within thi'rty (30) days of said inteq;retation.
Failure to file an appeal within said time period shall result in the administrative
interpretation to be declared final. 1'he City Commission shall decide said appeal
within thi t 30 da s of the Cit 's recei t of said notice of a eal and the Ci
. Commission's decision shall be final.
Remedial Action.
(Q} Re facement Formula. Each Tree destro ed or receivin ma'or dama e durin
construction must be replaced by either a comparable size and desirable type of Tree
as listed within ApJ}clldix D or four (4) Replacement Trees before issuance of a
City of Winler SprinGS
Ordinilllce No, 2007.-0R
('aee 1(, 0 f I <)
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Code Enforcement
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ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIOA
IOe,CEI"\fED 1126 EAST STATE ROAD 434
~ WINTER SPRINGS. FLORIDA 32708-2799
DEe 0 6 2002 Telephone (4P7) 327-1800
Fax (407) 327-6695
" , ' .' \iP~ING$
-rv of INII'ne~Mi~' ,,,.'
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MUST POST PERMIT ON SITE'TO BE
VALID
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I CERTlFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITHIN
90 DAYS FROM DATE OF THIS APPLICATION. I WILL BE RESPONSIBLE FOR
ARRANGING REfNSPECTION, IF NECESSARY.
APPLICANTS ~ .
NAME L/')(J/~ '~A-TI2Ic.c:LLt-SIGNATURE - ~d.t:
(please print) ..; ._
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NOTE:AII lots or addresses must be marked so as to be easily identified. For
undeveloped lots, the lot lines and construction pad must be clearly staked.. I For
landclearing or undeveloped lots, a tree survey of ALL trees over 4" caliper must be
submitted. Please indicate the preventative measures that will be used, to protect existing
trees during construction. If an appointment needs to be scheduled for inspection due to
limited access, (fence. dogs. etc.), please call 327-1800,ext. #327.
'APPROVEP WITH THE FOLLOWING CONDITIONS:
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'NO ~~~S,
BP# - W\NTER SPRINGS
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All trees, whether for replacement or installation, MUST be at least a Florida Grades and
Standards Number 1. Tree species designated by the Exotic Pest Plant Council as exotic
and invasive may not be used as replacement plantings. All planted trees MUST survive
for"at least one full year or be replanted.
FORBS '
REINS E
YES ~h
Winter Springs is a designated "TREE CITY USA" by the National Arbor Day
Foundation.
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