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HomeMy WebLinkAbout2013 01 28 Consent 204 646 Shady Lane Specimen Tree Removal COMMISSION AGENDA     Informational Consent X ITEM204 Public Hearings Regular       January 28, 2013KSRS Regular MeetingCity ManagerDepartment         REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Blake Roby to remove one (1) specimen live oak tree from his property at 646 Shady Lane.  The resident is concerned with the proximity of the tree to the home.   SYNOPSIS: Mr. Roby of 646 Shady Lane expressed concern that a 30" specimen live oak that is physically touching the house will cause damage to the structure.  Section 5-8(b) of the Arbor Ordinance provides that a specimen tree shall not be removed except for extraordinary circumstances, hardships, and only by approval of the City Commission.  CONSIDERATIONS: Based on an assessment of the tree made by the City Arborist and review of pictures and other pertinent information by Staff, approval of the request to remove this tree is highly recommended.  A portion of the eave of the house has already been cut out to accommodate the very large tree, but the tree is now touching the roof of the house again.  To further accommodate the tree by further reducing the roofline, the trusses of the house would likely need to be impacted and engineering would need to be done to ensure the integrity of the home. City Staff feel that this qualifies as an extraordinary hardship per the code, to allow for the specimen tree to be removed as outlined in the request. FISCAL IMPACT:  If this request is approved, the applicant will pay a $25.00 arbor permit fee to the Arbor Fund (110).  Consent 204 PAGE 1 OF 2 - January 28, 2013 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   RECOMMENDATION: Staff recommends that the City Commission approve the request of Mr. Blake to remove one (1) specimen live oak tree from 646 Shady Lane.  Staff is recommending approval due to the proximity of the tree to the home and the potential for the tree to cause considerable damage to the structure.  Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. ATTACHMENTS: A-Photographs of Specimen Tree Located at 646 Shady Lane B-Arbor Ordinance (pertinent excerpts) Consent 204 PAGE 2 OF 2 - January 28, 2013 Photograph Photograph 1: Specimen tree against house Arbor Ordinance (pertinent excerpts) Sec. 5-1. - Applicability. This chapter shall be applicable to all land lying in the incorporated area of the City of Winter Springs, Florida. (Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03) 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 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 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 chapter 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 chapter may be temporarily waived by the city commission by resolution. (Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12) Sec. 5-3. - Definitions. As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates otherwise: (a) Caliper. Measurement of tree twelve (12) inches from soil level. (b) City. The City of Winter Springs, Florida. (c) City forest. The aggregate of all street trees and all park trees. (d) Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. (e) DBH. Diameter at breast height measured four and one-half (4½) feet from ground level at the base of tree. If a tree has co-dominant stems at or below four and one-half (4½) feet from ground level, it shall be measured as two (2) separate trees. (f) Desirable trees. Trees particularly adaptive to Central Florida identified as "desirable trees" in Appendix B of this chapter, as may be amended by the city manager or city commission. (g) Dripline. The vertical line running through the outermost portion of the tree crown extending to the ground. (h) Encroachment. The protrusion into a vehicular accessway, pedestrian-way, or required landscape area. (i) Heavy machinery. Mechanical land clearing, earth-moving, or earth-working equipment with a gross weight in excess of five thousand (5,000) pounds. For purposes of this chapter, all machinery which utilizes steel tracks for traction shall be considered to be heavy machinery, regardless of weight. (j) Historic tree. A tree which has been found by the city commission to be of notable historic interest to the city based on its age, species, size, historic association or unique characteristics. (k) Land clearing (grubbing). The disturbance or removal of vegetation using backhoes, bulldozers, root rakes, or similar mechanical means which may kill trees or damage their roots, branches, or trunks. Routine lawn mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal shall not be considered land clearing and grubbing provided no grade change occurs. (l) Person. Any individual, firm, corporation, partnership, joint venture association, principal, trustee, municipal corporation, political subdivision, or special district, or any agent or representative thereof. (m) Preferred Plant/Tree. Preferred plants shall mean the plant materials listed in Appendix B: Desirable Trees and shall be of the size specified in the column labeled "Preferred Plant Size/Minimum Height," which may be amended from time to time by the city manager in writing. (n) Primary 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. (o) 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. (p) Protective barrier. Shall be a polygon of 2? × 4? 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 least thirty- six (36) inches, with the top four (4) inches marked by fluorescent orange paint or tape. (q) Replacement trees. Replacement trees shall at a minimum comply with the provisions of subsection 5- 9. (r) Secondary tree protection zone. This shall mean all areas not included in the primary tree protection zone. Subdivision street rights-of-way and easements are also defined as being within the secondary tree protection zone. (s) Silviculture. A process, following acceptable forest management principles, whereby the crops constituting forests are tended, harvested and reproduced. (t) Specimen tree. A tree, other than an undesirable tree, structurally unsound tree that cannot be recovered by pruning, dead tree, or diseased tree, that has a DBH of twenty-four (24) inches or more. Specimen trees shall not include laurel oak (Quercus laurifolia), sand pine (Pinus clausa), cherry laurel (Prunus caroliniana) or any tree found on the Florida Exotic Pest Plant Council's Invasive Plant Species List. (u) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots. (v) Structure. Anything constructed, erected or placed, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground. This definition shall not include sidewalks, walkways, driveways or similar type improvements. (w) Transplant. The act of relocating an existing tree upon the same lot. (x) Tree. Self-supporting woody, perennial plants which have a trunk with a DBH of at least four (4) inches and normally grow to an overall crown height of a minimum of fifteen (15) feet. Cabbage palm greater than fifteen (15) feet tall. (y) 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 city arborist may damage the tree may occur. This zone is calculated according to Appendix C to this chapter. (z) 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, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrading around the base of the tree trunk. (aa) Tree replacement assessment. Tree replacement assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs may be required by this chapter for the replacement of trees cut, destroyed, or removed as a result of development or redevelopment. (bb) Tree replacement credit. The tree replacement credit shall be established by the city commission and set forth in Appendix B: Desirable Trees. (cc) Tree trunk. The main stem of a tree apart from limbs and roots. (dd) 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. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12) Sec. 5-4. - Permit required for tree removal and land clearing; separate violations; criteria; contractor permit required. (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 perform 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 of this chapter for each tree removed and each day a person is engaged in land clearing without a permit. (b) Criteria. Upon receipt of a completed application and verification on-site by the city arborist, a permit may be issued for tree removal under any one of the following conditions: (1) 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 section 5-9 of this chapter. (2) Trees with a trunk(s) located within ten (10) feet of a structure and that pose a clear hazard or that have caused damage to said structure as determined by the city arborist. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public infrastructure and facilities. (5) Undesirable trees, per Appendix A. (6) Trees removed by the city or other governmental agency and which are located within a public road, drainage rights-of-way, or permanent utilities and drainage easements. (7) Trees that have been approved by the city arborist and which shall be replaced elsewhere on the property. (8) Trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. (9) All trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of this chapter only if trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (c) Review standards. When making a determination on whether a tree meets one of the conditions set forth in section 5-4(b) and therefore, whether to approve or deny an application under this chapter, the city shall apply one (1) or more of the following standards of review deemed relevant: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utilizing public easements and rights-of-way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non-occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural defects that pose a clear and obvious safety hazard to people, buildings or other improvements on lot or parcel of land. (4) Necessity to remove trees which prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. The applicant shall submit operating instructions or other manufacturer guidance setting forth the amount of sunlight exposure required for proper operation of the energy device or other such evidence of the necessity to remove trees. (5) The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (6) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. (7) Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. (8) Good forestry practices, such as the number of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (9) 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. d. Need for locating street or road rights-of-way, utilities, drainage ways, as well as the need to provide reasonable use and property access. (10) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (11) The species and size of the trees proposed for removal. (12) The following factors shall also be considered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. (d) Silviculture exemption. All trees planted specifically for silvicultural purposes shall be exempt from the provisions of this chapter provided the property owner can provide documentation to the city evidencing that: (1) The property is registered as a silvicultural site with the division of forestry; and (2) Trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property owner has, or intends to, generate income from the harvested trees. (e) Contractor license required; contractor obtaining permits. Any person or entity engaged in the business of tree removal or pruning shall be licensed by the city on an annual basis. Licenses may be obtained from the city by completing an application prepared by the city and paying the required license fee. The license application shall contain at a minimum the name, address, and telephone number of the contractor and a copy of the contractor's local business tax receipt and proof of liability and workers' compensation insurance. It shall be unlawful for any person or entity to engage in the business of tree removal or pruning within the City of Winter Springs without a license required under this subsection. It shall also be unlawful for any such person or entity to fail to obtain a permit on behalf of a property owner pursuant to section 5-4(a) of this chapter. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2006-23, § 4, 12-11-06; Ord. No. 2010- 04, § 2, 3-8-10; Ord. No. 2011-16, § 2, 2-27-12) Sec. 5-8. - Specimen or historic trees. (a) Designation. Certain trees, herein referred to as "specimen" or "historic" trees, are of especially great concern to the public because of ecological value, of indigenous character, size, age or historic association. Determination that a tree is a historic tree shall be made by resolution of the city commission after a recommendation of the beautification board of Winter Springs, and the city arborist shall keep a permanent record of all trees so designated by the city commission. Specimen trees are all trees (other than "undesirable trees" identified in Appendix A, dead trees or diseased trees) which have a DBH of twenty-four (24) inches or more. Designation as an historic tree may occur in any one (1) of the following ways: (1) An applicant may request designation of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an expert evaluation by a landscape architect, horticulturalist, city arborist, or other horticultural expert as part of the application. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert evaluation by a landscape architect, horticulturalist, city arborist or other horticultural expert. (3) The city's arborist may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designation, or may make such designation as part of an overall tree protection planning program for the city or portion thereof. (4) Historic tree designations shall be subject to approval by resolution of the city commission and the city commission may grant tree replacement credits, upon granting an historic tree designation. (b) 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. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12) Sec. 5-16. - Waivers; incentive program and appeals. (a) Waivers. The city commission may grant a waiver to provisions of this chapter where the applicant demonstrates that the literal interpretation of the 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 chapter. The preservation of any approved tree over four (4) inches in DBH 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. (b) Appeals. Any person adversely affected by an administrative interpretation of this chapter by the city arborist may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten (10) calendar days of said interpretation. The city manager shall decide said appeal within five (5) business days. Any person adversely affected by an administrative decision of the city manager under this chapter may appeal that interpretation to the city commission by filing a written notice of appeal of said interpretation within thirty (30) calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final and shall be deemed a waiver of the person's right to further appellate review and proceedings. The city commission shall decide said appeal within thirty (30) days of the city's receipt of said notice of appeal and the city commission's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mutual agreement between the city and the person filing the notice of appeal. (c) Incentive program. The city commission reserves the right to offer and approve incentives for purposes of protecting and preserving mature trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, varying provisions of the city's land development regulations (e.g. reduced parking; modified setbacks) and providing credits to city development fees. Any incentives granted under this subsection shall be consistent with the comprehensive plan and shall be by development agreement or other formal approval. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12)