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.
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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
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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
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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
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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
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1,
09,
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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
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r Fa
X `' Tree #3 Tree #11: 9" Tree0ll
16
4 X Tree #4 Tree #12: 10" Palm
0 STORY- X
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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
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Tree #9 Ili C reks`
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I Mil.
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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
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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
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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
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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
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