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Home My WebLink About2003 02 24 Regular B Specimen Tree Removal COMMISSION AGENDA ITEM B CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X February 24, 2003 Meeting M~~~ePt Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Mr. Julian Demora to remove 5 specimen trees, ranging in size from 23 to 26 inches in diameter. PURPOSE: The purpose of this agenda item is for the City Commission to consider Julian Demora's request to remove 5 specimen (varied diameters) trees at 631 Nighthawk Circle, Lot 100, and 614 Nighthawk Circle, lot 45, as required by Section 5-8 of the City Code of Ordinances. The specimen trees are located on the building pad. The applicant states that he wants to remove the tree because the owner wants to build a house and the trees will be damaged beyond survivability.. He has stated a willingness to replace the trees. The Code Enforcement Board has recently required Mr. Demora to clean up and to keep the lot clean and to prevent any water standing on the sites. APPLICABLE LAW AND PUBLIC POLICY: On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed as attachments).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. February 24, 2003 REGULAR AGENDA ITEM B 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) The trees are in poor health overall and will be damaged beyond their ability to survive by the grade changes and the construction. The house plans have been reviewed by staff and even with changes to the garage entrance to the flip side of the proposed structure, the trees will still be unable to survive. Conclusion Staffs review of this application concludes that the applicant's request is based upon normal and standard building practices and that all five trees should be removed. STAFF RECOMMENDATION: Based upon staff's review of the facts related to this application, Staff recommends that the City Commission grant the request to remove the 5 specimen trees from 631 and 614 Nighthawk Circle. ATTACHMENTS: A. Ordinance 2002-08 (pertinent excerpts) B. Applicant's application C. Location map COMMISSION ACTION: , , ATTACHMENT A Ordinance . .. . ..~l; . ~.:. } , WHEREAS, the City CommIssion of.the City of.Winter Springs, r/orida, 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 COMMISS{ON 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 "An 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 all land I . n in the inco orated area of the Cit of Winter Springs. Florida: { ") ) Sec. 5-2... Intent and Purpose. w Purpose. The purpose oftbis Chapter is to establish protective regulations for Trees' within the City in o(der to maJntain and 'protect the City Forest. to better control problems of flooding. soil conversation. air pollution and noise.,and to mak~ the City a healthier. more attractiv~ and safer place in MMch tQ live. . ;> @ Intent. The intent of this Chapter is~o encourage the protection of the maximum number ,or Trees within the. Primary Tree ProteCtion Zone audor large Specimen Trees within the. Secopdary Tree Protection 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 orovisions set forth herein. Notwithstanding. in case of emergencies involving natural disaster such as. but lJ.ot limited to. flood. freeze or other mitural disasters. the requirements oftrus ordinance may be temp.orarily waived by the City Commission by resolution. City or Winter Springs Ordinance No. 2002-08 Page 2 or 19 .... !ill ( ) w see, '5' r 3 w. ~ ill , '::'/', ' (m) Preferred Plant List. Preferred Plant List shall mean the list of plant materials and corresponding Tree Renlacement Credit shown in Appendix "C", which may be amended from time to time by the City Manager in writing, (ill Prinrary 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. @ 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 leasf eighteen (I8) 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-Cif~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 ttee. that is twenty (20)iQches or more in diameter. ., Stem. The main trunk of a plant: its primacy axis that develops buds and ,shoots instead of roots. \ , M Topping. The severe cutting back of limbs within the Tree'.s crown to prevent nonnal growth to such a degree so as to remove the nonnal canopy and disfigure the Tree. (y} Transplant. The act of relocating an existing Tree upon the same lot. (w)' 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 nonnally grow to an overall Crown height of a minimum of fifteen (I 5) feet. City of Winter Springs Ordinance No~ 2002-08 Page 4 of 19 ,. . . (aa) ,00 (cc) Sec. 5-4. . .w. ~"-.. '----7/ 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 activitvthat in the opinion of the Forester may damage the Tree may occur. This zone is calculated according to Appendix 0 to this Ordinance. (y) Tree Removal. Shall mean any act which will cause a ~ree situated on real propertx 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. applvfug chemicals. regrading around the base of the Tree Trunk. ' i w Tree Replacement Assessment. Tree Replacement Assessme~t 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.. , 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 of this Chapter as,amended from time to time by the City Manager in writing. Fermit 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. Criteria. Upon receipt of aeompleted application and verification on-site by the City Forester. a permit may be issued for Tree Removal lm(Jer 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 propertY in aCcordance with &5-9 of this Chapter. City of Winter Springs ' Ordinance No. 2002-08. .~ Page 5 of 19 ..... ..,- '; '" S& !i 8 1Ql ~7 Sec. 5-9. !ill ill <;~0~i::::: Historic Tree designations shall be subiect to approval by resoluthn of the City Commission' and the City Commission may grant tree ~eplacClllcllt 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 Commissio~ Tree Replacement Guidelines. Tree Replacement. All Trees that are removed or destroyed and subiect to replacement by this Chapter shall be replacedbv a species of Tree cited in A;pendix B, Desirable Trees or Appendix C, Prelerred Plant List or such other Trees pro~erl~ approved by the City Forester. Replacement shall occur within ninety (90) da s of removal or destr1.lction 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. /' f. ) ill Size 0 Re lacemenl rees.' e la ent Tree S are to be made ~cc~rdin to a standard of one (l ") inch DBB; total r~pla~ment for ',each one ci ") inch DBa. removed. unless (I) the Trees' are renlaced with Trees from the Preferre~ Plant List; or (2) oth~se agr~;d upon bv t&e CilY Commi~~~n andaQphcant. Acceptable sgaClIlg ~d,desl~ St,andards are the only cntega that shall limit the number.of Trees used to ,meet, the inch for inch requirement ill Tree Species. Relocated or Repla~~ent Trees $h811 include only species defined as Desirable Trees (Appendix B) under this ordinance. ill .' Transplanting and Maintenanq. Requirements. All Trees transolanted 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. ill ' Waivers 0 Re lacement Tree s S. eel (cations. The number of r uired Replacement Trees may be waived by the City Commission, if the City Cily of Winter Springs Ordinancc No, 2002-OR Pa/.:e II of 19 .. . / ill ~ ) (Q} .;~:~.(.~~(~~~. ,?",:", . Any new single-family 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 6,001 and to,OOO square feet: not fewer than three (3) Trees. (f.l 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. toprace 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 Rrovision 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 Qf Forestry. Department of.. Agriculture and Consum'er Services Publication. Tree Protection Manual for Buildings and Developers. Burden of Tree ProtecHon on Property Owner. It shall be the rysponsibility of a developer or applicant to ensure that.any Tree s~o'yl1 on the Tree inventory for which a Tree Removalpermlt h~not been obtained 'is to be protected. . The p~openY owner shaiI guarantee survival of retained trees and Replace.mentTrees for oneO) year from . . '. . '. . . . . ' completion 9f permitted construction, unless it greater time period is r.equired by development 'agr.eement. If a retained or replacement Tree dies during that time period. the propertv owner shaU repla~ the Tree in accordance with a remedi3.1 action approved under is '5-., I 7 of this Chapter. ' (g) Protective !3arriers 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'piaced at points not closer than one..half radius of the Driplineofthe protected tree. unless the structure has been permitted bv the City to be erected within the Dripline of a Tree with a wide canODY. 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 Wiuler Springs Ordiuilllce No, 2002-08 Page 15 or 1<) ~w c....) @ See. 5-17. {ill , (Q2 Site !/I.uectiOlls. The Cit f Forester ma conduct eriodic ins ections of the site. It is the rCSQollsibility oCtile a(~plicant to ensure that all provisions of this Chapter are met, Sec. 5-15. Voluntar)' Tree Planting. Sec. 5-16. Waiver"s and Appeals. Waivers. The City Commission may grant a waiver to provi'sions of this Chapter where the applicant demonstrates that the literal interpretatton 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 ofa waiver from the literal application of the provisions of the Cit 's land develo ment re ulations. If in the detennination of the Cit Com ission the sole basis for the re uest' for waiver is to reserve such Tree which would otherwise have to be removed. it may direct ,any required waiver fee to be waived. 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 ApJ)cndix B or four (4) Replacement Trees before issuance of a Cily or Willtcr Sprill/js Ordillallce No, 2007.-0li Pace IG or 1<) ')' .' ATTACHMENT B ,- I ,.J CITY OF WINTER SPRINGS, FLORIDA 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 ARBOR PERMIT NUMBER PERMIT FEEtd-d..0~ CONTRActOR:~It( HOMEOWNER: De fYks t A- PHONE: PHONE: ) (;31 /VjjtLf~fTw}c 6~- LOT: }6D BLOCK SECTION UNIT SUBDIVISION ~t,~ SINGLE-FAMILY LOT DEVELOPMENT . (number of acres) NUMBER OF TREES TO BE CUT ~ '1 LAND CLEARING_LAND FILLING........:.- LOCATION: ;VolE=- I certify tho~e trees to be cut fit into one of the following categories as checked: (;-1 (1) Trees located on building and construction sites~be repla~ ~_ (2) Trees within ten feet of proposed o~i;,ting ~'ttu: t7~ ~fo be replaced cJCe 6 (3) Trees severely diseased or injur~ad .:... f34rt~ (4) Trees that will interfere with provision of above-ground utility installations I' 'F (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 (T"" (6) Trees that are exotic, invasive species (EPPC #1) :' J-{ SPpC/ /YllZ-/U v~~EJ-- ' I hereby ackbowledge 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 origina.l condition. I agree that this application allows the Forester to enter my property for the purposes of inspection. ~,': r ;. I CERTIFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITIllN 90 DAYS FROM DATE OF TIllS APPLICATION. I WILL BE RESPONSIBLE FOR ARRANGING REINSPECTION, IF NECESSARY. APPLICANTS NAME d~ petnol<.f1 (please pnnt) SIGNATURE NOTE:A11 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 landclearlng 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. ) ~jJ~ FORESTER RElNSPECTION REQUIRE. . ~ YES h)rlw~ C--6 · (DATE) f DATE NO All trees, whether for replacement or installation, MUST be at least a Florida Grades and Standards Number 1. Tree species designated by the Exotic P~t 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 WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, flORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 Code Enforcement REINSPECflON FEE ARBOR PEMIT NUMBER NAME: PROJECf ADDRESS: FEE PAID , DATE i ) : -/ ,,,I .. i I CITY OF WINTER SPRINGS, FLORIDA 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 REPLACE.MENT TREES ARBOR PERMIT NUMBER PERMIT FE!'), IS ~ CONTRACtOR: O~ 'IJ-e- /Ylt; f1q.- PHONE: HOMEOWNER: PHONE: G 11/ LVyi: ji&Wk~~ LOT: LJ. i)' BLOCK ilECTION UNIT SUBDIVISION~~ SlNGLE-F AMlL Y LOT J-jfJ; DEVELOPMENT , (number of acres) NUMBER OF TREES TO BE CUT fJ-J LAND CLEARiNG_LAND FlLLING~ ) LOCATION: I certify those trees to be cut fit into one of the following cate~gOries as checked. . ~6 (1) Trees located on building and construction sites, ~~. ~ (2) Trees within ten feet of proposed or existing structur 0 be replaced . . I (3) Trees severely diseased or injured, or dead ~p (4) Trees that will interfere with provision of above-ground utility installations ~ 7"- (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) Ii/DI!- ~ J SPUt~ \f:~ . IV .1 hereby ackn6wledge that the aJjove 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 that this application allows the Forester to enter my property for the purposes of inspection. ~~,"l~ ,to; I CERTIFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITIllN 90 DAYS FROM DATE OF THIS APPLICATION. I WlLL BE RESPONSIBLE FOR ARRANGING REINSPECTION, IF NECESSARY. APPLICANTS /J II- NAME -ofJ11 r#& /.., (please print) SIGNATURE 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 landclearlng 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 WITII THE FOLLOWING CONDmONS: C ) Ivnu (rJ) fII G-IA-, FORESTER RElNSPECTION REQUIRED: YES (DATE) DATE NO All trees, whether for replacement or installation, MUST be at least a Florida Grades and Standards Number 1. Tree species designated by the Exotic P~t 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. _if;': ,. CITY OF WI NTER SPR.!NGS. FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, flORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 :r. REINSPECflON FEE ARBOR PEMIT NUMBER NAME: PROJECf ADDRESS: FEE PAID , DATE i ) ::- 'A.4A 'V., ,~, c " " , - Lake Audubon , , (1 2 ~_~___ 3 ~ 4 .. 6 .& 7 " '" CIl " ,s I" '... .... ... .. U>> ~ .. .. .. - - "'\ NOTES: .. .. .. .. .. .. .. .. .. .. .. ~