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HomeMy WebLinkAbout2004 06 14 Regular 504 COMMISSION AGENDA ITEM 504 CONSENT INFORMA TIONAL PUBLIC HEARING REGULAR X June 14, 2004 Meeting Mgr.(\-/ I j~pt. Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Winter Springs Golf Course to remove 1 specimen sweet gum tree, approximately 28 inches in diameter. PURPOSE: The purpose of this agenda item is for the City Commission to consider Winter Springs Golf Course's request to remove a specimen (28 inch diameter) sweet gum tree on the golf course Hole #6, as required by Section 5-8 of the City Code of Ordinances. The specimen tree is located just east of the green. The applicant states that he wants to remove the tree because the shade reduces the turf growth on the #6 green. He has stated a willingness to replace the tree inch per inch. APPLICABLE LAW AND PUBLIC POLICY: On October 13,2003, Chapter 5 of the City Code was repealed and replaced with Ordinance No. 2003-22 (pertinent sections enclosed as attachments).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. June 14,2004 REGULAR AGENDA ITEM 504 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 ofthe 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 April 2004 the course superintendent at this location requested the removal of the 28" sweet gum tree from the site. The tree in question under the current application is about 50 feet from the green. 3) In this application the applicant states that the golf course wants this tree removed for the following reasons: a) Limbs and gum balls have fallen out and make a mess. b) The morning shade ruins the dwarf Bermuda on Green 6 making the hole difficult to play. Sodding The Green Based upon Staff review it appears that preservation of the tree will prevent normal use of the property. Gum Balls Gum balls may be considered a nuisance. Gum balls do not have to be cleaned at all. In this and other situations where the owner desires to keep the course clean of gum balls, 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 reveal evidence of public safety issues caused by this tree and others in the area. In time, limbs on these trees may fall out from time to time. Previous improper pruning in the past may have caused instability or inclination to wind damage. There are four maples in this same area that have been topped and ruined by previous managers and those along with the specimen need to all be removed. There is no report from an independent certified arborist that states that the tree has any structural damage or instability. June 14,2004 REGULAR AGENDA ITEM 504 Page 3 Conclusion Staffs review of this application concludes that the applicant's request is based upon long term improvements and commercial operation 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 sweet gum tree from Hole #6. Since the golf course is one of the most treed areas in the Highlands subdivision and tries to provide habitat for birds and wildlife, and is willing to replant inch per inch for the 28" tree removal, this should meet the code for such replacement planting. As per the A rbor ordinance 2003-22 all replacement trees must be installed within 30 days of permit issuance. ATTACHMENTS: A. Ordinance 2003-22 (pertinent excerpts) B. Location map COMMISSION ACTION: \ ATTACHMENT A Ordinance '::"'/~i. " Sec. 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 conversation, air pollution and noise,' and to make the City a healthier, more attractive and safer place in which to live. (b) Intent. The intent ofthis Chapter is to encourage the protection ofthe maximum number of . Trees within the Primary Tree Protection Zone and of large Specimen Trees within the Secondary Tree Protection Zone. It is further the intent of this Chapter to encourage the protection of Trees native to Central Florida and to encourage proper removal of exotic, pest trees. ' 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 O1dinallce Chapter except in accordance with the provisions set forth herein. SEC,S~3 (s1) , ~ Specimen 'free. A Tree, other than an undesirable tree, structurally unsoU11d tree that cannot " be recovered by pruning! dead tree, or diseased tree, that is has a caliper of twenty-four (26 W inches or more in diameter. Specimen trees shall not include laurel oak (Quercus laurifolia), sand pine (Pinus clausa). or cherry laurel (Prunus caroliniana). (t-y) Stem. The main trunk ofa plant; its primary axis that develops buds and shoots instead of roots. Sec~ 5-4,' Permit Requited for Tree Removal and Land Clearing; Separate Violations; Criteria: Contractor Permit ~equired. (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. If a property owner has retained a contractor to perfOlm the Land Clearing or Tree Removal. the contractor shall be responsible for obtaining the permit required by this Chapter prior to the Land Clearing or Tree Removal. It shall be a separate violation ofthis Chapter for each Tree ' . removed and each day a person is engaged in Land Clearing without a permit. . - - - .., v (b)' ,Removal. Notwithstanding any other provision of this Chapter, Specimen or Historic Trees . ~ s~all not be removed except for extraordinary circumstances and hardships and only by final .".. pennit approved by the City Commission. See. 5-9. Tree Replacement GuideUnes. (a) 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 Appendix B, Desirable Trees or Appendix C, PI efeu cd Plant List or such other Trees properly approved by the City Forester. e, lacement shall occur rior to e' ssuance of a certificate of ccu c if roval is pending) or ReplacenlcIrt shaH occm within ninety (90) thirty (30) days of removal or destruction, whichever date is earlier. unless a greater replacement period is provided for good cause by permit. (b) Criteria for Replacement Trees is'as follows: S (C 5 ~ I Lf (b) . (1) 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. "' Burden of Tree Protection on Property Owner. It shall be the responsibility of a de~dopet or applicant property owner and their agents to ensure that any Tree shown 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 (1) year from completion of pennitted construction, unless a greater time period is required by development agreement. If a retained or replacement Tree dies during that time period, the property owner shall replace the Tree in accordance with a remedial action apprQved under ~ 5-17 of this Chapter. , required to be planted or retained under this Chapter. Trees or plants planted in the City's rights-of- way are subiect to removal or trimming by the City at any time. No lice 01 plant shall be planted within a City tights-or-way 01 easement without eXpress peuuissiou .from the City FOlcStet. Sec. 5-16, (a) . 'Vaivers: Incentive Proeram: and Appeals, Waivers. The City Commission may grant a waiver to provisions of this Chapter where the applicant demonstrates that the literal interpretation of the ordinance Chapter will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the ordinance Chapter. The preservation of any approved 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 request for waiver is to preserve such Tree which would otherwise have to be removed, it may direct any required waiver fee to be waived. . Continu d Pg 2406 '----" W:S.' SENIOR. CrR. W:S. REC. CrR. I , I , , I , . , I I , I , I o 'w c _r ......~... \ B 1 ~ Continued Pg 2422 2 3 ,- 401 '\ 4 r JOl \~OS 5 \ 15t~!{J', 201 I ' ,", - 1. - J. I t Continued Pg 2423 6 7 W ST ATE ROAD 434 ISJ ~U7 Uf, lJI ~ , . , ' I,.. _ ~ _ t_. - - ~ A . . "''''...., \~ , ~(fl $}'" ~f ". NOTES: ,\ Fire Department Address Map PRINTED: REVISED: Nov, 2000 1: 2 : City of Winter Springs, FL o 200 400 ~,.. I c: I" - 350 feet 3 : Map Pa e 2414 Developed 8,."CNGfNEERlNG " UJ() SrsTEIIS Inc.