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Home My WebLink About2003 01 21 Regular Q Specimen Tree Removal COMMISSION AGENDA ITEM Q CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X January~, 2003 Meetmg MIlT. ~ / fr Dent Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Mr. Louis Patricelli to remove 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 APPLICABLE LAW AND PUBLIC POLICY: On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed as attachments). Sec. 5-2. Intent and Purpose. Sec. 5-3. Definitions. Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. Sec. 5-8. Specimen or Historic Trees. 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: 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) 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. This area has been an existing playground for several years. The knees can be ground down to grade by a stump grinder. 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. A TT ACHMENTS: A. Ordinance 2002-08 (pertinent excerpts) B. Applicant's application C. Location map COMMISSION ACTION: '. ATTACHMENT A Ordinance '~'.:' ~~. WHEREAS, the City Commission of the City of Winter Springs, f'lorida, hereby finds this ordinance to be in the best interests of tile public health, safety, and welfare of tile citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLO\\'S: 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 Sec. 5-1. Applicability. This ordinance shall be applicable to all land lying in the incorporated area of the City of Winter Springs. Florida. ) Sec. 5-2. Intent and Purpose. W Purpose. The purpose of this Chapter is to establish protectiveregulations 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 o lace in which to live. ' ::;-..... y .au Intent. The intent of this Chapter is~o encourage the protection of the maximum number of Trees within the Primary Tree Protection Zone and of large Soecimen Trees within the Secondary Tree ~rotection Zone. It is further the intent of this .'. Chapter to encourage the protection of Trees native to Central Florida. .' 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 ordinance except in accordance with the provisions set forth herein. Notwithstanding. in case of emergencies involvin~ natural disaster such as. but not limited to. flood. freeze or other natural disasters. the reQuirements oftrus ordinance may be temporarily waived by the City Commission by resolution. City of Winter Springs Ordinance No. 2002-0R Page 2 of 19 ') (ml 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 in writing (ill Primary Tree Protection Zone. This shall mean the front, side and rear yard areas as established and required by the Land Development Code of the City as the same may. from time to time. be amended. (Q) Protected Area. An area surrounding a protected. Historic. 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. (Q} Protective Barrier. Shall be a 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 (18) 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. ;" ') (d Secondary Tree Protection Zone. This shall mean all areas not included in the' Primary Tree Protection Zone. Subdivision street rights-of-way and easements are . also defined as being within the Secondary Tree Protection Zone. c:t:' - 3 J (;G- :J W ~ Specimen Tree. A Tree. other than an undesirable tree. dead tree. or diseased tree. that is twenty (20) . inches or more in diameter. ~. ffi Stem. The main trunk of a plant: its primary axis that develops buds and .shoots instead of roots. \ 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) Transplant. The act of relocating an existing Tree upon the same lot. M 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 (15) feet. City or Wintcr SprinGS Ordinancc No. 2002-08 PaGc <1 of 19 .' (aa) .!QQ} (cc) Sec. 5-4. .w ~"-.. ~/ ~ 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 ofvehic1es. 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. .w 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 ofWinte~ Springs as provided in this Chapter for thereplacement of trees cut destroyed, or removed as a result of development or redevelopment. Tree Replacement Credit. The Tree. Replacement Credit shall be equal to one- hundred ($100.00) dollars and no cents in Tree replacement value. Tree Trunk. The main Stem of a Tree apart from limbs and roots. Undesirable Trees. All types of Trees identified as <<undesirable trees" in Appendix A ot-this Chapter as amended from time to time by the City Manager in writing. 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 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. .Qll. Criteria. Upon receipt of aeompleted application and verification on-site by the City Forester. a 'permit may be issued for Tree Removal tmder 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 prooerty in accordance with ~5-9 of this Chapter. City of Winter Springs Ordinance No. 2002-08... Page 5 of [9 Se.c5=-8 D2.l :;:::::-7 Sec. 5-9. w .;:'.'~ ~:;tl~':.:. \.:.':: . .!. Historic Tree designations shall be subiect to approval by resolution of the City Commission and the City Commission may grant tree rcplaccmcnt credits, upon granting an Historic-Trce designation. 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 apRroved by the City Commission. Tree Rcplacemcnt 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) da;s of removal or destruction unless a greater replacement period is provided for good cause by pennit. (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 0 Re lacement Trees. Re lacement Tree s are to be made accordin", to a standard of one (I") inch DBH total replacement for .each one (1") inch DBH removed. unless (1) the Trees are repl~ced w~th Trees from the Preferred Plant List: or (2) otherwise agreed upon bv the City Conunission 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 by the City Commission, if the City City of Winter Springs Ordinancc No. 200Z-oS PaGe II or 19 .. "": /~~!:::~:~.. v"" 1 ill Any new single-fanlily or duplex dwelling unit on a lot ofless than 6.000 square feet or greater: not fewer thall two (2) Trees. (Q} Any new single-family or dURlex dwelling unit on a lot of less than between 6.001 and 10,000 square feet: not fewer than three (3) Trees. W 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 Insgection. ful Restrictions During Construction. It shall be unlawful for any Person. during the construction of any structures or other improvements. to place solvents. paint or masonry materials. construction machinery or temporary soil deposits within the Dripline of any Tree for which a Tree Removal permit is required but has not been obtained. This provision includes soil that is placed in the Dripline permanently for the purpose of a grade change. unless the grade is changed according to the guidelines described in the Florida Division of Forestry. Department of Agriculture and Consumer Services Publication, Tree Protection Manual for Buildings and Developers. Burden of Tree Protection on Property Owner. It shall be the responsibility of a developer or applicant to ensure thatany Tree shown on the Tree inventory for which a Tree Removal permit has not been obtained is to be protected.. The property owner . shall guarantee survival of retained trees and Replacement Treesfor one (1) year from completion of permitted construction. unless a. greater time period is required by development agreement. If a retained or replacement Tree dies during that time period. the property owner shall replace the Tree in accordance with a remedial action approved under & 5-17 of this Chapter. M Protective Barriers Required. Posts shall be used as Protective Barriers to the roots and Trunk of every Tree on the parcel beingdeveloped. The posts shall be placed at points not closer than one..,half radius of the Driplineofthe protected tree~ unless the structure has been permitted by the City to be erected within the Dripline of a Tree with a wide canopy. Each section of the barrier shall be clearly visible (flagged with brightly colored plastic tape or other markers). No attachments or wires other than those with a protective or non-damaging nature shall be attached to any Tree. City or Winter Springs Ordinance No. 2002-08 Page 15 or I') ~w ,. ) @ Sec. 5-17. w " Cill Site [1I.nee/iolls, The Cit I Forester ma conduct eriodic ins ections of the site. [t is the resROllsibility (lCthe al2plicant to ensure that all provisions of this Chapter are 111 c t. Scc.5-15. VolunUlIl' Tr'cc Planting. Sec. 5-16. Waiver's and Appeals. Waivers. The City Commission may grant a waiver to provisions of tlus Chapter where the applicant demonstrates that the literal interpretation 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 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, 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 thi'rty (30) days of said inte;Pretation. Failure to file an appeal within said time period shall result in the administrative interpretation to be declared final. '[he City Commission shall decide said appeal within thirt 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 facemenl 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 Al21Jcndix 13 or four (4) Replacement Trces before issuance of a Cily or Willlcr SprinGS Ordill;t1ICC No, 2007.-()!l l'aGe I (j or I <J ~ - ~ "'iT -', ~ v ATTACHMENT B p \\ Code Enforcement CITY OF WINTER SPRINGS. FLORIDA 112eCE,,,eo 1126 EAST STATE ROAD 434 ~ WINTER SPRINGS, FLORIDA 32708-2799 Orr' {) 6 'lon1 Telephone (407) 327-1800 ~v Fax (407) 327-6695 KINGS NT!;;" tiP .. CITY O~~\I.til\Q - Mi~, ,... P...... , 'J \ " MUST POST PERMIT ON SITE'TO BE VALID " ARBOR PERMIT APPLICATION . , PROPERTY PLAT MUST BE ATTACHED INDICATING EXISTfNG T~ES AND , REPLACEMENT TREES , $' I ARBOR PERMIT NUMBER :200 20.2.3-0/ PERMlTFEE (~~~4() CONTR,ACTORI1 J!pl>a~T 7e'~ ['P/20eL .PHONE4~~?-~501t> HOMEOWNER: L Ot/I '-~ ?A7l1!: I ColE" L t.. I PHONE-:.ftJ7-3" a7 -77~7' . LOCATION: qL.f'7 SI.L.V..€~~pek 2J1i? #, LOT:~ BLOCK b. . SECTION . . UNIT_SlJB'=otI~jX9 ~~ SINGLE-FAMILYLOT V ~.DE 'LOPMENT . (nu cr -c ,,-(/'S' NUMBER OF TREES TO BE CUT LAND CLEARING .. GS S- --:- CITY OF WINTER SPRIN I certify those trees to.be wt fit into o.ne of the fullowing categories as Checked:. .d- . (I) Trees located on building and construction sites, and to be replace '?f.e ~ /lwrlJE If/ k (2) Trees within len. feet of p~~sedor exis '.. structures n to be replaced 11. JJ p. J I (3) Trees severely diseased or Injured. r dea' 11" ~1L j ~, . (4) Trees that will interfere with provi" . above-ground utility i.nstallatlons fG/)~ '-:J;3 . ' (5) Trees that have been approved by the City Forester to be replaced elsewhere ~I ~ " on the property by tress equivalent to those to be remoVf~lILIVE***.REFRESHED 11/15/ f\IIf~ ~~ ... .', UISCELLANEOUS CASH RECEIPT ~ (6) Trees that are exotIC, lfIvaSlve specIes (EPPC #1) Date / Tille ' : 11/21/82 11:12 ' , , . ,PaYI~nt :$55.88 ' ( ~ 1 her~y acknowlcdgc that thc above informatio~ ,is correct an? agr~~~~I~form to ih~g~18 V" \' ty of ~inter Springs zo~\ing rcgula~ions an~ bu.il~ing code~.. I ~h&rh if any pu~~scano ~ property IS damage~. I Will restore It to the ongllial condItIon. I (\~rcc thaI tllIsATRICELU, LOUIS application allows the forestcr to cnter my property for lhc purposes of il1spoc( ion. ,- .......--.- ... I CERTlFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITHIN 90 DAYS FROM DATE OF TillS APPLICATION. I WILL BE RESPONSIBLE FOR ARRANGING REINSPECTION. IF NECESSARY. APPLICANTS ~ . NAME Ln(l/!::. '7J/l TI2IGi:.LL ( SIGNATURE - ....t/d~ (please print) ....; __ NOTE:AlI 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. APPROVEO WITH THE FOLLOWING CONDITIONS: C ~ ~ r- NO ~~~S. EW# WINTER SPR\NGS - C\TY OF 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. FORES REINS E YES WI, Winter Springs is a designated 'TREE CITY USA" by the National Arbor Day Foundation. .. .r PAGE(Sl 39-4-1 OF THE PUBLIC RECORDS OF 5c/'rf/#CJC. c- r~l .(11"(44 7/ C.REEk RDED IN PLAT BOOK /2 p ;;-~(o./ '~tJ ~ r----: "v' ., \.;\ t:.\ . . i 5/L VEl< i I 1<::1 t: S Pd. .oK/ v~ - ~ 1010 /. R. c..r6'~o' ........ o.IZ''# <:......... ... "f\ ~ ' ~ J?:63503' L:95/71 .d;:'080.Y.5~/40 t\J ~ ~ ~''e-. ~ ? ~ "l t ~ ! ~ I ~ I ~ I ,T::! I V:l ~1 \Y~~ (\~ . .1 ~; /' ~2c,1 ,.J!: ~C./Rt1N Rap" I /~N&.~.,.J/.5/"" (o.~f~~~ I ~ .,' ~~ ~. _.0'>> ~~"'-"t::.<!'"""" /::. 20. \8~ 'J8 F/~ / ~6 / '-:..~/,/ I , -- ---"30.:3 5 LLt. I,I!. , p '.J2~ " - 1.., / ?R:PERIY UES nl ZCNE K C" .M. CO'MNI'IY P ~ NtfoBE:R ':5"' ~D,,5 t:: tw'ED /-/$-8:z. "RICH, TROTTER, - ...--..... ._.~ t;()NC. N D~/VE \0 ~ "l ,.; " ~ 't~ ~~ ~\ '"\ I, ~ ~~ . , ~ .,.". ~ 27...1..1' ,., Q I~ ./ .s-' .. " / \5/(J~ Y C(J/VCREr~ B~O C &;: ,;e:-/ ~ k'" R E..s. EL.EV. 7" ~LOO~ .5' G. 7 4 ~ 2c"..?..!," "i ~ I /4 ' ..~ , '" \). 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J.7 QU. \611 '.6/9 ,631 ,635 I , ' MARLIN RD 644,~,~'~J~I~I~,- 66.~~ ~/7\ 640 1642 , I I I I I I ~ ~ ,1 I I I I 1 1 '. \ \ ' l' I r 1 1 1 ' , -' - r _1 - - -' - -I - 1- .... I 1 I' -'1'---',- " 1 I -1- -r..l-_-.l_-- , 1 _-.1,.- ' ,'\ \ I \ , ' I , ' I 1 \ \ I \ , I 1 , I , 1 \ \ 16/61 61S1 6201 622.6241626' 62S'630 1632 \ \ 612 \ 6/4' ' I 1 60S \ 610 BONITA RD 6/5,6171619162/1623' 625 I 627. r~91 6.~~1 6/3 \ I 1 I I I I Q~ 'oJ , , 1 ' I I I I I , \ , I I I I , I I \ .I. ' I' ... - .,. .J - -I -' - - ~I - _.... I I \ . _ 1_ I I" - - - 1 - ,. - -' - - - - \..""\ _ ,I I I 1 \ , 1 I' " I I ' I , r'J ,I \ u~'4 I 626, 62S 1 630 '632 \ 634 I ATTACHMENT C '... I --. 32 I I I I , , I I -, I , I , _ J , I - ~ I \ _ _ 1 I '9 , - - , ')7 \ --"\ fJ5 \ I - - - I 03 ' , 602 - - - - /25,' 135 , , _ J - - - -, I , I _---..J - - - 221 ---, \.. - -- 223 - -- --- I \ I \ '366 ' - --, 225 ---- -t --- 6 227 --- (ft --- ';0 229 O ---... -- . I , I l!~~ - - !, ,367 , 9 \ JJl 'J33 I , I ~ -- ..J-- , \ ~- ..365 \ - -'- - - 231 ... - - - 233 - - -. 235 - - - \ \ \ _1' \ 63 , ,-----' , \ L. ,639 ' , 63.5 \ 637 \ , \ I , \ \ I \ --~---,---- ..- "". \" ..,. .. 3 ----,-- _-----r-...,-- , _.,----- I I \ - - - I I ContinuedPg2431 I 4 .. 5" _-r" ----- , , I I ~ 2 .. 6 -L.. NOTES: