HomeMy WebLinkAbout2003 06 23 Regular A Mrs. Jo Ann Brown Specimen Tree Removal
COMMISSION AGENDA
ITEM' A
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
June 23, 2003
Meeting
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Mgr. J / f Dept.
Authorization
REQUEST:
The Community Development Department Arborist recommends the City Commission consider
the request of Mrs. Jo Ann Brown to remove I specimen Laurel Oak, approximately 28 inches in
diameter.
PURPOSE:
The purpose of this agenda item is for the City Commission to consider Mrs. Brown's request to
remove a specimen (28 inch diameter) Laurel Oak tree at 1504 Black Bear Court, as required by
Section 5-8 of the City Code of Ordinances. The specimen tree is located in the side yard about 5
feet from the house. The applicant states that she wants to remove the tree because the roots are
less than 14 inches from the foundation and the tree will grow larger and damage the house plus
the expert tree company has found structural flaws in the tree that can cause splits and damage to
the house. She 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On April 8, 2002, Chapter 5 of the City Code was repealed and replaced with Ordinance No.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.
May 12,2003
REGULAR AGENDA ITEM A
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) In this application the applicant states that the owner wants the tree removed for the
following reasons:
a) Root damage to the foundation.
b) Included bark will split and large limbs will fall through the roof.
Overview
Based upon Staff review it does appear that preservation of the tree will
prevent normal use of the property and damages.
Public Safety
Staff analysis of the site in this application does reveal evidence of
public safety issues caused by the tree.
Conclusion
Staffs review of this application concludes that the applicant's request is
based upon scientific evaluation and structural damage issues that
constitute verification of extraordinary circumstances and hardship.
STAFF RECOMMENDATION:
Based upon staffs review of the facts related to this application, Staff recommends that the City
Commission approve the request to remove the 28 inch diameter specimen Laurel Oak tree from
1504 Black Bear Court.
ATTACHMENTS:
A. Ordinance 2002-08 (pertinent excerpts)
B. Applicant's application
C. Location map
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ATTACHMENT A
Ordinance
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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 tile 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 "A" 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.
This ordinance shall be applicable to all land lying in the incorporated area of the City of
Winter S.orings. Florida;
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Sec. 5-2. .
Intent and Purpose.
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Purpose. The. purpose oftOis Ghapteris t~) establish protectiveregulations for Trees. . .
V1ithin the City in order to Olaintain andprptect the City Forest. to better control
problems 9f flooding. soil conversation. air poUutionand noise., and to ~~ke the'City
a healt~ec more attl9-cti'Ve and ~afer Jjlace in which tq five.!, ,
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@ Intent. The intent of this Chapter is~o encourage the protection of the maximum
nUqIberQf Trees within the. J.>rimarv Tr~ Protection Zone and or large Soecimen
Trees within the Secopdary Tree ~rotectibn Zone. It is further'the intent of this'
". Chapte( to encourage the protection ofTrces native to Central Florida.
To this end. it shall be unlC!<Wful 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 not
limited to. flood. freeze or other natural disasters. the requirements of this ordinance
may be temoorarily waived by the City Commission by resolution.
City of Winler SprinGS
Ordinance No. 2002-08
Page 2 of 19
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(m) Pre erred Plant List. Preferred Plant List shall mean the list of )Iant 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 Pritirary Tree Protection Zone. This shall mean the front, side and rear yard areas as
established and required by the Land Development Code oCthe City as the same may"
from time to time. be amended.
(Q.l ProtectedArea. 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 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 ;r
tape.
(g) Replacement Trees. Replacement Trees shall at a minimum comply with the
.provisions of Subsection 5-9,
econda Tree Protection Zone. his. shall mean all areas not included in the.
Prima(Y 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 ttee.
that is twenty (20)-inches Or moreindiaIlleter.
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Stem. The main trunk of a olant: its primary axis that develops buds and shoots
instead of roots.
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Topping. The severe cutting back of limbs within the Tree's crown to prevent noana!
growth to such a degree so as to remove the normal canopy and disfigure the Tree~
Transplant. The act of relocating an existing Tree upon the same lot.
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 (15) feet.
City of Winter Sprin[;s
Ordinance No, 2002-08
Page 4 of 19 ....
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~.ec. 5-4.
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uu t~ee,Protection Zone. Shall mean that area located around the perimeter of the Tree
in which no activity such as ~Ie;!fing, filliog, excavating, storage of materials, . parkin:
ofvehldes. or any other actlVltythat 10 the oplOlonofthe Forester may damage th~
Tree may occur. This zone is calculated according to Appendix D to this Ordinance.
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Tree e lacement Assessment. Tree Re lacement Assessme t shall mean the toLl
amouht of monetary compensation o",:,ed to the City ofWinte~ Springs as provided
in this Chapter for thereplacementoftt~es cut. destroYed. or removed as a result of
development or redevelopment. .
Tree Replacement Credit. The Tree. Replacement .Credit shall be equal to One-
hundred ($lOO.OO).dollars and no cents in Tree replacement value.
Tree Trunk. The main Stem of a Tree apart from limbs and roots.
Undesirable Trees. AIl 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.
Removal and Land
arate
Permit Required. No Person shall engage ,in Tree Removal ,or engage in Land
Clearing located Within.the City. Without first obtaining a pennit 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.
!!U. Criteria. Upon receipt of a .~mpleted application and verification on-site by the City
Forester. a .pennit may be issued for Tree Removal.under the following conditions:
ill'
Trees located On building and construction sites as shown on City a~proVed
plans. provided said Trees are replaced elsewhere on the pro erty in
accordance with 95-9 of this Chapter. .
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ill Trees located within ten (\ 0) feet of a structure or other irnProveinen~
provided said Trees are replaced elsewhere on the property in accordan~
with ~5-9 of this Chapter.
City. of Winter Springs .
Ordinance No. 2002-08,..
.~ Page 5 of 19 .'
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See ,52 8
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Sec. 5-9.
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Historic Tree desig-nations shall be subiect to ,approval by resolutio'n
of the Cil Commission and the Cit Commission ma rant tree
re )lacclllcnt credits U 011 rantin an Historic'Tree desi nati n,
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 Commissior!:
Tree Replacement Guidelines.
{Q} Criteria for Replacement Trees is as follows:
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Tree Species. Relocated or Replacement Trees shall include only species
defined as Desirable trees (Appendix 'B) under this ordinanceL
The number of r uired
Commission if the Cit
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City of Wintcr Springs
Ordinancc No. 2002-08
PaGc II of 19
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AllY new single-family or duplex dwelling 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 dURlex dwelling unit on a lot ofless than between 6.001 and
10,000 square feet: not fewer than three 0) Trees,
[sJ. 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 or, temporarY soil deposits within the
Dripline of any Tree for which a Tree Remov:aI permit is required but has not been
obtained. This provision includes soil that is placed in the Dripline oermanently for
the pu'rpose of a grade change. unless. the grade is changed according to the guidelines
described in the Florida Division 0/ Forestry. Department or 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 o(a
developer or applicant to ensure thatany Tree shown on the Tree inve~tory for which
a Tree Removalpero;Ut has not been obtain@9isto be orptected. _The p~ope~ owner
shall guarantee survival 0 f retained trees and Repla~ment Trees tor one. (1) year fr~m
romple!.!)" 9f pennitted oonStruc.tipn, "oless a grpatet !imep,~nd:~ (,..q"i~ by'
development agreement Jf a retamed or replacement Tree dies dunn; that orne
. period. theproperty,ownershall r~place the 1,'reein aq;ordailce with~' remediid action
approved under &5.,11 ofthis Chapter. .
{Q} Protectiv(!. Barriers Required. Posts shall be useq as Protective Barriers to the roots
and Trunk of every Tree on the parcel being'developed, The'postsshall bepiaced at
points not c10serthan one.,halfradius of the Dripline of the protected treel unless the
structure has been pemitted by the City to be erected withi~ the Dnpline of a Tree
with a wide canopy. Each section onhe barrier shall be clyarly visible (flagged with
. brightly colored plastic tape or other markers). No attaclunents or wires oilier than
those with a protective or non-darnagingnature shall be attached to any Tree.
Cily or Winler Springs
Ordinance No. 2002-08
Page 15 or 1<)
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Sec. 5-17.
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Sec. 5-15.
Volullta/)' Tr'cc Planting.
Sec. 5-16.
Waiver's and Appeals.
Waivers, The Cit Commission ma rant a waiver to revis'ons of this Cha ter
where the a licant demonstrates that the literal inte retatton 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 consider
as the basis for the granting ofa waiver from the literal application of the provisio~
of the Cit ' s land develo ment re ulations. If in the detennination of the Ci
Commission. the sole basis for the request for waiver is to preserve such Tree whic~
would otherwise have .to be removed. it may direct ,any required waiver fee to be
waived.
Remedial Action.
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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 ofTre~
as listed within ApJ)cndix D or four (4) Replacement Trees before issuance of a
City of Winter SprinGS
Ordinance No. 2007.-0H
I'at.;e I G of (9
ATTACHMENT B
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799 Sf
Telephone (407) 327-1800 . .' e..-uL(!y) eJN
Fax (407) 327-6695
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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 FEE
--?s CONTRACTOR::2.rl> IT 1/ ~ 'I 1R E E PHONE: t!o1- 33 /- ~().:t b
HOMEOWNER:'f- .,J;, /INri ,4,er/vJJ PHONE: 2./()7,~t,Cr/;j7l(
LOCATioN:Y- /50c/- 8LI1C~ ~~I}.,e. er-; /J/,-.I7t,e 5/';f,tJ'S ,,cc- J.;).7oY
LOT:
BLOCK
SECTION
UNIT_SUBDIVISION
SINGLE-FAMlLYLOT ~ 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 toe:.e r
V"'" (2) Trees within ten feet of proposed or existing structures nd to be replaced
(3) Trees severely diseased or injured, or dead' ___
(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 regula~ions 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,
I CERTIFY THAT ANY REPLACEMENT PLANTS WILL BE INSTALLED WITIllN
90 DAYS FROM DATE OF TInS APPLICATION. I WILL BE RESPONSffiLE FOR
ARRANGINGREINSPECTION, IF NECESSARY.
APPLICANTS ~ \ .L?
NAME .fo f}tlItlJ ,8,ecfWr./ SIGNATURE . ,.-::1~.J ~
(please print)
NOTE: All lots o.r 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.), pleas.e call 327-180q,ext. #327.
"'--, / ' ~
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APPROVED WITH THE FOLLOWING CONDITIONS:
FORESTER
lmlNSPECTION REQUIRED:
YES (DATE)
DATE
NO
.AII trees, whether for replacement or installation, MUST be at least a Florida Grades and
Standards Number L 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.
DAVEY~@
TREE & LAWN CARE ExPERTS SINCE 1880
May 15,2003
JoAnn Brown
1504 Black Bear Crt,
Winter Springs, FI. 32708
Re: Laurel Oak Tree Removal
To Whom It May Concern:
The tree in question is a 30" DBH Laurel Oak on the right side of the Brown's residence.
The Laurel Oak is approximately 5' from the foundationofth~ house. The tree, like most
Laurel Oaks, has a very weak branching habit (tight 11mb to trunk branch angles) and is
prone to splitting in high winds. There are numerous areas of included bark in the main
trunk and root flare areas. Included bark is an indication of dead streaks of heart wood
and possible "Heart Rot".
Based on the trees physical condition and proximity to structure and occupants. It is my
recommendation that the tree be removed.
Sincerely,
Daniel M. Babroski
lS.A. FI.0334
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Davey Tree and Lawn, 12lAtlanticDr. Ste.lll, Maitland, Fl. 32751, Ph,407-33 1-8020, FaX 407-331-4883
THE DAVEY TREE EXPERT COMPANY, KENT, OHIO 44240
www.davey.com
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THOMAS & JO ANN BROWN
1504 BLACK BEAR COURT
WINTER SPRINGS, FL 32708
PHONE: 407-366-1378
MAY 12, 2003
City of Winter Springs
1126 East S.R. 434
Winter Springs, Fl. 32708
Dear Sir:
This is a request for a permit to remove three trees, two live oaks which are
approximately 14" - 15" and one laurel oak which is approximately 28", that
are less that 10' from the house.
Winter Springs Environmental Inspector/Arborist, Michael Mingea, stated it
would be alright to remove the two live oaks. However, the one large laurel
oak would require Winter Springs Commissioner's approval.
The root system on the large laurel oak has grown too large and too close to
the house. The pictures attached show the root system to be only 14" from the
wall of the house and I am concerned if the tree is not removed, the wall
structure will be damaged.
I have also attached a letter from Daniel M. Babroski with Davey Tree, in
which he recommends the tree be removed, based on the trees physical
condition and proximity to structure and occupants. Davey Tree is the
contractor that will be removing same, pending your approval.
Sincerely,
)) t2...J ~
Jo Ann Brown
JAB: jb
ATTACHMENT C
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NOTES:
SR .26
Fire Deparbnent Address Map
PRINTED: REVISED:
sePt 1998 1 :
City of Winter Springs, FL
o 200
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DndopecIBr. ENGINEERING. WrD SYSTEJIS /tr:.
2624
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