HomeMy WebLinkAbout2003 01 27 Regular A Specimen Tree Removal - Bald Cypress
COMMISSION AGENDA
ITEM A
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
January 27, 2003
Meeting
M~r rv / /~ePt
Authorization
REQUEST: Community Development Department Arborist presenting the request ofMr,
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,
CONSIDERA TIONS:
This item w~s considered at the January 13,2003 meeting, A tie vote resulted in
this item returning for consideration, 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,
Staff visited the property to review the drainage problem referenced by Mr.
Petri celli , The tree is located in a high area at the southeast comer of the property that
would prevent a swale along the property line, However, it does appear that a swale
could be graded between the pool deck and tree that could provide relief for the low rear
yard area assuming proper care was taken to prune the roots,
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On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No,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.
January 27,2003
REGULAR AGENDA ITEM A
Page 2
Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate
Violations Criteria.
Sec. 5-8. Specimen or Historic Trees.
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 ofleaves, 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.
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,
January 27, 2003
REGULAR AGENDA ITEM A
Page 3
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 ~ts entirety. A copy of Chapter 5 is attached hereto as Exhibit "Au for reference
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,
T 's ordinance shall be a licable to aU land I 'n in the inco orated area of the Ci of
Winter Springs, Florida;
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See. 5-2.,'
Intent and ,Purpose.
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ntent. The i: t t of this Cha er is~o encou e th '.t tion _ fthe . ., .;om
nutV,.her ,of Tr~ within the ~riqtarv 1:ree Pfotecition i:,n~ ~qdof lar~e S~;men
T~ees within-the, SecopdarYTfee ~rotection Zol!e. It is further:the intent of this
-' , Chapter to encourage the protection of Trees nativ~ to Central Florida. '
.'
To this end. it shall be unlaWful to cut down. damage. poison,. or in any other manner
destroy or cause.to he destroyed any Tree or of:tter vegetation as covered by the
[0, isionso thisordin ce.e ce tinaccordancewiththe r .si ns set forth he.ein.
Notwithstanding, in case of emergencies involving natural disaster such as. but r;tot
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 Winler ,Springs
Ordinance No, 2002-0R
Page 2 of 19
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Preferred Plant Lis," Preferred Plant List shall mean the list of plant materials and
corresponding Tree Replacement Credit shown in Appendix "C", which may be
amended from time to time bv the City Manager in writing,
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Prinwry 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,
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Protected Area. An area surrouhding 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,
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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 perimeterbf 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-or-way and easements are '
also defined as being within the Secondary Tree Protection Zone,
-Specimen Tree. A Tree. other than an un,desi(3,ble tree. de.:1.d tree. Qr diSeased tree.
that is twenty (20) 'incheJ) 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 ofUmbs within the Tree's crown to prevent nonnal
growth to such a degree so as to remove the normal canopy and disfigure the Tree.
!Yl Transplant. The act of relocating an existing Tree upon the same lot.
M' Tree. Self-supporting wood. perenrual 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 of Winter Sprill[;s
Ordinance No, 2002.()8
Page 4 of 19
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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
of vehicles. or any other activity-that in the opinion of the Forester may damage the
ree ma occur. This zone is lcu ated accordin to A endix D to this Ordinance.
M 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. bv cutting. girdling. relocatin1!. interfering with the water supplv~ applYing
chemicals. regrading around the base of the Tree Trunk. ' /
W Tree Replacement AsSessment. Tree Replacement Assessme~t shall mean the total
amouht 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.
eaa) Tree Replacement Credit. The Tree, Replacement .Credit shall be equal to one-
hundred ($100.00) dollars and no cents in Tree replacement value.
,00 Tree Trunk. The main Stem of a Tree apart from limbs and roots.
(cc) Undesirdble 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 Oearing; 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 ,d~v a person is engaged in Land Clearing without a pencit. '
Criteria., Upon receipt of aeompleted application and verification on-site by the CiW
Forester. a 'pennit may be issued for Tree RemovalunCler 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 oftms Chapter. '
ill Trees located within ten (10) feet of a structure or other improvement.
provided said Trees are replaced elsewhere on the property in aCcordance
with ~5-9 of this Chapter.
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City of Winter Springs
Ordinance No. 2002-08,
Page 5 of 19 '"
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See. 5-9.
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Historic Tree desiftnations shall be subiect to approval by resolutio'n
of the City Commission' and the City Commission may grant tree
replacement credits. upon granting an Historic' Tree 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.
Tree Replacement. All Trees that are removed or destroyed and subject to
replacement by this Chapter shall be replaced by a species of Tree cited in A~p~ndix
B. Desirable Trees or Appendix C, Preferred Plant Lisl or such other Trees proierty
approved by the City Forester. Replacement shall occur within ninety (90) da s of
removal or destruction unless a greater replacement period is qr'ovided for good cause
by permit.
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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
comoarable to that of the Tree(s) requested to be removed.
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Size 0 Re lacement rees. e I ent Tr $, ar to be made a r in
to a starld"", of one ('") inch VIlH t9ta' "l'pla<;<;fI1ept (or each one ~l") inch
DBH removed. unless (l) the Tr~s' are replaced with Trees om the
,Preferred Plant List: or (2) otherwise a~reed upon ~y t~e CiW Commission
luuj avpli~t :~pceptable ~vacing 'IIld, d;';iJ,q .;";;~s i ~e ~nl~ cti~~a
that shalt ltnnt the n\lmber.of Trees used t9. eet the lOch or mch
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requirement.
ill Tree Species. Relocated or Replace~ent Trees shwl include only species
defined as Desirable Trees (Appendix B) under this ordinance.
ill
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Transpkmtingand Maintenance Requirements. All Trees transplanted
pu,csuarlt to this ordinance shall ~e maintain<<! in a healthy. Iivint condition,
Any such Trees which die shall be replaced and maintained by t e prooerty
owner. The City shall retain perpetual iurisdiction to ensure compliance with,
this Chapter.
ill . Waivers 0 Re lacement Tree s S. ed lcations. The number of r uired
Rcpt'acement Trees may be waived by the City Commission, if the City
City or Winter Springs
Ordinancc No, 200Z-DR
PaGe II or 19
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Any new single-family or duplex dwellin~ unit on a lot of less than 6.000 square feet
or greater: not fewer than two (2) Trees,
(Q} Any new single-family or duglex dwelling unit on a lot ofless than between 6.001 and
10.000 square feet: not fewer than three 0) Trees,
(9 Any single commercial. industrial. multi-family or other structure requiring site olan
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.
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Restrictions During Construction. It shall be .unlawful fQf any Person. during the
construction of any structures Of 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 pU'roose 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.
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Burden of Tree Protec.tion on Property Owner. It shall be the responsibility of a
. .
developer or applicant to ensure that.any Tre~ shown on the Tree i~ve~tory for which
a.Tree Removal perOJit hasnot,been obtail'\ed is to be proteyted.. The propertY owner
shall guarantee survival of retained trees and Repla~ment Trees for oner i) year from
completion of p<;rmitt<:!l COnSl(o~i9i!; nn/es. a ltr~ter \ill\e D;eri~d :~ ~'(<lUir~ by
development ,agreement. 1f a retamed or replacement Tree dies dunn that orne
period. the property owner shall rep1<l.ce the Treein accordance with a remedial action
approved under &5",17 of this Chapter.
uu Protective Barriers Required. Posts shall be use4 as Protective Barriers to the roots
and Trurlk of every Tree on the parcel being developed. The posts shall bepiaced at
points not closer than one..half radius ciftheDljpline ofttte protected treer unless the
structure has been permitted by the City to be erected withi~ the Dripline of a Tree
with a wide canopy. Each section of the barrier shall he clearly visible (flagged with
. brightly caloreo 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. .
Cily of Winler Springs
Ordinal\ce No, 2002-08
Page 15 of 1<)
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See. 5-17.
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Sec. 5-15.
VoluntarY' .hee Planting.
See. 5-16.
Waiver"s and Appeals.
Waivers. The City Commission may grant a waiver to provisions of this Chapter
where the a licant demonstrates that the literal inte retadon of the ordinance will
den the a licant reasonable se 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 ~nsider
as the basis for the granting of a waiver from the literal application of the provisions
of the Cit 's land develo ment re ulations, If in the detennination of the Cit
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 t.o be
waived.
Remedial Action.
Violations Require Remedial Action. Where violations oftms Chapter have occurred.
remedial action ,shall be taken to restore the property consistent with a restoration
Ian a roved b the Ci Forester. The restoration Ian ma re uire Tree
replacement at not more than a ratio offour to one (4: 1) and re~~:)Uire mitigation of any ,
other damage to the property. as well as Tree replacements,
Re lacement Formula, Each Tree destro ed or receivin ma.or dama e durin .
construction must be replaced by either a comnarable size and desirable type of Tree
as listed within ApJ]cndix B or four (4) Replacement Trees before issuance of a
Cily or Wi Iller Sprillt..:s
OrdillilocC No, 2002-0!!
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ATTACHMENT B
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Code Enforcement
c.-ty OF WINTER SPRINGS, FLORIDA
Rt:.CE1 \fED 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Or:C n t) 2002.. Telephone (497) 327-1600
~ U Fax (407) 327-6695
. " " SPRINGS
TV of VIII~l 1:;1\'11<.8' , ....
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MUST POST PERMIT ON SITE'TO BE
VALID
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ARBOR PERMIT APPLICATION
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PROPERTY PLAT MUST BE AITACHED INDICATING EXISTfNG T~ES AND
REPLAC:gMENT TREES
ARBORPERMIT~ER 20D 20.~ 3-0/"
CONTRACTORIl ' lJooaJiT 7e'~ d5.e0~
HOMEOWNER: L Ol/I.S ?A-~ 1C.15'L-l.; I
. LOCATION: Qi.f7 SI,L.t!~~~ek LJR.
LOT: ~ BLOCK b 'SECTIONUNrr_SlIB.~~<!i lJl~
SINGLE-FAMILYLOT V ~,E, 'LOP~ .. (nun C . -c ,.-(/S
. NUMBER OF TREES TO BEG' t.AND CLEARlNO-,-- ' . ' NGS
S- . eriY OF WINTER SPRI
1 certity those trees to, be <;!Jt fit into o,ne of the following categories as checlced: , , 'd.
(I) Trees located on building and construction sites, and to be repla '"'fig eeF-' _ j
'Lf/ ~ (2) Trees Within len,teet OfPm.P~sed~slructU"" 'n to be replaced:.flLl 'P '()W1 v
I (3) Trees severely diseased or ~nJured, r dea' 11" ~ J
, ( (4) Trees that will interfere with, provi " above-ground utility ~nstallatlons 1Gb ~
~t , (5) Trees that have been approved by the City Forester to be replaced elsewhere ~~ -IJrilP.
. . on the property by tress equivalent to those to be remoVfM..IlJE***-REFRESHED 11/15/ f'tIYs&'
~~ ( ) . ... .', JI' UISCElLANEOUS CASH RECEIPT
. \~ 6 Trees that are exotlc, invaSive species (EPPC 1t,1) Date / Tile ' : 11/21/82 11:12
~- , ,Pay.~nt :$55.88 '
(~ I heroby acknowledge lhat the abo<e information is, ~rrect and agrJ:~!t~form to il~~t!
~ I' ty of WIRIer Springs ZOllll\g regula~lons and bU,"~tng codes" I il.~ If any pu~~scano
~ , property IS damagc~, 1 wtll reslore It to thc' onguial condition. I (\~rcc thal thlsATRICElLI, LOUIS
) application allows the foresler lo cntcr my propcrty for the purpo'Scs of inspoctiol1.
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PERMIT FEE (~~ · 4~ I
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I CERTIFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITHIN
90 DAYS FROM DATE OF TillS APPLICATION. I WILL BE RESPONSIBLE FOR
ARRANGING RElNSPECTION. IF NECESSARY.
:;;:;:ii?'i:r: I:=' 7J ~ 7?;JlcELl ( SIGNA TORE ~ - :- ?'v -, .t/.:r t:
(please print), ~
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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. ,'For
landcIearing or undeveloped lots, a tree survey of ALL trees over 4" caliper must be
submitted. Please indicate the preventative measiJres 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.
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FORES
REINS EffiON REQUIRED: .".---
YES W,rlv'n 1/)"~ATE) NO ~~S,
. . ~ -W\NTER S 'PRlNGS
' ' C\TYOF
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.
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Winter Springs is a designated (TREE CITY USA" by the National Arbor Day
Foundation.
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