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HomeMy WebLinkAbout2003 01 21 Regular S Specimen Tree Removal COMMISSION AGENDA ITEM S CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X ;L~ January, 2003 Mtiting Mgr. r I ~ept Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Mr. Michael Gerken to remove 1 specimen pond pine, approximately 26 inches in diameter. PURPOSE: The purpose of this agenda item is for the City Commission to consider Mr. Gerken's request to remove a specimen (26 inch diameter) pond pine tree at 1114 Shadowbrook Trail, as required by Section 5-8 of the City Code of Ordinances. The specimen tree is located in the back yard about fifteen feet from the house. The applicant states that he wants to remove the tree because the owner does not like it and the pine needles make a mess. 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 APPLICABLE LAW AND PUBLIC POLICY: On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed as attachments).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. 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 S 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 two months ago the owner at this location requested the removal of two trees from the site. The tree in question under the current application is the 26 inch pond pine. Removal of the tree 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 owner does not want a pine tree in his back yard. b) Pine needles from the tree make a mess in the yard. Sodding The Yard Based upon Staff review it does not appear that preservation of the tree will prevent normal use of the property. Pine Needles Pine needles may be considered a nuisance. Pine needles do not have to be cleaned at all. In this and other situations where the owner desires to keep the lawn clean of needles, 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. January 13, 2003 REGULAR AGENDA ITEM S Page 3 Conclusion Staffs 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 26 inch diameter specimen pond pine tree from 1114 Shadowbrook Trail. ATTACHMENTS: A. Ordinance 2002-08 (pertinent excerpts) B. Applicant's application C. Location map COMMISSION ACTION: '. ATTACHMENT A Ordinance ./1, WHEREAS, the City CommIssion of the City of Winter Springs, rlorida, hereby finds this ordinance to be in the best interests of the 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 "Al> 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. .I W Puroose. 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. .. ~ -r ill 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 ~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 hef(~in. 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. City of Winter Sprin~s Ordinallce No. 2002-0R Page 2 of [9 , {g} 'I I D:l ~~ 5'- 3 w ~ ffi (ml Preferred Plant List. Preferred Plant List shall mean the list of plant materials and corresponding Tree Replacement Credit shown in ApQendix "C", 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 Rrohibited 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. (Ql 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 of 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. Replacement Trees. Replacement Trees shall at a minImUm comply with the provisions of Subsection 5-9. 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. -Specimen Tree. A Tree. other than an undesirable tree. dead tree. or diseased tree. that is twenty (20) -inches or more in diameter. .... Stem. The main trunk of a plant: its primary axis that develops buds and shoots instead of roots. \ . !ill 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 uoon the same lot. 6Y} 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 (I5) feet. City of Winter SprinGS Ordinance No. 2002-0R PaGe 11 or [9 .6U T~ee Protection Zone. Shall mean that area located around the perimeter of the Tree in which no activity such as clearing, filling. excavating, storage ofmaterials..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 0 to this Ordinance. (yl Tree Removal. Shall mean any act which will cause a Tree situated on real property to die within a period of twb (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 the replacement ofttees 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. .iliQ} 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 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 oerson is engaged in Land Clearing without a permit. ~" ---7/ au Criteria. Upon receipt of a completed 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 (10) 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 Winler Springs Ordinance No. 2002-08,. Page 5 of 19 Je.c ,(i 8 (Q} ~7 Sec. 5-9. w .~'''.'~'.:::f:j~::' . \.:_":: . 1 .. Historic Trcc designations shall be subiect to approval by resolutio.n of the City Commission and the City Commission may grant tree replacelllent credits, upon granting an HistoricTrce 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 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 orsuch 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 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 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 (IIi) inch DBR. removed. unless (l) the .Trees are reolaced w~th 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. ffi .' 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 oerpetual jurisdiction 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 Cily of Winler SprinGS Ordinancc No. 2002-0& l'aGe II of 19 ';:':'7~~~:::::;.. ill Any new single-faniily or duplex dwelling unit on a lot of less than 6,000 square feet or greater: not fewer than two (2) Trees. .{' (Ql 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. . 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 Inspection. ill 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 ortemporarv 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 that.anyTreeshown 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 Trees for one (I) 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 propertvownershall reolace the Tree in accordance with a remedial action approved under & 5-17 of this Chapter. (g) 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 piaced at points not clos.er than one.,half radius of the Dripline of the 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 attacrunents or wires other than those with a protective or non-damaging nature shall be attached to any Tree. City of Winter Springs Ordinance No. 2002-08 Page 15 of 1<) .. ~w / ') {Q} Sec. 5-17. fill (Q} " Sec. 5-15. VOIUIlUlIl' Tecc Planting. Sec. 5-16. Waiveros and Agpcals. 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 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 preservation of any apRroved 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 requestfor 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 b; filing a written notice of appeal of said interpretation within thi'rty (30) days of said inte~retation. 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 lacement 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 Al2lJcndix I3 or four (4) Replacemcnt Trces before issuance of a City or Winler SprinGS Ordillance No. 2007.-0X !'aGe I (, or 1<) ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA "-- Code Enforcement 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 . Fax (407) 327-6695 ._ MUST POST PERMIT ON SITE TO BE VALID ARBOR PERMIT APPLICATION PROPERTY PLAT MUST BE ATTACHED INDICATING EXISTING TREES AND REPLACEMENT TREES ~).N~ I ~ ARBOR PERMIT NUMBER PERMIT FEE CONTRACTOR: HOMEOWNER: 1Y\,.c.hae \ G--~rKen LOCATION: 1114.S hado(jj)y-oo t. +RD.,," PHONE: PHONE: ~o]- 3~?rGOI7 (w,^cl(('S-- ho[ low) LOT: BLOCK SECTION UNIT SUBDIVISION SINGLE-FAMILY LOT X DEVELOPMENT (number of acres) NUMBER OF TREES TO BE CUT ~ LAND CLEARING_LAND FILLING_ I certify those trees to be cut fit into one of the following categories as checked: (1) Trees located on building and construction sites, and to be r (2) Trees within ten feet of proposed or existing struct and to be replac <J c~,~ - ';11 (3) Trees severely diseased or injured, or dead 0 I' v nct. (4) Trees that will interfere with provision of above-ground utility installations (5) Trees that have been approved by the City Forester to be replaced elsewhere on the property by tress equivalent to those to be removed (6) Trees that are exotic, invasive species (EPPC #1) I hereby acknowledge that the above information is correct and agree to conform to the City of Winter Springs zoning regulations and building codes. I agree if any public property is damaged, I will restore it to the original condition. I agree th~t this application allows the Forester to enter my property for the purposes of inspection. 1~~\ ~ ~t t I CERTJFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITHIN 90 DAYS FROM DATE OF THIS APPLICATION. I WILL BE RESPONSIBLE FOR ARRANGING REINSPECTION, JF NECESSARY. APPLI~TS NAME \cnael G-erK"ef\ (please print) SIGNATURErJjvM ~ NOTE: All 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. 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. APPROVED WITH THE FOLLOWING CONDITIONS: FORESTER RElNSPECTION REQUIRED: YES (DATE) c? tT 'a-. L( d-aJd~ DATE NO All trees, whether for replacement or installation, MuST be at least a Florida Grades and Standards Number I. 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. Winter Springs is a designated "TREE CITY USA" by the National Arbor Day Foundation. CITY OF WI NTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 Code Enlorcement RElNSPECflON FEE ARBOR PEMIT NUMBER NAME: PROJECf ADDRESS: FEE PAID DATE ;) ~ II \V .L (.., o (.e~Ove. - ~IA o ((!mO Ve.. --\ ~ ~. AL1 ATTACHMENT C Continu d Pg 2418 , , F ' 20/ " 1202 _---"\---- ~ 0. I 204 '204 ~~__~ _-- ~ - - 2;0 'X 20S i, - 206' : 0 - - - - -, WINDING HOLLOW30S PARK , I . , - T - - r - -t , , H , I ------~ G ------91 , _---r3 I l/ : 1i -}j !IS:;:S . DRAINAGE EAsEMENT ~ M ~ M 00 ~ "0 ::s ,2 s:l o U o c 6'47 B (/) ~ - 'X - 0 .~ 300 ~ 0 A - - - --- 1 2 I , , I , , , 3 Continued Pg 243"2 4 5 6 7 NOTES: Fire Department Address Map PRINTED: REVISED: Nov. 2000 1:' 2 : City of Winter Springs, FL o . 200 400 ._~. I .. :: j. .. 3S0 feet ' 3: Map Pa e 2426 Developed BrENCINEERlKG " I.AIO srsTEJIS Ire.