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7 Composite - Verified Written Declartion of Michael Miller, RLAVERFIED WRITTEN DECLARATION OF MICHAEL MILLER, RLA The undersigned Declarant, Michael Miller, hereby states the following: 1. My name is Michael Miller, and I am licensed to practice landscape architecture in the State of Florida as a Registered Landscape Architect (RLA License # LA6666826). 2. The facts set forth herein are based on my personal knowledge regarding the removal of certain trees from the residential property of Thomas and Kathleen Bourdon, located at 342 19th Street in Atlantic Beach, Florida. 3. In addition to being licensed by the State of Florida as a Registered Landscape Architect since 2006, my education, knowledge, skills, training and professional experience in the field of landscape architecture demonstrate my qualifications and professional competency to testify and opine on the facts set forth herein; namely: a. I received my Bachelor of Landscape Architecture degree from the University of Florida in 1998. b. I have held several leadership roles in the Florida Chapter of the American Society of Landscape Architects (ASLA) — the national association representing landscape architects throughout the United States — including serving as President of the Florida ASLA Chapter in 2013. c. I am currently employed as a Senior Landscape Architect& Project Manager for England-Thims&Miller, Inc., a full-service engineering and consulting firm with offices located in both North and Central Florida. 4. On or about July 23, 2020, Mr. and Mrs. Bourdon closed on the purchase of their family's new home at 342 19th Street in Atlantic Beach (the"Bourdon Residence"). Shortly thereafter, and prior to relocating the family to Florida, Mr. Bourdon was advised that he should promptly have certain trees on the property removed, as they posed a danger to both the existing single-family home located on the Bourdon Residence and the property of his adjoining neighbor on the eastern side of the Bourdon Residence. 5. On or about August 1, 2020, Mr. Bourdon retained a local tree service company to remove a total of twenty(20)trees from his property;the remaining 42 trees located on the property were preserved onsite and are still standing today. A complete inventory of the trees removed from the Bourdon Residence — as prepared by an employee of the City of Atlantic Beach — is attached hereto as Composite Exhibit A"and incorporated by reference herein. Composite 7 11-4-21 Minutes 6. On or about August 10, 2020, Mr. Bourdon was contacted by an employee of the City of Atlantic Beach and advised that the City's local regulations required him to secure an after-the-fact permit for the removal of those trees from the Bourdon Residence. 7. The City's tree protection regulations require a permit for the removal of any tree identified as a "Legacy Tree" by the City, and Hickory trees are identified as one of the types of"Legacy Trees" subject to the City's permitting requirements. 8. One of the trees removed from the Bourdon Residence was a Hickory tree,with a diameter at breast height (DBH) of 24 inches; none of the other trees removed from the Bourdon Residence were "Legacy Trees," as defined by the City's tree protection regulations. 9. In 2019, the Florida Legislature enacted legislation to preempt certain local government regulations regarding the removal of trees on one's residential property; namely, Section 163.045 provides that: A local government may not require a notice, application, approval, permit,fee or mitigation for the pruning,trimming or removal of a tree on residential property if the property owner obtains documentation from .. . a Florida licensed landscape architect that the tree presents a danger to persons or property." 10. In my professional opinion as a Florida licensed landscape architect, no permit application was required to remove the Hickory tree from the Bourdon Residence, as — prior to its removal — the tree presented a danger to his property due to its size and proximity to the home's foundation and roof; as such, per the terms of Section 163.045, Florida Statutes, no permit was required for its removal, D/ notwithstanding any contrary provisions of the City's tree protection regulations. 11. Similarly, of the remaining nineteen (19)trees that were removed from the Bourdon Residence, fourteen (14) of them — prior to their removal— presented a danger to persons and/or property located on both the Bourdon Residence and the adjoining neighbor on the eastern side of the Bourdon Residence, due to their location, size and/or health; as such, in my professional opinion as a Florida licensed landscape architect, the removal of those fourteen (14)trees was also justified and expressly permitted by State law, notwithstanding any contrary provisions of the City's tree protection regulations. 12. A complete inventory of the twenty (20) trees removed from the Bourdon Residence — including identification of the fifteen (15) trees which presented a danger to persons or property at the time of their removal (the"Exempt Trees"),as well as the forty-two (42) trees that were preserved onsite — is set forth in Composite Exhibit"B"and incorporated by reference herein. Page 2 of 3 Composite 7 11-4-21 Minutes 13. For all the reasons set forth herein, it is my professional opinion that — per the express terms of Section 163.045, Florida Statutes —the Exempt Trees removed from the Bourdon Residence are not subject to the City's local regulations which might have otherwise required prior notice, application, approval, permits, fees or mitigation for their removal. Under penalties of perjury, I declare that I have read the foregoing recitals and the facts stated in it are true. Executed on this 21st day of October, 2021. ICHAEL MILL R, RLA Page 3 of 3 Composite 7 11-4-21 Minutes COMPOSITE EXHIBIT "A" TREE REMOVAL CALCULATIONS f City of Atlantic Beach Community Development Department10Y800SeminoleRoadAtlanticBeach,Florida 32233-5445 131); Phone: (904)247-5826 Fax: (904)247-5845 Email: Building-Dept@coab.us 1 5 Permit: TREE20-0034 Applicant: Thomas Bourdon Address: Site Address: 342 19th Street Phone: RE#: Email: TREE REMOVAL CALCULATIONS REMOVED Legacy(non-oak) Legacy(oak) Oaks Palms Others Total Protected Trees Removed: 24 0 0 130 72 226 7 Mitigation Needed: 24 0 0 130 72 226 Trees Removed: 24”Hickory;8", 9",11",2-14",16"Trees;8", 9",8-10",3-11"Palms MITIGATION Legacy(non-oak) Legacy(oak) Oaks Palms Others Total Credit for Trees Preserved: 0 0 0 0 0 0 Credit for Trees Relocated: 0 0 0 0 0 0 i Credit for Trees Planted: 0 0 0 0 0 0 Total: 0 0 0 0 0 0 5 Trees Preserved: None for credit(trees 3"-5"diameter). Trees Relocated: None for credit. Trees Planted: None for credit. Planted Legacy Tree species receive DOUBLE credit when replacing non-Legacy Trees.The Legacy Tree list includes BaldCypress; Southern and Eastern Red Cedars; Winged and Florida Elms; Live and Sand Live Oaks; Hickory; Pecan; Pignut Hickory;Loblolly Bay;Southern and Sweetbay Magnolias;Red and Florida Maples;and Tupelo. i ADDITIONAL MITIGATION REQUIRED (Mitigation Needed--Total) iE Legacy(non-oak) Legacy(oak) Oaks Palms Others Total New Trees Planted: 0 0 0 0 0 226 or Payment Into Tree Fund**: 0.00 0.00 0.00 0.00 0.00 $33,448.00 or A Combination of the Above** At least 50%of mitigation must be onsite. 1 Additional Notes:Mitigation is 1 inch preserved or planted for every 2 inches removed.Tree Fund rate is$148.00 per inch. 5 Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal. LAPPROVED i; DENIED TPO ADMINISTRATOR DATE Composite 7 11-4-21 Minutes Ys `Jr,, EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach JV., s Community Development Department FOR INTERNALOFF/CEUSEONLY u r 800 Seminole Road Atlantic Beach,FL 32233 DAy (P)904-247-5800 PERMIT# List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B X". "()"= "0"= COMMENTS ID DBH SPECIES removing preserving replacing 1 10" Palm 2 24" Hickory Legacy Tree" (Sec.23- 33(f)(2)(c),AB Ord.Code) 3 11" Tree 4 16" Tree 5 11" Palm 6 10" Palm 7 10" Palm 8 10" Palm 9 9" Palm 10 11" Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm 15 10" Palm 16 8" Palm 17 14" Tree 18 8" Tree 19 14" Tree 20 10" Palm Total 266" DBH 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Composite 7 11-4-21 Minutes 1, 09, 3A? BO- P-r°c"Tree #1: 10" Palm r,_, s'. K,4-..z,,,,,,, i Tree #2: 24” Hickory Tree #14 Tree #13 aL*1 ^Tree #3: 11" Tree Tree #12 l'".•'' i eo $ Tree #4: 16 Tree Tree #15, c ':, x eesga ' 41 X h• • . ,10440 Tree #5: 11" Palm Tree #16 l X Tree #17 0 ' ' Tree #6: 10" Palm n t 1 x • li ree #1 Tree #7: 10" Palm w Tree #18 x Tree #2 e #8: 10" PalmTree #19 Tree Tree #20 `— eito Tree #9: 9" Palm ago' 15 — 4' Tree #6ii G' Tree #10: 11" Palm It G r Fa X `' Tree #3 Tree #11: 9" Tree0ll 16 4 X Tree #4 Tree #12: 10" Palm 0 STORY- X X Tree #5 Tree #13: 11" Palm Co QU1 .4 Tree #14: 10" Palm x1.1 4t• t'.4 /C.-EAYeS ' I Tree #15: 10" Palm F=34 r e. Tree #16: 8" Palm of 0.2 •7:• Chc. p> 0v. c •R r 'r c Tree #17: 14" Tree V Tree #8 1\1 ' Tree #18: 8" Tree X Tree #19: 14" Tree 0 XTree #10 v,.,Tree #7 ' :_ Tree #20: 10" Palm Xdi!,,, ' • `- 0.1'4.-w Ai Tree #9 Ili C reks` of Ii ' r s, w; ':>ree #11 YNR I Mil. Composite 7 11-4-21 Minutes s1ANr, EXHIBIT C: TREE MITIGATION WORKSHEET J3 J1 '` ', City of Atlantic Beach COMPOSITE EXHIBIT "B" Lam,, f 1 -___,:_..v Community Development Department V-. Y 800 Seminole Road Atlantic Beach,FL 32233 RLA Inventory of Exempt Trees Jii P)904-247-5800 per Section 163.045,Fla.Stat. List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B ID DBH SPECIES Removed EXEMPT COMMENTS Trees TREES 1 10" Palm Treee p eorented danger to persons/property atl Tree presented danger to persons/property 2 24" Hickory IP at time of removal 3 11" Tree Tree presented danger to persons/property at time of removal 4 16" Tree Tr aprese ofentedval ted danger to persons/property a511" Palm 0 0 at timerosentedvalnteddanger to persons/property r610" Palm Treea prese ofent dvaled anger to persons/property at710" Palm 8 10" Palm Tre aproseented md danger to persons/property aTree presented danger to persons/property 9 9" Palm W at time of removal 10 11" Palm Tre preesent ed dual danger to persons/property a119" Tree O 12 10" Palm 13 11" Palm 14 10" Palm Tr ti preoeented mdvainger to persons/property at1510" Palm Tree presented danger to persons/property 16 8" Palm at time of removal 17 14" Tree Tr Tree prese ofented danger to persons/property al 18 8" Tree Tr apresofennted tedval danger to persons/property at1914" Tree 0 A Tr aipresofentented dval danger to persons/property 20 10" Palm a Tree presented danger to persons/property at time of removal TotalTotal DBH based on the 5 removed trees that did not 50" DBH qualify as Exempt Trees,per Sec.163.045, Fla. Stat. 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Composite 7 11-4-21 Minutes Tree#1: 11" Palm Tree#21: 13" Palm Tree#2: 5" Palm Tree#22: 13"Other 0 ® Tree#3:23" Other Tree#23: 12" Palm 1 ? x', * s 0 fr^M, Tree#4:9.5"Other Tree#24: 10" Other 4;;. Tree#5: 10" Other Tree#25: 12" Palm Tree#6:8"Other Tree#26: 11" Palm 60 Tree#7:8.5"Other Tree#27:8" Other y. Tree#8:9" Other Tree#28: 6"Other o', Tree#9: 10" Other Tree#29:9" Palm Tree#10:7.5" Other Tree#30:2"Other Co ncret e Tree#11:8" Other Tree#31:3.5 "Other Tree#12: 11" Other Tree#32: 3.5" Other Tree#13: 10" Other Tree#33: 12" Palm Tree#14: 10" Palm Tree#34: 12" Palm Tree#15: 12.5" Palm Tree#35:12" Palm Tree#16: 14" Other Tree#36:13" Other Tree#17:8"Other Tree#37: 11" Palm Tree#18:6" Other Tree#38: 11.5" Palm Tree#19: 11" Palm Tree#39: 12 Palm" Tree#20: 12.5" Palm Tree#40:9. 5"Palm Tree#41: 12.5" Palm COIICrete Tree#42: 11" Palm 0® Tree#43: 11" Palm 1.' PRESERVED TREES 342 19th St.,Atlantic Beach Composite 7 11-4-21 Minutes s `lr, ' EXHIBIT C: TREE MITIGATION WORKSHEET 7 , ?,, City of Atlantic Beach I " i Community Development Department r 800 Seminole Road Atlantic Beach,FL 32233 PRESERVED TREE INVENTORY JHl9`,'~ (P)904- 247-5800 List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B PRESERVED COMMENTS ID DBH SPECIES TREES 1 11" Palm 2 5" Palm 3 23" Oak 4 9.5" Sweetgum 5 10" Sweetgum 6 8" Sweetgum 7 8.5" Sweetgum 8 9" Sweetgum 9 10" Sweetgum 10 7.5" Sweetgum 11 8" Sweetgum 12 11" Sweetgum 13 10" Sweetgum 0 14 10" Palm 15 12.5" Palm 16 14" Sweetgum 17 8" Sweetbay Magnolia 0 18 6" Sweetbay Magnolia 19 11" Palm 20 12.5" Palm 21 13" Palm 22 13" Sweetgum 23 12" Palm 24 10" Sweetgum 25 12" Palm 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Composite 7 11-4-21 Minutes 1 t%='`irEXHIBIT C: TREE MITIGATION WORKSHEET 3 J City of Atlantic Beach 5.,tr) Community Development Department oxi>) 800 Seminole Road Atlantic Beach,FL 32233 PRESERVED TREE INVENTORY P)904-247-5800 List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B PRESERVED COMMENTS ID DBH SPECIES TREES 26 11" Palm 27 8" Sweetgum 28 6" Oak 29 9" Palm 30 3.5" Sweetbay Magnolia I 31 3.5" Sweetbay Magnolia 0 32 12" Palm 33 12" Palm 34 12" Palm 35 13" Oak 36 11" Palm 37 11.5" Palm 38 12" Palm 39 9.5" Palm 40 12.5" Palm 41 11" Palm 42 11" Palm Total 433" DBH 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Composite 7 11-4-21 Minutes