Resolution No. 225-18-15258 A Resolution related to a request pursuant to Section 20-4.5.1(A)(3) of the Land Development Code, to waive the tree mitigation fee for a property located at 6471 Sunset Drive. WHEREAS, the owner of the property located at 6471 Sunset Drive submitted tree removal permit application #ZTR18-0294 for the removal of two (2) Strangler Fig trees on February 21, 2018; and WHEREAS, the City's contracted arborist performed a tree resource evaluation on the two (2) Strangler Fig trees on March 20, 2018; and, WHEREAS, based on the tree resource evaluation, the two (2) Strangler Fig trees had the following dimensions: Scientific Common DBH H/Ct Canopy Condition Name Name Tree #1 Ficus aurea Strangler Fig 25" 25' 35' Moderate Tree #2 Ficus aurea Strangler Fig 52" 90' 65' Moderate WHEREAS, based on its dimensions, it was determined that both Tree #1 and Tree #2 are considered to be Specimen Trees; and WHEREAS, Section 20-4.5(B)(46) of the Land Development Code (LDC) states the following for Specimen Trees: Specimen Tree: A tree with a DBH of eighteen (18) inches or greater. Dade County Pines of DBH exceeding twelve (12) inches or Cabbage Palms with trunks greater than six (6) feet. The following types of trees that meet these criteria shall not be considered specimen trees: (a) Non-native species of the genus Ficus. (b) All multi-trunk trees in the palm family, except the Paurotis palm (Accelorrhaphe wrightii). (c) All nuisance plant species. (d)Prohibited plant species. (e) Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangoes, avocados, or species of citrus. WHEREAS, the City's contracted arborist recommended approval for the removal of Tree #1, and denial for the removal of Tree f(2; and WHEREAS, Section 20-4.5.1(A)(3) of the LDC requires that replacement trees be planted to mitigate the removal of a Specimen tree and a tree mitigation fee of SI,000 shall be paid into the City's Tree Trust Fund in addition to any required mitigation; and :g 1 Resolution No. 225-18-15258 WHEREAS, the City Commission adopted Ordinance #21-18-2310 on November 6, 2018, amending Section 20-4.5.1(A)(3) of the LDC to give the City Commission the ability to waive the tree mitigation fee when the removal is required to protect the health, safety or welfare of an individual or to protect property that is endangered by the tree; and WHEREAS, Ficus aurea trees do not develop a tap toot structure that permits them to withstand high winds; and WHEREAS,Ficus aurea trees are a soft wood species that can harbor interior rot that is hard to detect from exterior observation of the tree; WHEREAS, per the tree resource evaluation, the arborist observed dead wood in a cavity at the base of Tree #1 as well as decay its main branch; WHEREAS,the City Commission desires to protect the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1: The Mayor and City Commission hereby finds that the health, safety and welfare of the property owner and the owner's property are endangered by the large Fieus aurea trees identified as Tree #1 and Tree #2 in the City's arborist's report and which are located at 6471 Sunset Drive. Therefore, the City Commission hereby waives the S2,000 tree removal fee and only requires payment of the permit application fee and the planting of canopy replacements required by the City's Land Development Code or the County Code if more restrictive. Section 2. Severabilitv. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this^ day of December, 2018. ATTEST APPROVED: CITY CaERK MAYOR COMMISSION VOTE: 5-0 EGALff Mayor Stoddard: Yea NTH Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea AlTORNl Commissioner Welsh: Yea 2 o: 2 " Agenda Item No:4. City Commission Agenda Item Report Meeting Date: December 4, 2018 Submitted by: Marcus Ligtitfoot Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: CONSENT AGENDA Subject: A Resolution related to a request pursuant to Section 20-4.5.1(A)(3) of the Land Development Code, to waive the tree mitigation fee for a property located at 6471 Sunset Drive. 3/5 (City Manager-Planning Dept.) Suggested Action: Attachments: Cover Memo 6471 Sunset Drive Tree Mitigation.docx Resolution_6471_Sunset_Drive_Tree_Mitigation_WaiverJine_numbers.docx ZTR18-0294-Tree Mitigation Fee WaiverRequest.pdf ZTR18-0294-Tree Removal Permit Package.pdf Tree resource evaluation fortwo stranglerfigs at 6471Sunset Drive, South Miami.pdf CITY OF SOUTH MIAMI Sou# Miami OFFICE OF THE CITY MANAGER THF. CITY OF Pi EASANT LIVING INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via: Steven Alexander, City Manager From: Jane Tompkins, Planning and Zoning Director Date: December 4, 2018 Subject: A Resolution related to a request pursuant to Section 20-4.5.1(A)(3) of the Land Development Code, to waive the tree mitigation fee for a property located at 6471 Sunset Drive. Background: On February 21, 2018, the owners of the property located at 6471 Sunset Drive submitted tree removal permit #ZTR18-0294, requesting approval to remove two (2) Strangler Fig trees on their property. On March 20, 2018, Jeff Shimonski, the City's contracted arborist, performed a tree resource evaluation on the trees. Based on his evaluation, the two (2) trees had the following dimensions: Scientific Common DBH H/Ct Canopy Condition Name Name Strangler Tree #1 Ficus aurea 25" 25' 35' Moderate Fig Strangler Tree #2 Ficus aurea 52" 90' 65' Moderate Fig While Mr. Shimonski recommended the removal of Tree #1, he denied the removal of Tree #2 stating that it could be retained if dead and decaying wood and weakly attached branches in the canopy were removed by a competent and qualified arborist. He also recommended that the tree be annually monitored by a qualified ISA Certified Arborist to determine the health and structural stability of tree and to prescribe further pruning if necessary. Based on the report provided by Mr. Shimonski, it was determined that both Tree #1 and Tree #2 are specimen sized trees. Request: The applicant is requesting that the City Commission waive the tree mitigation fee that is required for the removal of any specimen sized tree in the City. 6471 Sunset Drive - Waiver of Tree Mitigation Fee December 4, 2018 Page 2 of 3 Analysis: After review of the tree resource evafuation report provided by Mr. Shimonski, it was determined that both Tree #1 and Tree #2 are specimen sized trees. Section 20-4.5(B){46) of the LDC provides the following definition for what a specimen tree is: Specimen Tree: A tree with a DBH of eighteen (18) inches or greater. Dade County Pines of DBH exceeding twelve (12) inches or Cabbage Palms with trunks greater than six (6)feet. The following types of trees that meet these criteria shall not be considered specimen trees: (a) Non-native species of the genus Ficus. (b) All multi-trunk trees in the palm family, except the Paurotis palm (Accelorrhaphe wrightii). (c) All nuisance plant species. (d) Prohibited plant species. (e) Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangoes, avocados, or species of citrus. Pursuant to Section 20-4.5.1(A)(3) of the LDC, the removal of a specimen sized tree requires that replacement trees be planted to mitigate their removal and a tree mitigation fee of $1,000 shall be paid into the City's Tree Trust Fund in addition to any required mitigation. Due to the burdensome cost of the tree mitigation fee, the applicant was unable to remove Tree #1 even though it was recommended that it be removed. Because there was no instrument in place for waiving the tree mitigation fee. Section 20- 4.5.1(A)(3) of the LDC was amended via Ordinance #21-18-2310 on November 6, 2018 to provide for a process by which the Commission can waive the fee when the tree affects the health, safety or welfare of an individual or to protect property that is endangered by the tree. As listed in the tree resource evaluation report provided by Mr. Shimonski, Tree #1 suffers from decay in its base as well as its main branch. Because of that, the tree is susceptible to failure over time. The arborist also inspected Tree #2 and found that it could be retained if dead and decaying wood, and weakly attached branches in the canopy are removed by a competent and qualified arborist. Many of the longer branches on this tree can be reduced in size thereby accomplishing a reduction in the height and weight of the canopy. Because of that, its removal has been denied. Recommendation: 1 READ AND APPROVED AS TO FORiM, COMMISSION VOTE: 2 LANGUAGE, LEGALITY AND Mayor Stoddard: 3 EXECUTION THEREOF Vice Mayor Harris: 4 Commissioner Gil: 5 Commissioner Liebman: 6 CITY ATTORNEY Commissioner Welsh: Commissioner Robert Welsh City of South Miami City Hall First Floor South Miami, FL 33143 November 17,2018 Re: 6471 Sunset Drive application for tree removal Dear Commissioner Welsh: It is our understanding that the City of South Miami commissioners voted unanimously on November 6,2018 to amend the City of South Miami Land Development Code, Chapter 20 Article IV, Section 20-4.5.1 subsection A paragraph (3} concerning the tree mitigation fee.