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Home My WebLink About2003 03 24 Regular J NEW Specimen Tree Removal COMMISSION AGENDA ITEM J CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X March 24, 2003 Meeting Mgr. r- I(l6'Dept. Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Ms. Yolanda M. Trento to remove one (1) 22- inch specimen loblolly pine. PURPOSE: The purpose of this agenda item is for the City Commission to consider (as required by Section 5-8 of the City Code of Ordinances) Ms, Trento's request to remove a specimen (22-inch diameter) loblolly pine tree at 773 South Edgemon Avenue,. The specimen tree is located in the side yard about five(5) feet from the house, The applicant states that she wants to remove the tree because of a room addition. She has stated a willingness to replace the tree. APPLICABLE CODE: On April 8, 2003, Ch. 5 of the Ci~y Code was repealed and replaced with Ordinance 2002-08, Section 5-2. Intent and Purpose. (a) Purpose. 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 conservation, air pollution and noise, and to make the city a healthier, more attractive and safer place in which to live. (b) 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 Sec'ondary 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 ofthis ordinance except in accordance with the provisions 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. March 24, 2003 REGULAR AGENDA ITEM J Page 2 Section 5-3. Definitions. (s) Specimen Tree. A Tree, other than an undesirable tree, dead tree, or diseased tree, that is twenty (20) inches or more in diameter. (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 normally grow to an overall crown height ofa minimum of fifteen (15) feet. Section 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. (a) 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. (b) Criteria. Upon receipt of a completed application and verification on-site by the City forester, a permit may be issued for Tree Removal under the following conditions: (1) Trees located on building and construction sites as shown on City approvedplans, provided said Trees are replace elsewhere on the property in accordance with Sec. 5-9 of this Chapter. (2) Trees located within ten (10) feet of a structure or other improvement, provided said Trees are replace elsewhere on the property in accordance with Sec. 5-9 of this Chapter. (3) Trees severely diseased, severely injured or dead. (7) Trees that have been approved by the City Forester and which shall be replaced elsewhere on the property. (c) Review Standards. When making a determination on whether to approve or deny an application under this Chapter, the City Forester shall apply one (1) or more ofthe following standards of review deemed relevant: (2) Necessity to remove Trees which pose a safety hazard to buildings or other improvements on a lot or parcel of land, (3) Necessity to remove diseased Trees or Trees weakened by age, storm, fire or other injury that pose a safety hazard to people, buildings or other improvements on a lot or parcel of land. (5) Any proposed landscaping including plans where by the applicant has planted or will plant Trees to replace those that are proposed to be cleared. (8) Necessity to remove Trees in order to construct approved and permitted improvements to allow economic enjoyment of the property, including: (A) Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). (B) Need for access to the building site for construction equipment. (C) Essential grade changes, (0) Need for locating street or road rights-of-way, utilities, drainage ways, as well as the need to provide reasonable use and property access, (9) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (10) The species and size ofthe Tree(s) proposed for removal. Section 5-8. Specimen or Historic Trees. (b) Removal. Notwithstanding any other provision of this Chapter, Specimen and Historic Trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approval by the City Commission. March 24,2003 REGULAR AGENDA ITEM J Page 3 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 applicant states that the owner wants the specimen tree removed for the following reasons: a) The applicant will be adding a room addition. To not add the room addition, will impede the applicant's economic enjoyment of the property. b) Construction damage will kill the tree which will result in a hazardous situation if the tree is not removed, Economic Enioyment of Property Expansion of the house as an economic enjoyment ofthe property is allowed as a Criteria for tree removal in Section 5-4. Staffs review of the site indicates that even with proper construction techniques, the tree will be damaged. Public Safety Staff analysis of the site reveals that a hazardous situation will result if the tree is not removed. Conclusion Staff's review concludes that the applicant's request for removal is valid based upon the findings listed above. ST AFF RECOMMENDATION: Based upon staff's review of the facts related to this application, Staff recommends that the City Commission APPROVE the removal ofthe 22-inch loblolly pine from 773 South Edgemon Avenue as per Code. ATTACHMENTS: A. Permit Application COMMISSION ACTION: March 24, 2003 REGULAR AGENDA ITEM J.~ Page 4 ATTACHMENT "A":. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327.1800 Fax (407) 327-6695 'of't"o/ Code Enforcement \ ........ MUST POST PERMI10N SITE TO BE . VALl . ARBOR PERMIT APPL~TION PROPERTY PLAT MUST BE ATTACHED IND~~~ EXISTING TREES AND' REPLACEMENT TREES .' . ARBOR PERMIT NUMBER PERMIT FEE CONTRACTOR: Ott))/IE/f HOMEOWNER: ~ LAAlJ;A- HI -rfl?EN'7?J PHONE: /ft7",e:,s-?-t?.f'cfc; PHONE: ~1"'- t.s 7-03C/9 . . S<:Ju'"//.-J .c/)~iEMdAJ IIJ/L. vJ/V?2~ ~pA'/-&S/ rL-. SECTION UNIT SUBDIVISION - ,.' i LOCATION: 77.3 LOT:3o BLOCK 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 that this application allows the Forester to enter my property forthe purposes of inspection. I CERTIFY'THAT ANY REPLACEMENT PLANTS Wll.-L BE INSTALLED WITIllN 90 DAYS FROM DATE OF TIllS APPLICATION, I WILL BE RESPONSIBLE FOR ARRANGING REINSPECTION, IF NECESSARY. APPLIC~S NAME Y~I-A,JJJ;1 n7"i'6tm;SIGNATURE ~~ 7J? ~ (please print) NOTE: AJ I 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 landc1earing 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 REINSPECTION 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 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, Wint~r Springs is a designated "TREE CITY USA'" by the National Arbor Day . Foundation. MAP OF SURVEY DESCRIPTION LOT 30, FOXMOOR EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, PAGES 5-7 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ~ l-' ?~~~~~~~~ -- ~s?"~ ~ ~ .....- ~OG~\II~ ~ ~~""~O'OQ -- .. ~' . .. ". ~ . . . : : . '~'5 12 TREE 'C>, . . . ''09')'0 \'\ .' .% . \,,' .~. ~.' .~. ~ u' u', -- ~ A/C PAD STOOP ."APlE -z. ~ ..; ~U- 16'MAPLE %. ." .. . ~ 2O"PINE . /. --~ .._~~ I I I I .., r:;:::-'V, L_..... I ..... 1 PROPOSED . . 1 STORY f ~ ' CONCRETE BLOCK ADDIllON n, &.-; o ,'1-".0 .. ~ ,,- RECOVERED ,.,~~' .:.--- 1/2" REBAR II EI;l~ ts '%., 2' .... - WAlK IS lO.O'N RECOIIERED 4'")(4- CONCRETE LtQNUuENT NO , NW CORNER OF LOT 34 .... 'MRE FENCE --- I III ..~..... -t --- \ \ ...... . .. I..... I ...-..~ ~~ P. :': 1,... ~1 t:~;. ,-..-.... .... .......-1 <l "....."... .... .,.............." ........, . ............ :\~U~~ ::-1 Ur~L,(.'.:.n.:'..l LEGEND: ...., '"'T" ,....,..,..., .-.... r..~_.u. ~ ~~UU~, 'B,---i WOOD UllUTY POlE &: GUY WIRE NR RAD TIP PC PT PRe PCP PRU PI R? A/C R 6. L ca CH CRB PG NON RADIAL RADIAL T"i'PICAL POINT OF CURVA1URE POINT Of TANGENCY P~NT Of RE\f:RSE ClJRVAnJRE PERMANENT CON1ROL POINT PERUANENT REFERENCE MONUMENT POINT Ot INTERSECll0N RADIUS POINT AIR CONDITIONER RADIUS CENTRAL ANGlE ARC lENGlH CHoRe BEARING CHORD lENClH OFFlOAl REcaro BOOK PAGE r.. . ......- ..~. ~.. ,Co.'. '..; :: ~~ !:. 9111::1 OVERHEAD UTIUTY UNE 6' \'oOOll FENCE .' CHAIN UNK FENCE (UNLESS OTHERWISE NOlED) CENlERUNE RIGHT Of WAY UN( CERTIFIED TO: JOHN P. AND YOLANDO TRENTO COUNTRYWIDE HOME LOANS, INC, FIRST SOUTHWESTERN TITLE COMPANY OF FLORIDA TICOR TITLE INSURANCE COMPANY ~ ~ !~l CONCRETE PLAT MEASURED DESCRIPTION CAlCULATED I HAVE EXAMINED THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) flOOD INSURANCE RATE MAP (FlRM) COMMUNITY-PANEL NUMBER 12117C0145 E, DATED 4/17/95 AND FOUND THE SUBJECT PROPERTY APPEARS TO UE IN ZONE X, DEFINED AS AREAS DETERMINED TO BE OUTSIDE 5DO-YEAR FLOOD PLAIN. GENERAL NOTES: ,. THE SURVEYOR HAS NOT ABSTRACTED THE LANDS SHOWN HEREON FOR EASEMENTS AND/OR RIGHT-OF-WAY RECORDS. 2. THE BEARINGS SHOI'IN HEREON ARE BASED ON THE EASTERLY UNE OF LOT 3D, BEING S 20'21'07" E, AN ASSUMED DATUM PER PLAT. 3. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOI'IN. 4. DIRECTIONS AND DISTANCES SHOI'IN HEREON ARE PER RECORDED INSTRUMENT AND FlELD MEASUREMENT, 'UNLESS SHOWN OTHER'MSE. 5. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER THiS DRAWlNG, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY. I c:: . DRAWN BY: CRL ^ LOCKLIN &. ASSOCIATES, llI!C, "1--- {;...flE KED BY: GSL , DRA NG FILE: SURVEYORS & MAPPERS F 3473SV2.DWG. 1417 N, SEMORAN BLVD., ST. 115 FIE DATE" ORLANDO, FL. 32807 ~. . VOICE: (407) 273-0356 FAX/DATA: 282-7850 ,/20/03 CT No. REVISION F03 473 / SCALE: CERTlFlCA TlON: I HEREBY CERTIFY THAT TIllS SURVEY IS CORRECT TO THE BEST OF MY KNOIfU:IJGE AND BEUEF. I FURTHER CERTIFY THAT TIllS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY . THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND 'MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO CHltPTER 472,0;]7 OF THE FLORIDA STATUTES. SUBJECT TO NOTES AND NOTATIONS SHOWN HEREON, _ 2.0'''' W'~3- No. DATE I Grepzy s.. !Acklin; Prof,.~OD~J S1U"VCI,yor II Mapper No. 56Jg It--- La.od ~J'Or Business No. 6gOS VAUD ONLY 1rlTB SIGNATURE AND BJII/OSSED SEAL / 1- = 40' SHEET OF 1 J