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11-04-21 CESM Adopted MinutesPresent• MINUTES Code Enforcement Special Magistrate Meeting Thursday, November 4, 2021 - 2:00 PM Commission Chamber Angela Irizarry, Code Enforcement Officer Suzanne Green, Special Magistrate Kim Flower, Records Clerk 1. PLEDGE OF ALLEGIANCE TO THE FLAG 2. CALL TO ORDER Magistrate Green called the meeting to order at 2:00 P.M. 3. APPROVAL OF MINUTES A. Approve minutes of the regular meeting of the September 2, 2021 Special Magistrate meeting. The minutes were approved as submitted. 4. ADMINISTRATION OF OATH Magistrate Green administered the Oath to the attendees -staff and respondents. 5. RECORD EVIDENCE The slideshow presentation and the case files packet were entered into the record as evidence. 6. OLD BUSINESS A. CASE 9. 20454 NAME. Rolando Figueroa Manuzon X (Homesteaded Property) ADDRESS: 1340 Violet Street Testified: CE Officer Irizan•y Respondent: Rolando Figueroa Manuzon was present. Action: The Respondent shall have 30 (thirt y) days from the date of this Order (November 24, 2021) to remove the structure to come into compliance and obtain a permit. The matter shall be calendared for the January 2022 public hearing if necessary. Code Enforcement Special Magistrate November 4, 2021 7. B. CASE #: NAME: ADDRESS: Testified: 21-087 Thomas Patrick Bourdon (Homesteaded Property) 342 19th Street CE Officer Irizarry, Attorney Karl Sanders representing Mr. Bourdon. Respondent: The Respondent Thomas Patrick Bourdon was present. Attorney Karl Sanders presented eight composite handouts to Magistrate Green (attached hereto and made part of this official record as Composite 1, Composite 2, Composite 3, Composite 4, Composite 5, Composite 6, Composite 7, and Composite 8). Action: The Respondent has provided numerous legal citations and statutes regarding the City of Atlantic Beach's position on trees removal and mitigation. The City of Atlantic Beach shall review the exhibits presented and if the matter is not rectified between the parties, the issue will be placed on the January 6, 2022, agenda for legal argument and determination of compliance. Composite 1 -Chapter 23 -Protection of trees and Native Ves;etation Composite 2 - Building Permit Application Composite 3 - Building Permit Application Composite 4 - Emails Composite 5 - COAB Land Development Code Chapter 24 Composite 6 - Florida House Of Representatives House Bill 1159-02 Composite 7 - Verified Written Declaration of Michael Miller, RLA Composite 8 - Ci 's Response to Bourdon's September 1 Submittal NEW BUSINESS A. CASE #: 21-037 NAME: Peter Havens '� (Homestead Property) ADDRESS: 94 W 13th Street Testified: CE Irizarry Respondent: Not present Action: The City of Atlantic Beach shall review the permit and any further ruling shall be deferred until the January 6, 2022, public hearing. B. CASE #: 21-052 NAME: Tanikia Collins ADDRESS: 1251 Tulip Street Testified: CE Irizarry; Tamikia Collins Respondent: Respondent Tamikia Collins was present. Code Enforcement Special Magistrate November 4, 2021 Action: The Respondent shall submit a permit application and plans within thirty (3 0) days of the date of this Order (November 24, 202 1) and the City of Atlantic Beach shall review the application and any further ruling shall be deferred until the January 6, 2022, public hearing, if needed. C. CASE #: 21-061 NAME: Fritz Reinhardt Trust Et Al ADDRESS: 710 Bonita Road Testified: CE Office Irizarry; Fritz Reinhardt; Chris Culbretly Respondent: Respondent Fritz Reinhaldt was present. Action: The Respondent shall clean up the property within forty-five (45) days of the date of this Order (November 24, 202 1) and reviewed at the January 6, 2022, hearing, if necessary. ADJOURNMENT There being no further discussion, Special Magistrate Green declared the meeting adjourned at 3:52 p.m. Attest: Kimberly Records Clerk Green, Special Magistrate Code Enforcement Special Magistrate November 4, 2021 Composite 1 114-21 Minutes CHAPTER 23 - PROTECTION OF TREES AND NATIVE VEGETAT10Nu Footnotes: Editor's note— Section 2(Exh. A) of Ord. No. 95-09-98, adopted Jan. 12, 2009, repealed the former ch. 23, "Vegetation," arts. I—V, §§ 23-15-23-171 23-19, 23-201 23-22, 23-25, 23-36-2340, and 23-46- 23-50, and enacted a new ch. 23 as set out herein. The former ch. 23 pertained to tree protection, accumulation of weeds, and historic tree preservation and derived from Ord. No. 55-82-19, adopted March 22, 1982; Ord. No. 95-89-44, adopted Jan. 8, 1990; Ord. No. 95-95-64, adopted Feb. 12, 1996; Ord. No. 95-00-73, adopted March 27, 2000; Ord. No. 95-02-79, adopted Oct. 14,2002; Ord. No. 5-03- 42, adopted July 14, 2003; and Ord, No. 95-07-92, adopted Feb. 12, 2007. Cross reference— Streets, sidewalks and other public places, Ch. 19. ARTICLE I. IN GENERAL Sec. 23-1. Purpose and intent. (a) Purpose. The provisions of this chapter are established for the purpose of enhancing, conserving, restoring, protecting and preserving the natural environment, specifically related to trees and native coastal dune vegetation. Priority shall be given to the protection and preservation of existing resources. (b) Intent. The provisions of this chapter are intended: (1) To establish efficient and effective procedures, regulations and guidelines for the protection of existing vegetation, installation of native landscaping and maintenance thereof regarding vegetation including, but not limited to, trees, shrubs, salt marsh and beach dune grasses, and ground covers. (2) To promote and sustain community values by providing for an aesthetically pleasing environment where a healthy tree canopy is maintained and regenerated. (3) To protect natural systems and avoid impairment of their natural functions including the provision of shade and cooling on lots and development parcels, sidewalks, streets and other public places. (4) To provide protection for environmentally sensitive areas. (5) To encourage protection of healthy trees and provide for replacement and/or relocation of trees which are necessarily removed during construction, development or redevelopment. (Ord. No. 95-09-98, § 2(Exh. A), 1-12-09) Sec. 23-2. Applicability. All lands within the City of Atlantic Beach shall be subject to the provisions of this chapter. (Ord. No. 95-09-98, § 2(Exh. A), 1-12-09) Sec. 23-3. Relationship to land development regulations and the comprehensive plan. This chapter contains specific and detailed provisions intended to implement the related policies as set forth in the comprehensive plan, as may be amended. The provisions of this chapter shall be implemented in coordination with chapter 24, Land Development Regulations, of this Municipal Code, and in the case of any conflict between the two (2) chapters, the provisions establishing the higher standard shall prevail. Page 1 of 33 Composite 1 114-21 Minutes (Ord, No. 95-09-98, § 2(E2h. A), 1-12-09) Sec. 23-4. Amendments to this chapter. The city commission shall have the authority to amend this chapter as needed to implement its intent, or to implement objectives and policies of the comprehensive plan, or otherwise enact updates as may be appropriate. Amendment to this chapter shall be made in accordance with the established procedures for amending any portion of this Code of Ordinances. (Ord, No. 95-09-98, § 2(Exh, A), 1-12-09) Secs. 23-5-23-7. -Reserved. ARTICLE II. LANGUAGE AND DEFINITIONS Sec. 23-8. Definitions, For purposes of this chapter, the following terms shall have the meanings as set forth within this section, and where interpretation is required, shall be interpreted so as to give these terms the meaning they have in common usage. Where applicable and appropriate to the context, definitions as set forth within chapter 24, Land Development Regulations, of this Municipal Code, Florida State Building Codes or within Florida Statutes, as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Administrator shall mean the representative of the city as designated by the city manager to oversee administration of this chapter, Adverse site conditions shall mean existing site conditions that unfavorably affect the implementation of the provisions of this chapter and that hinder plant viability and growth. Examples include, but are not limited to, (1) Existing topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. (2) Existing areas of buried solid waste at a depth that would affect viability of preserved or planted materials. (3) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (4) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (5} Redevelopment sites where existing landscaping does not meet current standards and where existing site conditions such as, but not limited to, impervious surf aces, access locations, or building locations, prevent the site from meeting the current requirements, (6) Sites where type or distribution of existing canopy or other protected trees are such that preservation requirements would prohibit site development or conflict with required development standards, such as stormwater or roadway designs. (7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees are not considered adverse site conditions. After -the -fact permit shall mean a permit issued after a violation has occurred for the primary purpose of correcting the violation (if the activity would have been permittable) or for the purpose of bringing the violator into compliance with existing regulations. Page 2 of 33 Composite 1 11-4-21 Minutes Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this chapter. Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit as required by the provisions of this chapter. Approval shall mean written permission in the form of a tree or vegetation removal permit from the administrator pursuant to a duly executed application submitted on a form as provided by the city, authorizing the applicant to proceed with an action as proposed within the application. Such approval may consist of limitations or conditions specific to the project. Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the city in section 23-35(b). This list shall be updated on an as needed basis. Atlantic Beach Recommended Species List shall consist of species that are best adapted to the local ecosystem, which may provide the most desirable characteristics to the community. Replacement credit may only be given for trees on the recommended species list in section 23-33(f)(1)f. Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for the issuance of a building permit by the city, such as building setback areas, shoreline protection buffers, coastal construction setback areas, wetlands and other similar areas required pursuant to the applicable provisions of this chapter and the land development regulations. Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above the existing grade or proposed grade for trees four (4) inches in trunk diameter and under, and twelve (12) inches above the existing grade or proposed planted grade for trees larger than four (4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for new plantings. Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk. Certified arborist shall mean any person holding a valid and current arborist certification as issued by the International Society of Arboriculture (ISA). City shall mean the City of Atlantic Beach. Clear trunk shall mean the height of a palm tree measured from the ground to the point where the lowest green frond is attached to the trunk. Coastal dune vegetation shall mean the naturally -occurring, salt -tolerant native species of grasses, shrubs, vines and trees that stabilize the dunes by holding existing sand and that serve to repair the dunes of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand. Community forest shall mean the collection of trees in and around the City including park and street yard trees on public property, and yard trees on private property. Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the branches, leaves, flowers, and fruit that grow above ground. Developed area shall mean that port ion of a site upon which any building, structure, pavement, or stormwater facility is placed. Development or development activity shall mean any alteration of the natural environment which quires the approval of a development or ptaFl uance of a development permit; shall also include the "thinning" or removal of trees from a deve d, including that carried on in conjunction with a forest management program, and the removal of trees incidental to the development of land or to the marketing of land for development and shall also include activities defined as development with section 24- 17 of this Code of Ordinances_ Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured at a height of fift y-four (54) inches above the naturally occurring ground level. Trees with gross abnormalities or buttressing at the breast height should be measured above or immediately adjacent to the irregularity. Trees that fork at or above breast height should be measured below breast height and recorded as a single trunk. Trees that fork below breast height should be recorded as separate DBH for each. Page 3 of 33 Composite 1 114-21 Minutes Diseased tree shall mean a tree with a sustained or progressive impairment caused by a parasite, pest or infestation which seriously compromises the viability of the tree, in that it is unlikely the tree will remain living and viable for a period of more than three (3) years, or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of the diseased tree. Dripline shall mean the imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects with the ground. Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced. Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing grade of the land. See "Grading" also. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree. Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally, from a natural geographic range outside of Florida. Grading shall mean the placement, removal or movement of earth by use of mechanical equipment on a property. See "Excavation" also. Ground cover small means a plant material which reaches an average maximum height of not more than eighteen (18) inches at maturity. Grubbing means the effective removal of understory vegetation from a site which does not include the removal of any trees with DBH greater than three (3) inches. Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distinguished from a gymnosperm or cone -bearing tree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical region prior to significant human impacts. See "Native" also. Invasive exotic plant shall mean an exotic plant species that has escaped cultivation, naturalized, and established in a natural area allowing it to aggressively expand and reproduce on its own, and subsequently, alter native plant communities by out -competing for resources such as light, nutrients, water and space, killing native species, or otherwise adversely affecting natural ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C. 5B- 57.007) or listed on the Atlantic Beach Prohibited Species List. Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass, and ground cover; landscape water features; and nonliving durable material commonly used in landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces (pavement). Legacy tree shall mean a tree that is of the most desirable species in Atlantic Beach, and is of a size substantial enough to warrant an additional layer of protection. A permit is required any time a legacy tree is removed in Atlantic Beach. Mitigation shall be the same rate for legacy trees as it is for other protected trees. Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees (newly planted or relocated), or alternatively, deposit of a cash equivalent value in the tree conservation trust fund. Native shall mean a plant species occurring within the city boundaries prior to European contact according to the best available scientific and historical documentation. More specifically, it includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Naturalized exotic shall mean an exotic species that sustains itself outside cultivation. Page 4 of 33 Composite 1 11.4-21 Minutes Nondevelopment activity shall mean any alteration of the natural environment which does not require development plan approval or issuance of a building permit, but which would include the proposed removal or destruction of any trees or vegetation regulated by this chapter. Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody vegetation, on public or private property which is endangering or which in any way may endanger the public health, safety, security or usefulness of any public street, public utility line or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with an infectious disease or insect problem. Offsite shall mean any location outside the boundaries of the project site. Onsite shall mean any location within the boundaries of the project site. Person shall mean any landowner, lessee, building contractor, developer or other entity involved in the use of real property, including agents, employees, independent contractors, whether persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts, business trusts, syndicates, fiduciaries, governmental bodies, agencies or officials. Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground cover, or woody vegetation. Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to increase usefulness, beauty and vigor. Pruning standard shall mean the following: American National Standard Institute, Standard for Tree Care Operations—Tree, Shrub and Other Woody Plant Maintenance—Standard Practices (ANSI A300, current edition); American National Standard Institute, Safety Standards for Tree Care Operators (ANSI Z133.1, current edition); National Arborist Association Pruning Standards for Shade Trees (current edition). Qualified professional shall mean a person who possesses, in addition to skill, a special registration, certification, or knowledge which is obtained by formal education and training, and which is inherently or legally necessary to render him or her capable, competent, and eligible to perform the particular responsibilities called for. Regulated tree shall mean any tree as follows: (1) Private regulated tree shall mean any tree on private property, except those species 1;;s; on the Atlantic Beach Prohibited Species List, meeting the following conditions: a. A DBH of six (6) inches or more on residentially zoned property that will be removed two (2) years prior to or two (2) years subsequent to construction valued at over ten thousand dollars ($101000.00); b. Trees defined as legacy trees by this chapter; c. A DBH of ten (10) inches or more, if zoned nonresidential. (2) Public regulated tree shall mean any tree on public property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following conditions: a. A DBH of six (6) inches or more. (3) Heritage tree shall mean any tree determined by the city commission to be of unique or intrinsic value due to its age, size, species and/or cultural, ecological or historical significance or some other contribution to the city's character, specifically including all Cypress, Live Oak and Magnolia trees with a DBH of thirty (30) inches or greater and in good condition, as determined by a recognized knowledgeable person or qualified professional; also, any tree designated as a Florida State Champion, United States Champion, or World Champion by the American Forestry Association. Heritage trees may be located within parks, on street yards, or other public property. On private property, heritage trees are voluntarily nominated by the property owner. The city administrator shall keep a record of all heritage trees so designated and their location. Regulated vegetation shall mean vegetation located within any area designated as an "environmentally sensitive area," as defined by the city of Atlantic Beach Comprehensive Plan including, Page 5 of 33 Composite 1 114-21 Minutes but not limited to, all wetlands, all beach and dune areas seaward of the coastal construction control line, and all areas designated as conservation on the future land use map. Shade tree shall mean any self-supporting woody plant of a species that is generally well -shaped, well -branched, and well -foliated which normally grows to a minimum average height of at least thirty-five (35) feet with a minimum average mature crown spread of at least thirty (30) feet, and which is commonly accepted by local horticultural and arboricultural professionals as a species which can be expected to survive for at least fifteen (15) years in a healthy and vigorous growing condition over a wide range of environmental conditions. Shrub shall mean aself-supporting woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base. Site shall mean the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels intended for development under a common scheme or plan. Stop work order, as used in this chapter, shall mean an order from the designated administrative official to immediately halt all vegetation and tree removal, any form of site or soil disturbance, or other activity with potential to impact trees or vegetation regulated by this chapter. Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other means of ingress or egress, regardless of the term used to describe it. Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk DBH of at least three (3) inches or more and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees shall be classified as follows: (1) Large: Having an average mature height of fifty (50) feet or more. (2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (50) feet. (3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty (30) feet. Tree conservation trust fund (tree fund) shall mean an account established by the city to provide an opportunity to make equivalent value cash payment to the city in lieu of providing the required landscape or tree stock on a site. Tree protection plan shall mean the plan required pursuant to this chapter, identifying and showing the location, type, size and health of existing trees, stating the ultimate disposition of the trees, showing the type, size and location of any trees to be planted and setting forth measures to protect trees before, during and after construction. Tree protection zone shall mean the area located around the perimeter of the dripline of a 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 administrator may damage the tree. At the discretion of the administrator, the tree protection zone may be reduced for trees located on smaller lots in order to reasonably protect the tree and facilitate construction on the development parcel. Tree removal shall mean any act that physically removes the tree or its roots from the earth or causes a tree to die including, but not limited to, changing the natural grade above or below the root system or around the trunk or improper pruning where the natural form of the tree is permanently changed and results in tree death or decline. Tree or vegetation removal permit shall mean the written authorization issued by the city to proceed with vegetation or tree removal in accordance with the provisions of this chapter, which may include mitigation requirements and other terms and conditions as needed to create consistency with this chapter. The terms permit, tree permit, vegetation removal permit or tree removal permit may be used interchangeably as appropriate to the context. Tree technical manual (TTM) shall mean a manual, developed and maintained by the city, pursuant to this chapter, which contains the standards and specifications for sound arboricultural practices, techniques and procedures to be practiced within the city. Page 6 of 33 Composite 1 11-4-21 Minutes Underbrushing shall mean the removal of understory vegetation, either by hand or with the use of equipment, which neither disturbs the soil nor causes the destruction of any tree. Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and ground cover species not normally considered to be trees which exist in the area below the canopy of the trees, including any tree that is less than three (3) inches DBH. Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines, herbs and grasses, including marsh grasses and any coastal dune vegetation. Vegetation inventory shall mean a scaled drawing which delineates the location and common and/or scientific name of vegetation upon a parcel of land, including trees greater than three (3) inches DBH and palms with an overall height of more than eight (8) feet. If necessary, a survey or other professionally prepared document, certified as appropriate, may be required as part of the vegetation inventory. Viable shall mean having the capacity to live and develop. Waiver shall mean a limited deviation from a specific provisions) of this chapter or other land development regulations contained within City Code, when it is demonstrated that compliance with such provisions) would be unreasonable, in conflict with the public interest, or a practical impossibility. A waiver from the land development regulations may be approved by the city commission upon showing of good cause and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of the chapter. Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a desired plant. (Ord. No. 95-09-98, § 2(Exh. A), 1-12-09; Ord. No. 95-15-109, § 1, 5-11-15) Secs. 23-9-23-10. -Reserved. ARTICLE III. TREE AND VEGETATION REGULATIONS Footnotes: Ed tot's note— Section 2(Exh. A) of Ord, No. 95-10 101, adopted Feb. 22, 2010, amended art. III in its entirety to read as herein set out. Former art. III, §§ 23-11-23-16, 23-21-23-26, 23-30-23-371 23401 2341, and 2346-23-51 pertained to similar subject matter, and derived from Ord. No. 95-09-98(Exh. A), adopted Jan. 12, 2009. DIVISION 1. IN GENERAL Sec.23-11. Scope. The provisions of this chapter shall be administered as set forth within this chapter. administrative procedures, authorities and responsibilities of the city commission and the administrator are set forth herein. (Ord. No. 9540-101, § 2(Exh. A), 2-224 0) DIVISION 2. ADMINISTRATION Sec. 23-12. City commission. The city commission shall have the following authorities and responsibilities: Page 7 of 33 Composite 1 114-21 Minutes (1) To establish fees and fines related to the administrative costs of carrying out the requirements of this chapter. (2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of growing and maintaining the city's community forest. (3) To amend this chapter as may be needed to accomplish the stated purpose and intent of this chapter. (4) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision made by the administrator in the implementation of this chapter. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec.23-13. Administrator. The administrator shall have the following authorities and responsibilities; (1) To accomplish all administrative actions required by this chapter, including issuance of proper notices; receipt and review of applications; issuance of tree and vegetation removal permits; receipt and processing of appeals and any stop work orders. (2) To maintain all records relating to this chapter and its administration. (3) To provide written instructions to applicants related to the required process for applications as required by this chapter. (4) To receive, process and make administrative determinations on all applications for tree and vegetation removal permits as set forth in section 23-23. (5) To refer applications for tree and vegetation removal to other departments and agencies for comment, as set forth in section 23-23, as may be needed. (6) To conduct field inspections as needed to make determinations related to tree and vegetation protection or removal. (7) To review preliminary development plans, applications for certain building permits, including site and lot plans with appropriate city staff, to determine whether proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter. (8) To recommend to the city commission projects consistent with the purpose and intent of this chapter, with a written statement outlining the costs and benefits of such projects. (9) To recommend to the city commission amendments consistent with the implementation of the purpose and intent of this chapter, with a written statement outlining the need for such changes. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-14. Tree conservation trust fund. (a) Establishment of trust fund. The city commission hereby recognizes and reaffirms the prior establishment of the tree conservation trust fund ("tree fund") for the purposes of accepting and disbursing monies paid to the city as part of tree mitigation and any other funds deposited with the city for the purpose of tree and vegetation conservation and protection. This fund shall be used solely for the planting of trees, the protection and conservation of existing trees where appropriate, or the re- establishment of vegetative resources in the city and any other ancillary costs associated with such activities, provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the particular project. (b) Terms of existence. The tree fund shall be self-perpetuating from year to year unless specifically terminated by the city commission. Page 8 of 33 Composite 1 11-4-21 Minutes (c) Tree fund assets. All funds received shall be placed in trust for and inure to the public use and environmental benefit of the city. Said funds shall be used and distributed as designated by the city commission. (d) Tree fund administration. (1) Trust funds shall be used only for the purposes designated by the city in accordance with the I ntent of this chapter and the applicable goals, objectives and policies as set forth within the comprehensive plan. (2) All mitigation funds collected pursuant to this chapter shall be deposited in the tree fund, which shall be a separate account established and maintained apart from the general revenue fund of the city. (e) Disbursal of tree conservation trust fund assets. (1) Expenditures for projects funded by the tree conservation trust fund shall be made in accordance with the established purchasing procedures of the city. (2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation along public rights-of-way or on properties and lands in public use that will provide needed shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and along public roadways. Secondarily, funds may be used for purchase of landscape materials or equipment necessary and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems on any public land in the city, or for the funding of community educational programs which promote, enhance or implement the goals and objectives established in this chapter. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Secs. 23-15-23-20. -Reserved. DIVISION 3. PERMITS Sec. 23-21. Permits required by this chapter. Unless specifically exempted within following section 23-22, permits are required for removal of trees on all lands within the City of Atlantic Beach, which shall include the following: (1) New development on any previously undeveloped lands, or redevelopment on any vacant land where structures may have been fully or partially cleared. D(2)Major development on all existing developed sites having any structure or vehicle use areas where additions, renovations, upgrades or site changes are intended or anticipated within a two- year period of time when any such activity is valued at ten thousand dollars ($10,000.00) or more. Where value is in question, determination shall be made by the building official. (3) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless of whether any future development is intended or anticipated; it being the intent of the city that no parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated vegetation unless mitigation or replacement as required by this chapter is provided. (�) Removal of any tree on the Atlantic Beach Legacy Tree List. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 15 5-1145) Sec. 23-22. Exemptions from the requirement for a permit. Page 9 of 33 Composite 1 11-4-21 Minutes The following activities shall be exempt from the requirements to apply for and receive a tree or vegetation removal permit, except that none of these exemptions shall be construed to apply to any coastal dune vegetation seaward of the coastal construction control line or to heritage trees. Such vegetation and trees shall be fully subject to the provisions of this chapter and any state permitting requirements applying to the coastal zone. All other development activity as described in preceding section 23-21 involving the removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit. The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The administrator may require consultation with or documentation from a certified arborist or other qualified prof s ional to verify certain conditions. (1) No development activity or ctivit on reviousl develo ed s' evelopment activity involves any new construction, exterior additions, renovations r upgrades that are valued at less t usand dollars ($10,000.00. For the purpose of Ing w e er this exemption does or does not apply, t e administrator shall consider the cumulative valuation of all permits issued two (2) years prior and tw�(�) years subsequent to the tree rg`moval. If such permits collectively exceed the stated threshold, an after -the -fact permit and mit" igatidn shall be required. (2) Emergency situation. The removal of trees destroyed or severely damaged during or immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature) shall be granted an exemption when the administrator determines that permitting requirements will hamper private or public work to restore order to the city. (3) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and general welfare shall be granted an exemption upon inspection and determination by the administrator that immediate removal without delay is required. (4) Diseased orpest-infested trees. The removal of diseased or pest -infested trees shall be granted an exemption upon inspection and determination by the administrator that removal is needed for the purpose of preventing the spread of disease or pests. (5) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC), the Atlantic Beach Prohibited Species List, or some other recognized authority, shall be granted an exemption upon inspection and verification by the administrator. (6) Utility operations. The pruning and/or removal of trees or understory vegetation by duly authorized communication, water, sewer, electrical or other utility companies or federal, state, county or city agencies, or engineers or surveyors working under a contract with such utility companies or agencies, shall be exempt, provided the removal is limited to those areas necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utility service to its customers, and provided further that the activity is conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior notice to the city before commencing such work. (7) Surveyors/engineers. The pruning of trees and/or removal or understory vegetation by a Florida" licensed land surveyor or engineer in order to provide physical access or view necessary to conduct a survey or site examination for the performance of professional duties related to land surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a swath of ten (10) feet or less in width. However, land clearing for surveys shall not authorize the removal of regulated trees or regulated vegetation. (8) City crews. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public rights-of-way, within any utility or drainage easements or within the illumination areas of street lights, and other public lands as may be necessary, and shall not be Page 10 of 33 Composite 1 11-4-21 Minutes subject to mitigation assessment. The city shall not have the responsibility to maintain, prune or remove any damaged, dead or diseased trees on any private property within the city. (Ord. No. 9540-101, v 2(Exh. A), 2-22-10 Ord. No. 95-15-109, Sec, 23-23. Permits procedures. (a) Application required. The applicant for a tree removal permit shall submit the established fee along with the application form as created and provided by the city to the designated administrative department. The application shall contain all required narrative and graphical information necessary to determine compliance with this chapter. If the applicant is not the property owner, proper owner's authorization shall also be required. (1) Existing lots or parcels. When a tree or vegetation removal permit is required, applications for tree or vegetation removal shall be made prior to removal and prior to any site disturbance or grading on a lot or parcel. (2) New or re -platted subdivisions. Applications for tree or vegetation removal that will be part of a new subdivision plat or a re -plat shall be submitted along with the preliminary subdivision plat application so that due consideration may be given to the protection of regulated trees and regulated vegetation during the site planning and subdivision process. Trees to be protected shall be noted on the final subdivision plat, and subsequent applications for individual lots or parcels shall be consistent with the approved final subdivision plat, or application for a new tree removal permit shall be required. (3) After -the -fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after -the -fact permit, and meet mitigation requirements as assessed. (b) Sufficiency review of applications. Upon receipt of the application and appropriate fee, the administrator shall conduct a preliminary review within five (5) business days to determine that all required information has been submitted and is sufficient for review purposes. The administrator may refer the application to other city department(s) or a qualified professional consultant during preliminary review. The applicant shall be notified if extended review by other departments and/or professionals is required. The applicant shall be notified of any deficient items. Upon submittal of deficient or missing information, the administrator shall again review the application. If the requested information has not been provided or is insufficient, the applicant shall be notified in writing that no further review will be performed until the requested information is provided and found to be sufficient. However, an application shall be deemed abandoned thirty (30) days after the date the administrator notifies the applicant of any deficiencies contained in the application if the applicant has failed to submit the deficient or missing information. The administrator may, upon written request and justification by the applicant, grant not more than one (1) 30 -day extension. At the expiration of the extension, the application shall automatically become null and void. (c} Review by other agencies. At the discretion of the administrator, relative to the environmental sensitivity of the site, appropriate written sign -offs, permits or consents from the agencies listed below which have jurisdiction may be required prior to regulated tree or regulated vegetation removal from sites contiguous to or containing environmentally sensitive areas or lands. The applicant shall obtain this information and submit the agencies' written verification to the city: (1) Army Corp of Engineers (ACOE); (2) Saint Johns River Water Management District (SJRWMD); (3) Florida Department of Environmental Protection (FDEP), (4) Any other applicable governmental agencies extending jurisdictional controls over the site. (d) Compliance review and approval of applications. Applications will be reviewed and tree or vegetation removal permits will be issued in accordance with the following: Page 11 of 33 Composite 1 114-21 Minutes (1) Time forreview. Once an application has been deemed sufficient, the administrator shall conduct a full compliance review of the application and issue a notice of intent to issue a tree permit to approve or approve with conditions, or deny the application in accordance with the procedures set forth in section 23-52(g) hereof. (2) Standards for review, The administrator shall consider the following in making a determination of compliance with the provisions of this chapter. a. Necessity to remove trees which pose a safety hazard, as determined by the director of public works, to pedestrian or vehicular traffic, or threaten to cause disruption to public services or result in a significant obstacle to accessing and utilizing public easements and rights-of-way. b. Necessity to remove trees which pose a threat 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. c. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury, or trees with severe structural defects that pose a safety hazard to people, buildings, or other improvements on a lot or parcel of land. d. Necessity to remove trees in order to construct approved and permitted improvements to allow reasonable economic enjoyment of the property. e. Existence of any adverse site conditions which may affect the implementation of the provisions of this chapter. (e) Expiration of permits. Upon approval of the application by the administrator, the permit shall be issued. Work pursuant to the permit shall commence within twelve (12) months of the date of issuance, or the permit shall expire. (f) Content of permits. The permit shall be issued in such form as may be prescribed by the administrator and shall set forth in detail the conditions upon which the permit is granted and specifically identify which land areas shall be cleared and/or which trees shall be permitted to be removed. One (1) permit may cover several trees or groups of trees as long as the trees or groups of trees can be clearly identified thereon; provided, however, no permit may be issued for more than one (1) lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one another and considered as one (1) parcel for the purpose of development. (g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of the property by the applicant promptly after issuance. The permit shall remain posted on the property during all applicable tree and vegetation removal activity and until final inspection by the city. It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all times. (h) Amendment of permits. Requests for minor changes to approved plans shall be made as an amendment to the applicable permit, and shall require payment of an administrative processing fee. Additional information submitted with a request for permit amendment shall be adequate to fully document the nature of the proposed change and the effect it will have on all aspects regulated by this chapter. All plans, reports, calculations, and other information affected by the proposed amendment shall be updated so as to maintain an accurate record of the development activity. Review time for any changes to plans approved for a permitted site shall be the same as specified for the review of a new application. An amendment to a permit shall not automatically extend the expiration date. Substantial changes, including significant increases in the number of trees to be removed or land to be cleared, increases in impervious surface area, changes to intended land use, modification of stormwater management systems, or any other change that constitutes a major modification to a site plan or subdivision, new phases of development or other additions, shall not be treated as amendments, but shall require a new permit application and fee, (i) Revocation of permits. Page 12 of 33 Composite 1 114-21 Minutes (1) By administrator. The administrator may revoke any permit issued pursuant to this chapter, following notice in writing to the permittee and after providing the permittee opportunity to respond to the notice, in either of the following circumstances: a. The administrator finds that the permittee has continued with any development activity on a site for which a permit was issued, while the site is under a stop work order which has not been reversed, canceled or suspended pursuant to this chapter, except for specified remedial work required to bring the violation into compliance with the approved permit; or b. If the administrator finds that the approval of the permit was based on incorrect information furnished by the applicant for the permit. Based upon such finding, however, the administrator may make reasonably necessary accommodations to the conditions of a permit in lieu of revoking it. (2) Discontinuance of work. Revocation of a permit may also result in a stop work order in accordance with section 2348. (Ord. No. 95-10-101, Sec. 23-24. Inspections and site preparation. (a) Inspections. The following inspections shall be conducted in conjunction with all development activities subject to the requirement for a tree or vegetation removal permit. (1) Initial inspection. The administrator shall conduct an initial inspection of the site prior to approval of any application. (2) Protective barricade inspection. A protective barricade inspection shall ensure proper installation of measures prior to the initiation of any other development activity where required as a condition of the permit. (3) Final inspection and notice of completion. A final inspection and notice of completion shall occur when all development activities permitted for the site have been completed. No certificate of occupancy shall be issued, nor any building or premises occupied, unless and until the administrator has determined after final inspection that all work, including land clearing, regulated tree or regulated vegetation removal, tree protection and tree replacement, has been done in accordance with the approved permit and plan. (4) Maintenance inspections. The administrator shall have the authority to conduct on-site maintenance inspections subsequent to final inspection and notice of completion, and to require correction of all deficiencies and violations in accordance with this chapter. (b) Site preparation. Prior to requesting initial and/or protective barricade inspection, the applicant shall prepare the site with proper staking and taping as necessary to allow the administrator to locate and identify the lot or parcel to be inspected; to determine the building site, to locate the proposed buildings or other proposed structures or improvements that will disturb vegetation, and to ensure clear understanding between the property owner, contractor, administrator and other inspectors that may be involved. (1) The address or legal description of the property shall be displayed in a conspicuous manner. (2) The property cornerso hall be marked according to survey with wooden stakes. Each stake shall be flagged with surveyor's tape or with bright colored paint. Any property crossed by the coastal construction control line shall have that line marked on the ground with conspicuous wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled "CCCL". (3) All trees to be preserved during development activities shall be barricaded according to a tree protection plan consistent with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part. (4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint. Page 13 of 33 Composite 1 114-21 Minutes (5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or green surveyor's tape or paint. (Ord. No. 95-10-101, s 2(Exh. Sec.23-25. Appeals. (a) Procedures to file appeals. Appeals and written notices objecting to decisions regarding tree permits issued under authority of this chapter shall be made in accordance with the provisions of section 23- 52(g) hereof. (b) Stay of work. Any appeal to the city commission filed pursuant to section 23-52(g) shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the appropriate administrative official certifies that a stay would cause imminent peril to life or property. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-17-64, § 3, 7-24-17) Sec.23-26. Fees. (a) Application fees. The city commission hereby establishes the following fees related to the administrative costs of carrying out the requirements of this chapter. These fees shall be payable to the city at any time an application is submitted for approval, amendment, or extension of a permit required by this chapter, or when a final action or decision by the administrator is appealed. Applications for tree and vegetation removal related requests shall not be considered as complete applications until such time as required fees have been paid in full. (1) Tree and vegetation removal permit application. The tree and vegetation removal permit application fee shall cover the processing and review of the application as well as one (1) initial inspection, one (1) protective barricade inspection, one (1) final inspection and one (1) maintenance inspection per year. Any additional inspections required due to inadequate site preparation or reports of violation of the provisions of this chapter will be charged a reinspection fee as provided below: a. Single- or two-family residential uses (per lot) .....$ 125.00 b. Single removal of legacy tree .....25.00 C* Multifamily residential uses .....250.00 d. Commercial or industrial uses ,....250.00 e. Institutional and any other uses .....250.00 (2) Minor amendments .....50.00 (3) Extensions .....50.00 (4) Appeals .....125.00 (b) Reinspection fees. .....50.00 (c) Research or extensive time fees (per hour). .....50,00 (Ord. No. 95-10401, § 2(Exh. A), 2-2240; Ord. No. 954 Secs. 23-27-23-29. -Reserved. Page 14 of 33 5-109, § 1, 5-11-15) Composite 1 11-4-21 Minutes DIVISION 4. GENERAL PROVISIONS Sec. 23-30. Minimum tree requirements. These minimum tree requirements shall apply to all property within the city that is subject to the provisions of this chapter. Credit will be given for trees on the Atlantic Beach Recommended Species List, but none will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-177 of this Municipal Code also provides additional landscaping requirements for nonresidential uses, (1) Residential uses. For each parcel upon which a single-family, two-family or multifamily dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature: One (1) four -inch caliper tree shall be planted and/or preserved for every two thousand five hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom preserve areas and water bodies. Of the minimum required trees, one (1) tree shall be provided or preserved within the required front yard. (2) Commercial uses. For each parcel upon which a commercial structure or associated accessory use is proposed, or where the primary activity is commercial in nature: One (1) four -inch caliper tree shall be planted and/or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (3) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is proposed, or where the primary activity is industrial in nature: One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (4) Publlc/semi-public (governmental or institutional) uses. For each parcel upon which a government structure or associated accessory use is proposed, or where the primary activity is public/semi-public in nature. One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec, 23-31. General prohibitions. (a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning techniques on trees intended for shade purposes where such trees are required pursuant to an approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of trees that create a clear risk of danger to persons or property during flood, high wind or hurricane events. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. (c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for the purpose of causing the tree to die or become diseased. Page 15 of 33 Composite 1 11-4-21 Minutes (d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that may be injurious or cause damage, to a tree having a diameter of three (3) or more inches caliper. Exceptions are protective wires, braces or other devices used to support a tree. (e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any undeveloped lot, parcel, or lands such that the land is substantially denuded of regulated trees and regulated vegetation in any manner or for any purpose unless a proper tree removal permit has been issued. The extent to which removal constitutes substantial denuding shall be determined by the administrator based upon the number, type and condition of existing on-site regulated trees and regulated vegetation in comparison to that proposed to be removed. If clearing is authorized, the minimum requirements of section 23-30 shall be met. (f) Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any developed lot such that the minimum requirements of section 23-30 are not maintained. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-32. Tree protection during development and construction. (a) Restrictions during construction. (1) Placement of materials, machinery, or temporary soils. It shall be unlawful for any person(s) to cause or allow the storage of construction materials, the use of heavy equipment or machinery, or the temporary storage of soil deposits within the tree protection zone of any tree or group of trees to be retained. (2) Disposal of waste materials. It shall be unlawful for any person(s) to cause or allow the disposal of waste materials such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the tree protection zone of any tree or groups of trees, or where planting beds are to be situated. (b) Burden of tree protection on property owner. The property owner(s) and their agent(s) shall ensure that any tree shown on the vegetation 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 three (3) years from the date the city accepts the trees and landscaping as complete, unless a greater time period is required by a development order. If a retained or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action as required by this chapter. (c) Protective barriers and signage required. Protective barriers and signage shall be installed around every tree or group of trees to be preserved prior to commencement of construction, in compliance with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part. (1) Temporary protective barriers shall be placed at least six (6) feet from the base of any tree, and shall encompass at least fifty (50) percent of the area under the dripline of any tree or trees to be preserved or retained for mitigation credit, unless otherwise approved by the administrator. (2) Temporary protective barriers shall be at least three (3) feet high, and shall consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet apart with a two-by-four minimum top rail, or a mesh fence, or other similar barrier which will limit access to the protected area, unless otherwise approved by the administrator. (3) Waterproof, rigid sign(s) shall be affixed to each individual barricade, such that there is one (1) sign every fifteen (15) feet along the length of the barricade. The signs shall contain the following words, and will be made available by the city at the time of permit issuance: FIGURE 1. TREE PROTECTION ZONE SIGNAGE Page 16 of 33 Composite 1 114-21 Minutes TREE PROTECTION ZONE (TPZ) No grade change, storage of materials, vehicles or equipment is permitted within this TPZ. This tree protection barrier must not be removed without the written authorization of the City of Atlantic Beach. For information, call (904) 247-5800. (d) Adjacent properties. The property owners) or their agents) shall ensure protective barricading of all trees located on adjacent properties, that have root or branch systems that encroach upon the subject property, and that may potentially be impacted by development activities. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-33. Mitigation to be assessed. (a) Mitigation required. Unless mitigation in the form of payment into the tree conservation trust fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees as a condition of the tree or vegetation removal permit. Replacement or relocation shall be the preferred methods of mitigation. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE Protected Heritage Private parcels _ 1:2 1:1 Public parcels Fis1 2:1 Public rights-of-way, easements, etc. _ 1:1 areas 2:1 3:1 Environmentally sensitive Historic corridor 2:1 _ 3:1 _ (c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within Page 17 of 33 Composite 1 114-21 Minutes thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. (d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if preserved onsite. (e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater and that would otherwise be removed from the site because of development may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if relocated onsite. (f) Tree replacement. (1) Replacement size. New replacement trees shall be the same quality of "Florida Number One", as defined in the most current edition of the Grades and Standards for Nursery Plants, published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry. M . Oaks shall have a minimum four -inch caliper and twelve -foot height at time of installation. b. All other new replacement trees shall have a minimum two-inch caliper and ten -foot height at time of installation. c. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation. d. New replacement shade trees shall be of a species typically yielding an average mature crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen from the Atlantic Beach Recommended Species List, maintained and published by the city. Upon approval of the administrator, alternate species not appearing on the recommended list may be utilized, but in no case shall trees from the Atlantic Beach Prohibited Species List, also maintained and published by the city, be utilized for mitigation credit. e. In the event that a propert y cannot reasonably accommodate required mitigation on site, the property owner can get replacement credit for planting trees on an immediately adjacent neighbor's property. This shall only be done as an alternative to payment into the tree fund when it can be proven that a site cannot fit required replacement plantings. A signed letter from the neighbor shall be attached with the tree permit application. f. Atlantic Beach Recommended Species List. Replacement trees shall [be] selected from the following list. This list was created based on hardiness, disease and pest resistance, availability, and size variance. No mitigation credit will be approved for trees that are not on this list, unless approved by the administrator. CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST SHADE TREES Common Name Botanical Name �__ Ash, Green Fraxinus pennsylvanica Ash, Water Fraxinus caroliniana Bay, Loblolly Gordonia lasianthus Cedar, Southern Red Juniperus silicicola Cypress, Bald Taxodium distichum Cypress, Pond Taxodium ascendens Page 18 of 33 Composite 1 11-4-21 Minutes Elm, American Ulmus americana ^y-� Elm, FloridaUlmus american floridana Elm, Lacebark `v Ulmus parvifolia Hickory, Mockernut Carya Tomentosa Hickory, Pecan Carya illinoensis Hickory, Pignut Carya glabra Hickory, Water rCarya aquatica Loquat, Japanese PlumEriobotrya japonica Magnolia, Southern Magnolia grandiflora Magnolia, Sweetbay Magnolia virginiana Maple, Florida Acer barbatum Maple, Red (Acer rubrum Oak, Live Quercus virginiana Oak, Shumard Red (Quercus shumardii Oak, Swamp Chesnut Quercus michauxii Pine, Loblolly I Pinus taeda Pine, Long -leaf Pinus palustris fPine, Slash (Pinus elliottii Sugarberry Celtis laevigata �Sweetgum Fulquistyraciflua Sycamore Platanus occidentalis Tupelo FNyssa sylvatica PALM TREES Common Name Botanical Name Palm, Cabbage Sabal palmetto_ Palm, Canary Island Date Phoenix canariensis Palm, Pindo �Butia capitata Palm, Sylvester Date Palm Phoenix sylvestris Palm, Washington Washingtonia robusta Page 19 of 33 Composite 1 11-4-21 Minutes UNDERSTORY OR ORNAMENTAL TREES Common Name Botanical Name Cedar, Red �Juniperus virginiana Crape Myrtle Lagerstroemia indica J Elm, Winged �Ulmus alata (Holly, American Ilex opaca Holly, Dahoon [Ilex cassine Holly, East Palatka Ilex attenuata Holly, YauponIlex vomitoria Oak, Myrtle Quercus myrtifolia Oak, Sand Live Quercus geminata Oleander TNerium oleander �Podocarpus, Yew Podocarpus macrophyllus Privet, Glossy Ligustrum lucidum Privet, Japanese Ligustrum japonicum Redbud Cercis canadensis Wax Myrtle Myrica cerifera (2) Selection criteria. a. New oaks shall be used to replace removed oaks. Replacement credit for oaks shall be limited to the species listed on the Atlantic Beach Recommended Species List. Upon approval of the administrator, hardwood species yielding similar canopy may be used to mitigate removed oaks. b. New palms may be used as replacement trees when replacing species other than palms. Replacement credit for palms shall be limited to forty (40) inches or fifty (50) percent of required mitigation, whichever is lesser. Replacement credit for palms shall be limited to the species listed on the Atlantic Beach Recommended Species List. Upon approval of the administrator, a cluster of three (3) palms, subject to the other conditions of this section, may be used to meet the requirements of a single shade tree. c. When a legacy tree is removed, replacement credit shall only be given for the planting of a species that is on the legacy tree list. This shall not be limited to the exact same species, nor Page 20 of 33 Composite 1 11-4-21 Minutes shall the new tree have to meet the size requirements of an established legacy tree. When a legacy tree is removed, at least twenty-five (25) percent of mitigation shall be provided on site in the form of replacement. Incentive credit shall be granted for the use of legacy trees when replacing protected trees that are not on the legacy tree lost. The incentive credit is equal to two (2) times the normal replacement credit. The following species are legacy trees: 1. Bald Cypress (TaxodlUm distichum) twenty (20) inches in diameter greater. or 2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar) twenty (20) inches in diameter or greater. 3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm), twenty (20) inches in diameter or greater. 4. Oak (Quercus virginiana) (Live Oak) twenty (20) inches in diameter or greater and (Quercus geminata) (Sand Live Oak) eight (8) inches in diameter or greater. 5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory) twenty (20) inches in dimater or greater. 6. Loblolly bay (Gordania lasianthus) twenty (20) inches in diameter or greater. 7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay Magnolia) twenty (20) inches in dimater or greater. 8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) twenty (20) inches in diameter or greater. 9. Tupelo (Nyssa sylvatica) twenty (20) inches in diameter or greater. (3) Placement criteria. a. Avoidance of underground utilities. No trees except those with a normal mature height of less than thirty (30) feet may be planted within five (5) linear feet of the centerline of any utility easement. b. Avoidance of aboveground utilities and public facilities. No trees may be planted closer to any curbs, curb lines, sidewalks or aboveground utilities than the following, except for plans demonstrating no conflict with existing aboveground utilities or public facilities, and approved by the administrator: 1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall have a minimum setback of three (3) feet. 2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall have a minimum setback of six (6) feet. 3. Large trees with normal mature height of fifty (50) feet or more shall have a minimum setback of ten (10) feet. c. Spacing. The following spacing requirements shall serve as general guidelines for the optimal growth and viability of trees, though trees may be planted closer together upon approval of the administrator: 1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be spaced at least ten (10) feet. 2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be spaced at least twenty (20) feet. 3. Large trees with normal mature height of fifty (50) feet or more shall be spaced at least thirty (30) feet. 4. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing requirements of the largest tree. Page 21 of 33 Composite 1 114-21 Minutes (Ord. No. 9540-101, § 2(Exh. A), 2-2240; Ord. No. 95-15-109, § 1, 5-11-15) Sec. 23-34. Maintenance and monitoring requirements. The applicant shall be responsible for maintaining the health of any replacement or relocation trees for three (3) years from planting. (1) Determination of success. The applicant shall determine the condition of each tree, three (3) years after the tree was relocated or planted. This determination shall be submitted to the city for approval within thirty (30) days of being made. Should any tree die or be in a state of decline within three (3) years of being planted or relocated, the applicant shall be required to replace the tree within sixty (60) days of that determination. The three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that replacement tree is found not to be viable at the end of the second monitoring period, the applicant may pay the appropriate amount into the tree fund in lieu of planting a third replacement tree. If the applicant fails to replace the tree or to pay the appropriate amount into the tree fund within sixty (60) days, the applicant shall be in violation of this chapter. (2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees, or the planting of one hundred (100) or more replacement trees, the determination of success for the overall mitigation effort shall be based upon a percent survival rate. A successful project shall be one (1) in which ninety (90) percent or more of the newly planted or relocated trees are determined to be viable after a period of three (3) years. If a large-scale project is determined to be successful on this basis, additional replacement trees will not be required. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 23-35. Elimination of undesirable species. (a) The natural vegetative communes existing within the city shall be protected by the control and elimination of non-native invasive species. To that end, the following guidelines shall apply: (1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for mitigation credit. (2) Removal of nonnative invasive species from nonresidential properties (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Procedures for the control and elimination of non-native invasive species shall in no way promote the proliferation of the species through the dispersal of seed or other means. (4) Procedures for the control and elimination of non-native invasive species shall in no way harm or cause the decline of desirable species that are to be preserved, planted or relocated. (b) Atlantic Beach Prohibited Species List. The following species or sub -species of trees are not protected trees under this chapter, and are exempt from mitigation. The trees on this list shall not be accepted for replacement or relocation credit. Australian pine �casuarina Page 12 cunninghamiana Australian pine thicket Icasuarina glauca �Bischofia bischofia javanica Brazilian pepper schinus terebinthifolius Camphor tree �cinnamomum camphora of 33 Composite 1 114-21 Minutes Carolina laurelcherry (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord, prunus caroliniana Carrotwood ��cupaniopsis anacardioides _ Castor bean ricinus communis _ Catclaw mimosa ^mimosa plgra — Chinaberry tree melia azedarach Chinese tallow �sapium sebiferum Chinese wisteria wisteria sinensis Climbing cassia rsenna pendula FacacFE acacia ia auriculiformis Golden Raintree koelreuteria paniculato Guava psidium guoyava Jambolan syzygium cimini Laurel fig Acus microcarpa — Lead tree leucanea leucocephala Melaleuca tree melaleuca quinquenervia _ Mimosa tree albizia julibrissin Orchid tree bauhinia variegato — Schefflera Ischefflera actinophylla Seaside mahoe thespesia populnea Shoebutton ardesia 1 ardisia elliptica Strawberry guava psidium cattleianum Woman's tongue albizia lebbeck No. 95-15-109, Sec. 23-36. Elimination of contagious diseased and pest -infested trees. The natural and cultivated vegetative communities existing within the city shall be protected by the control and elimination of trees afflicted with rapid -spreading contagious diseases and pests. upon identification and/or confirmation of such infection or infestation by a certified arborist or other qualified professional, the city shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from the permit application requirements, as set forth in section 23-22. Further, mitigation shall not be required, provided however, the subject property is in compliance with minimum tree requirements, as set forth in section 23-30. (Ord. No. 954 0-101, § 2(Exh. A), 2-22-10) Page 23 of 33 Composite 1 11-4-21 Minutes Sec. 23-37, Payment In lieu of replacement/relocation. It is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite. Payment to the tree fund in lieu of replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved for cases where the ability to replace or relocate trees onsite is restricted by circumstances related to federal, state or local regulations and requirements including but not limited to conflicts with rights-of-way, utilities, stormwater facilities, septic fields and environmentally sensitive areas. The value to be paid into the tree fund shall be established and adopted by resolution of the city commission, and payments to the tree fund may be approved in accordance with the following provisions: (1) For single- and two-family residential uses. If an applicant, at the time of application, demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation onsite, the administrator shall approve the application and issue a permit in accordance with section 23-23. The remaining balance of the required mitigation shall be payable to the tree fund within seven (7) days of such determination. (2) For commercial, industrial and all other uses. Applications for tree or vegetation removal permits for all uses and development, other than single- and two-family residential uses, shall replace or relocate required mitigation onsite, except in cases where the administrator finds, based upon the above stated conditions, that onsite mitigation is not possible. Upon approval of a mitigation plan by the administrator, a permit shall be issued by the administrator, and the remaining balance of the required mitigation shall be payable to the tree fund within seven (7) days of such determination. (3) Where payment in lieu of replacement or relocation is approved, as set forth in preceding subsections (1) or (2), the applicant shall pay the equivalent value of the portion not planted or relocated, to the city's tree fund. The approved mitigation payment shall be payable to the tree conservation trust fund within seven (7) calendar days of the approved mitigation order. Mitigation payments not received within the prescribed time period shall result in the filing of a lien on the subject property, (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Secs. 23-38-23-39. -Reserved. DIVISION 5. AREAS OF SPECIAL CONCERN Sec.23-40. Applicability. There exist within the city certain areas which contain trees or vegetation of special value and concern, or areas of such great social, cultural, historical, ecological, environmental or economic significance that they may warrant added measures of protection. (Ord. No. 9540401, § 2(Exh. A), 2-224 0) Sec. 234 1. Historic corridors and heritage trees. (a) Designation. The city commission may by resolution designate historic corridors or individual heritage trees. In doing so, the city commission shall specifically identify those streets, or portions thereof, or trees, which shall be so designated. (b) Criteria. In considering whether roadways or portions thereof shall be designated as historic corridors, the city commission may consider the following criteria: (1) The presence of historically significant tree coverage or landscaping, as individual plants or in groupings. (2) The presence of culturally significant tree coverage or landscaping. Page 24 of 33 Composite 1 11-4-21 Minutes (3) The presence of significant architectural structures with associated tree coverage or landscaping. (c) Documentation. The administrator shall maintain a record of all historic corridors so designated and their location shall be reflected on city maps as such. {d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within designated historic corridors, shall be at a higher rate than removal of nondesignated tree(s), as specified in section 23-33, as an extra measure to encourage protection of such trees. (Ord. No. 95-10-101, § 2(Exh. Secs. 23-42-23-45. -Reserved. DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES Sec 23-46. Violations. Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. (1) Development activity. It shall be a violation of this chapter for any person(s) to engage in development or other activity, which has the potential to damage, destroy or remove, or cause the destruction or removal of any tree or vegetation as regulated herein, without complying with all applicable provisions of this chapter. (2) Compliance with approved permit. It shall be a violation of this chapter for any person who has obtained a permit from the city pursuant to the requirements of this chapter to fail to comply with the requirements of the approved permit and any conditions attached thereto. (3) Compliance with general conditions of permit. The following minimum conditions shall apply to every permit issued pursuant to this chapter, and violation of or failure to comply with any such condition(s) shall be a violation of this chapter: a. Permit and plans onsite. Approved permits and plans shall be available onsite at all times during development activity. b. Responsible individual onsite. Whenever site work is ongoing, there shall be an individual at the site who shall be responsible for the ongoing work and who shall have the familiarity with the project to ensure work is proceeding according to approved plans. This provision is not intended to require that a single individual remain onsite during all operations, only that at all times there shall be a designated person in responsible charge. (4) Maintenance requirements. It shall be a violation of this chapter for any person(s) who is engaged in development activity on property located within the city or in accordance with a permit issued by the city pursuant to this chapter, or who has obtained title to property upon which such activities have taken place, to fail to comply with the minimum standards and maintenance requirements set forth herein. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec. 234 7. Notice of violation. Whenever the administrator determines that a violation of this chapter has occurred, the administrator shall immediately issue written notice to the persons) in violation, identifying the nature and location of the cessary to bring the violation into compliance. violation and specifying that remedial action is neThe Page 25 of 33 Composite 1 114-21 Minutes persons) in violation shall immediately, conditions permitting, commence remedial action and shall have seven (7) calendar days after the receipt of notice, or such longer time as may be specified in the notice, to complete the remedial actions required to bring the violation into compliance with this chapter. (Ord. No. 95-10-101, § 2(Exh. Sec. 23-48. Stop work order. (a) Authority to stop work. The city manager or designee of the city manager shall have the authority to immediately issue a stop work order in any of the following circumstances: (1) Whenever land is being cleared without an approved permit or in a manner inconsistent with the approved permit; (2) Upon the failure of the permittee, or failure of the property owner if no permit exists, to take immediate corrective action when there is an apparent danger to life or property; (3) Whenever ongoing noncompliant work is not immediately and permanently stopped upon receipt of a written or oral notice of violation; (4) Whenever protection measures have not been implemented or maintained and danger to regulated trees or regulated vegetation exists or appears imminent; (5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section is not completed in the time period specified; or (6) Upon failure to post or have the approved permit and plans available onsite. (b) Content and scope of stop work order. The stop work order shall specify the circumstances that have resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial work as is deemed necessary to bring the violation into compliance, or it may specify the cessation of specific work by functional nature, such as land clearing, regulated tree or regulated vegetation removal, grading, roadway construction, building erection or utility construction. The order may apply to the entire project or to geographical portions of the project that may be individually specified. (c) Failure to comply after notice of violation and stop work order. If the person(s) in violation fails to complete the required remedial action within the prescribed time, or continues any development activity in violation of a stop work order, the administrator may initiate code enforcement action pursuant to chapter 2, article V, division 2 of the Code of Ordinances, or other remedies as authorized by law. (Ord. No. 95-10-101, § 2(Exh. A), 2-224 0; Ord. No. 5-19-68, § 3, 2-11-19) Sec. 234 9. Requirement for emergency or immediate corrective action. Where it is determined by the city that failure to maintain stormwater management facilities, erosion, sediment or treelvegetation protection controls, or failure to conform to the provisions of this chapter or permit conditions, is resulting in danger or damage to life or property, the city may require immediate corrective action. Protection controls which are breached due to development activity, wind, rain or other factors shall be repaired within twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified shall constitute a violation of this chapter. If immediate corrective measures are not taken by the permittee or property owner and the conditions of the site are such that there is danger or hardship to the public, the city may enter upon lands, take corrective actions, and place a lien on the real property of such person(s) to recover the cost of the corrective measures. In addition, the administrator may revoke any permit issued pursuant to this chapter. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Page 26 of 33 Composite 1 11-4-21 Minutes Sec. 23-50. Code enforcement action. er Failure to complete remedial actions required chapter bring h aticletion into compliance with this V, division 2 of the Municipal Code of shall result in code enforcement action pursuantpt 2 Ordinances as well as other remedies available under applicable law. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10) Sec.23-51. Penalties. ( violating a provision of this chapter shall be pun a} General provisions. Any person(s) ishable according to the law or in accordance with the findings of the duly appointed special magistrate. (1) Violations of this chapter are considered irreparable and irreversible in nature. (2) Each day any violation continues shall constitute a separate offense. (3) Each regulated tree removed from a site in violation of these regulations shall constitute a separate offense. (4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a separate offense. (5) Person(s) charged with violations of this chapter may include: a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building or premises where such violation exists. b. Any person(s) who maintains any land, building or premises upon which a violation exists. c. Any person(s) who knowingly commits, takes part, or assists in such violation. (b) Building permits. No building permit shall be issued for a site unless and until a required tree or hiany violation of this chapter exists on vegetation removal permit has been issued, or wthe subject site. (c) Injunction. Any affected persons) may seek an injunction against any violation of the provisions of this chapter and recover from the violator such damages as he or she may suffer including, but not limited to, damage to property as a result of development or failure to maintain, in violation of the terms of this chapter. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after - the -fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. (3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator is unable to determine with reasonable certainty the number and size of regulated trees and/or regulated vegetation removed in violation of this chapter, analysis of aerial photography or other such accepted scientific methodology shall be used to make a determination as to the loss of canopy and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or land cover lost shall be assessed by the administrator, and shall be payable to the tree fund within seven (7) days of such assessment. No further work or development shall proceed until the city is in receipt of any such assessed fine. (4) Any persons) exhibiting a documented history of chronic or repeated violations of this chapter the Florida Department of Business and Professional shall, upon third offense, be reported to Page 27 of 33 Composite 1 11-4-21 Minutes Regulation, as well as any other authority governing licensing, registration or certification of individuals or businesses. (Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19) Sec, 23-52. Environmental stewardship committee—Intent. The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village. The tree canopy creates beauty, provides a home for wildlife, functions as an element of the water management system and enhances property values. It is in the best interest for this commireservation stewardse to be the this natural tof the ree canopy through advocacy, assessment, maintenance, planting p resource. The city parks provide open spaces for recreation, exercise, wildlife habitat, relaxation and encounters with the natural world. This committee intends to support the community to provide a variety of park spaces that are well maintained, accessible and secure. This committee shall take the lead and set high community standards in the beautification and maintenance of public spaces located within the city. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a great deal of influence on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the city. The care and health of the coast and marsh must be paramount in every recommendation made by this committee about the use of our land, water system and tree canopy. (a) Environmental stewardship committee purposes. It shall be the purpose of the environmental stewardship committee: (1) To study and make recommendations to the city commission and city staff with respect to the city's: a. Maritime forest; b. Parks and open spaces; c. Beautification of public and private spaces; and d. Environmental stewardship. (2) To act as a motivating and coordinating body to encourage joint public and private participation in promoting these purposes. (b) Environmental stewardship committee—Scope of activities. The environmental stewardship committee shall provide guidance and support to the city commission and city manager and, upon request by the city commission or city manager, shall provide written recommendations, in the following areas: (1) Maritime forest: a. Clarifying and strengthening the city's processes and all tree and landscape related city codes and ordinances; b. Monitoring the appropriate administration and enforcement of the city's ordinances; c. Promoting transparency through online access to relevant information; d. Developing and maintaining environmental education and outreach programs about the maritime forest and relevant codes; e. Promoting appropriate planting and care of trees on private property to owners, developers, builders, and tree/landscape service contractors; f. Developing and maintaining a long-term tree plan that includes an assessment of the tree canopy, projecting future needs, and developing a calendar and budget for tree planting in parks, public spaces and along streets and right-of-ways; g. Promoting tree canopy advocacy including upholding the city's status as a bona fide "Tree City USA"; Page 28 of 33 Composite 1 114-21 Minutes h. Developing a process for systematic, review of the city's enforcement of the existing tree codes, including the long-term health of trees planted for mitigation; and i. Developing and maintaining a process for citizens to communicate possible violations to the city. (2) Parks and open spaces: a. Developing and maintaining a long-range plan to protect, improve and beautify park spaces; b. Improving access to and amenities for parks including disability accommodations, bike paths, parking, signage and other user friendly features; C4 Expanding the city's inventory of parks and conservation land through acquisition or other means; and d. Maintaining a web -based, publicly accessible inventory of parks including their history, archeological value, rules of use, deed restrictions and conservation easements. (3) Beautification of public and private spaces: a. Enhancing public spaces, including public rights-of-way, roadsides, city buildings, beach accesses and other publicly held properties with art, carefully maintained landscape design and plantings; b. Incentivizing and advocating for beautification of private and commercial spaces; c. Reducing the number and appearance of degraded or blighted properties; and d. Developing a design theme/community branding for signage, bus shelters, lighting and other elements of the built environment. (4) Environmental stewardship: a. Utilizing best practices, including a science based approach, when making any decision about development and its impact on our environments b. Protecting the beach, dunes, marshlands and wetlands as critical defenses in hurricane, erosion and flooding conditions; c. Communicating the dynamics of tidal drainage and floodplain with the goal of preserving the city's flood management systems d. Reviewing the city's environmental codes and ensuring enforcement of rules including, but not limited to, dumping, septic tanks and commercial pollution; and e. Reviewing, updating and maintaining the Marsh Master Plan for adherence to current research about sea level change and wetlands preservation. (c) Membership, terms, appointments, geographic requirements, composition. (1) Membership. The environmental stewardship committee shall be composed of eleven (11) members. A majority of the members of the committee shall constitute a quorum. No member of the committee shall hold any other public office in violation of Article II, Section 5(a), Florida Constitution. (2) Terms. Following the expiration of the terms of office of the inaugural board members, all members shall serve three-year terms. Members shall not serve more than three (3) consecutive terms on the committee. All terms shall expire on December 31 of the proper year, provided, however, that members whose terms expire shall continue to serve until replacement appointments are effective. Any committee member who wishes to resign should submit a letter of resignation to the chairman and city clerk. Any vacancy during the m. Should unexpired term of an appointed member shall be filled for the remainder of the ter Page 29 of 33 Composite 1 11-4-21 Minutes the length of the unexpired term be less than one (1) year, then such appointment shall not count towards the maximum number of consecutive terms. (3) Appointments. Except for the inaugural committee members, committee members shall be selected by the board member review committee and shall be confirmed by the commission. The commission shall select the inaugural committee members as follows. Member Representation (Appointed By At large Mayor (3 years) �t large Mayor (4 years) — At large Mayor (3 years) District 1308 resident Seat 2 commissioner (3 years) At I( arge Seat 2 commissioner (4 years) District 1307 resident Seat 3 commissioner (3 years) At large Seat 3 commissioner (4 years) District 1306 resident Seat 4 commissioner (3 years) At large Seat 4 commissioner (4 years) District 1312 resident Seat 5 commissioner (3 years) At large Seat 5 commissioner (4 years) (4) Geographical requirements. There shall be at least one (1) member representing each city district on the committee. Each committee member must be a full time resident of the city or own real property in the city. For the purpose of this section, full time residency shall be defined as the person's principal place of abode. Any member must immediately notify the city manager and chair in writing upon no longer meeting these membership qualifications. (5) Composition. To the extent possible, committee members should demonstrate at least one (1) of the following skills, experience, expertise, educational background or interests. a. Knowledge of best practices in environmental management and sustainability; b. Land development and building construction; c. Urban planning and design; d. Arboriculture and horticulture; e. Landscape architecture; f. Environmental policy; g, Environmental and constitutional law; h. Community engagement; and Educational programming. Page 30 of 33 Composite 1 11.4-21 Minutes (d) Organization. (1) The committee shall meet on the second Wednesday of each month. Special meetings may be called by the chair, provided at least forty-eight (48) hours' notice is provided and that a majority of the members must agree to the date and time. At its first regularly scheduled meeting each January, the committee shall elect from among its members a chair, vice chair, and secretary who shall assume their positions immediately upon election. (2) The chair shall preside at all meetings of the committee. The vice chair shall preside if the chair is absent. (3) committeeThe oact as the b recording clerk. In addition, e staffed at each the g by a city man ger oty staff r r appointed by the city manager 9h his/her designee shall attend all committee meetings. (4) Roberts Rules of Order shall be followed at committee meetings. The committee may adopt, amend, and rescind procedural rules of the committee to aid in implementing the provisions of this section. All reports, studies, and recommendations made by the committee shall be approved by the committee before the same may be presented to the city commission or city manager on behalf of the committee. (5) The committee shall establish a tree subcommittee in accordance with subsection (f) below. The committee may establish such other subcommittees from among its membership as it deems necessary to perform its activities. Subcommittees shall report on their progress to the committee at such times as the committee shall require. All committee and subcommittee meetings shall be open to the public and are subject to Florida's Government in the Sunshine Laws. (6) The committee's recordingthe vote clerk shall keep minutes of the proceedings, showing of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall become a public record. (e) Removal of members, Any member on the committee may be removed for cause by the city commission upon written charges and after public hearing. Any member who fails to attend three (3) consecutive meetings without prior notice to the director of planning and community development or his/her designee and without reasonable cause shall have his office declared vacant by the committee. The vacancy shall be promptly reported to the city clerk and filled by the city commission. (f) Establishment of tree subcommittee, membership, terms. (1) There is hereby established a tree subcommittee of the environmental stewardship committee, referred to in this subsection as the subcommittee. The subcommittee shall systematically review tree permits submitted to for completeness and to determine the city compliance with the provisions of this chapter 23 as more particularly described in this subsection. The subcommittee shall consist of three (3) members and one (1) alternate member. The alternate shall serve in the case of the absence of any of the three (3) members. The members of the environmental stewardship committee may volunteer to serve on the subcommittee and shall be appointed to the subcommittee by the environmental stewardship committee. All of the members of the subcommittee shall be members of the environmental stewardship committee. The environmental stewardship committee shall appoint or remove the members of the subcommittee by a simple majority vote. Filling vacancies shall take place at the next regular scheduled meeting of the environmental committeestewardship seat on the subcommittee may serve for as long asbthey serve on the environmental stewardship committee. (2) Organization of tree subcommittee. Page 31 of 33 Composite 1 11.4.21 Minutes a. The environmental stewardship committee shall establish a regular meeting schedule of the tree subcommittee. Unless otherwise determined, the subcommittee's meetings shall meet on the same date as the environmental stewardship committee. b. The administrator or designee shall attend all meetings of the subcommittee. A city staff member designated by the city manager shall act as clerk for the subcommittee. The clerk shall be responsible for the clerical administration of the subcommittee. The clerk shall also be responsible for the maintenance and preservation of all records of the subcommittee in coordination with the city clerk's office. c. The subcommittee shall utilize the rules of the environmental stewardship committee. Roberts Rules of Order shall be followed to conduct meetings. All meetings shall be open to the public. The subcommittee shall keep minutes of the proceedings, recording the vote of each member upon each question or if absent or failing to vote, indicating such facts. It shall keep records of its examinations and other official actions, all of which shall be promptly filed with the city clerk's office and shall become public record. The subcommittee will operate in compliance with Florida's Government in the Sunshine Laws. (g) Systematic permit review and appeal process. Notwithstanding any other permit review or appeal processes set forth in the Atlantic Beach Code of Ordinances, the following permit review and appeal procedures shall constitute the exclusive procedures regarding tree permits in the City of Atlantic Beach. (1) Initial review period. a, The administrator shall upload all tree permit applications to the city's website within three (3) business days of being deemed sufficient in accordance with section 23-23 of this Code, and ready for site inspection in accordance with section 23-24. The initial site inspection by the administrator may occur no earlier than the fourth business day after the complete permit application has been uploaded to the cityebsite. 's w b. The subcommittee may review any tree permit applications. c. Each member of the subcommittee may independently review any tree permit applications that include the removal of more than fifty (50) percent of the total inches of the diameter at breast height (DBH) of regulated trees on any property. d. Each member of the subcommittee may independently review any tree permit applications that include the removal of one (1) or more legacy tree(s) on any property. e. One (1) member of the subcommittee may accompany the administrator on the initial site inspection as an observer. The subcommittee member must make the request to attend the initial site inspection as an observer within three (3) business days of the permit being uploaded to the city's website. The subcommittee member shall not interact with the property owner or the property owner's agents during the site inspection and shall stay in the vicinity of the administrator during the inspection. The subcommittee member shall be provided twenty-four (24) hours' notice prior to the time of the site inspection. If multiple requests are made by subcommittee members to accompany the administrator on the initial site inspection, the administrator shall select the first subcommittee member who submits a request in writing. (2) issuance, review and appeal procedures of a permit. a. When the administrator's application review process and inspection have been completed, the administrator shall distribute a notice of intent to issue tree permit to the applicant and all members of the subcommittee, including the alternate member and upload the draft permit to the city's website. Within five (5) business days after the distribution of the notice of intent, the applicant, any member of the subcommittee or any adversely affected party" as defined in section 24-17 may place a hold on the permit by providing written notice to the administrator requesting further review. This Page 32 of 33 Composite 1 11-4-21 Minutes notice shall include the rationale to support the request for further review. If no notice is filed, the permit shall be effective after the expiration of the five -business -day notice period. b. Should a written notice be timely filed, within five (5) business days after a notice is filed with the administrator, the administrator shall place the matter on the agenda, with proper notice, of the next available regularly scheduled subcommittee meeting. c. The subcommittee shall review the draft permit for compliance with the requirements of this chapter 23 and shall, by majority vote, recommend that the administrator approve, approve with conditions or deny the application. The administrator shall issue or deny the permit within five (5) business days after the subcommittee meeting o submittedor any member of the subcommittee or any "adversely affected party written comments to the subcommittee prior to the meeting or made a presentation to the subcommittee during the meeting, may file a written notice objecting to the permit within five (5) business days from the date of permit issuance stating the alleged reasons the permit does not comply with the provision of this chapter 23. The permit issued by the administrator shall not be effective until this five -business -day notice period has expired, d. Should a written notice be timely filed, the draft permit shall be placed on the next available community development board agenda. The board's review shall be de novo. The board shall determine whether the draft permit complies with the provisions of this chapter 23. The board may issue, deny or modify the draft permit. Irmo thellheorice requirements for "variances shall apply set forth in section 24-51(c)(2) Y on said contested tree permit. e. The decision by the community development board shall be final unless the applicant or an "adversely affected party" who submitted written comments to the board prior to the board meeting or made a presentation to the board during the meeting files a written appeal of the community development board decision to the city commission within fifteen (15) days of the board's decision, with the city clerk, together with a five -hundred - dollar ($500.00) filing fee. Where the community development board approves arepermit, the subject tree permit shall not be effective until the fifteen -day app Per has expired. Said written appeal must set forth the alleged reasons that the community development board's determination does not comply with the provisions of this chapter 23. The commission's review shall be de novo andthe notice The commission umay confirmirements , of " "variances " set forth in section 24-51(c)(2) shall applyt overturn or modify the community development board's action. The actionhe commission shall constitute final action of the city. Where the commission approves tree permit, the permit shall not be effective until any applicable judicial appeal period has expired. 17-64, § 1, 7-24-1 7; Ord. No. 5-18-67, §§ 1-3, 1-14-19) Secs. 23-53-23-60. -Reserved. Page 33 of 33 Composite 2 11-4-21 Minu# Building Permit Application City of Atlantic Beach Building Departmer 800 Seminole Road, Atlantic Beach, FL 322 Phone: (904) 247-5826 Email:LtiiclnL Ci Job Address 34z 19tH Stree4 Agendc seam Ft 32za3 SDE �MPLIANCE 1.2020 Cel— a mac Permit Number: RECEIVED By Toni Gindlesperger ar 4:36 pmIvAug 18,2020 "ALL INFORMATION HIGHLIGHTED IN GRAY IS REQUIRED. RE 320-0226 Legal Description 38-6409-2&29ESELVAMARINA UNIT I2-ALOT5 RE# Valuation of Work (Replacemen� t Cost) $ j 1GU Heated/Cooled SF Non- Heated/Cooled • Class of Work: ®New ❑Addition ®Alteration ®Repair ❑Move Demo ❑Pool ®Window/Door Use of exist! ng/proposed structure(s): ClCommercial SResidential • If an existing structure, is a fire sprinkler system installed?: OYes ONo • VVlII L!C('' ] UC ICIIIV vcu 1.1 naav,.,ua v . ...... ... ---- - ---- — - _,,. - Describe in detail the type of work to be performed: Updated Floors, Kitchen, Bathrooms, Roof, Windows, Landscaping, Painting,Wall Removal Flida Pduct Aroval # for multiple products use product approval form orropp Property Owner Information Address 34219tnslreel Name TbomasBourdon city Made Beach State FL Zip 32233 Phone e6M74-1941 E -Mail tomhourdon7fgmall.com Owner or Agent (If Agent, Power of Attorney or Agency Letter Required) Owner Contractor information Name of Company pax Pro Gonsluction Inc; Qualifying Agent Yi��'� Address 309 Odours MITI Blvd, City Ponta Vedra Beach State FL Zip 32082 Office Phone 904.509.5392 lob Site Contact Number Jou State Certification/Registration &L' G� ��-oUG r� E -Mail l arol�ymau•co"i Architect Name & Phone # Engineer's Name & Phone # Workers Compensation Insurer OR Exempts Expiration Date l 11 �`zL�• jipncation is nereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc NOTICE 'ln atldrttpnto the xequremeritsofhis r_ OWNER'S AFFIDAVrf: I certify that all the foregoing information is accurate and that all work will be done incompliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY, IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORD OF COMMENCEMENT. Agent) oneture of Owneror [ J Personally Known of Identification: and sworn to (or (]Personally Known O' (+-j✓P�oduced Identificat Type of Identification: _ State of Florida County of Duval To Whom It May Concern:. Composite 2 .4-21 Minutes l� iCOMMENCEMENT Tax Folio No. 172020-1242 The undersigned hereby informs you that improvements will be made to certain real property, and in accordance with Section 713 of the Florida Statutes, the following Information is stated in this NOTICE OF COMMENCEMENT. Legal Description of property being improved: 36-64 09 -2S -29E SELVA MARINA UNIT 12-A LOT 5 Address of property being improved; 34219th Street, Atlantic Beach, FL32233 General description of improvements; Updated Floors, Kitchen Bathrooms Roof, Windows Landscaping, Painting, wall removal Owner: Thomas And Kathleen Bourdon Owner's interest in Address' 342 19th Street, Atlantic Beach, F1.32233 site of the improvement: � Fee Simple Titleholder (if other than owner): Name: Contractor: Jax Pro Constuctton Inc. Address: 300 Oct°ms Mill Blvd., Ponta Vectra Beach, FL 32082 Telephone No.: (Wit) 509'92 Fax Nov Surety (if any) Address: Telephone Nov Fax No: Amount of Bond $ Name and address of any person making a loan for the construction of the improvements Name: FaC Mortgage, LLC Address: t 6004 Town Center, Patkway Noah Suite A, Westlake, PL 33470 Phone No: (954) 944-4035 Fax No: — Name of person within the State of Florida, other than himself, designated by owner upon whom notices or other documents may be served: Name: Address: — Telephone No: Fax Tb�. in addition to himself, owner designates the following persoh to receive a copy of the lrenol's Notice as provided in Section 713.06(2) (b), Florida Statues. (Fill in at Owner's option) Name: Address: Telephone No: Fax No: Expiration date of Notice of Commencement (the expiration date is one (1) year from the date of recording unless a different date. is sVecified); THIS SPACE FOR RECORDER'S USE ONLY OWNER SILAS DE Public� in of lap ®� Notary , commo 61y Cornmissi plies Aug,1A. Bef re me this 7l� day of _ O ,has personally appeared tary Public at Large, Stsi —� ycommission expires: Personally Known: T Produced Identification. fj Date: _ to the 'o � �t3aV�, State Suff.�l��' AY1JS( uj sIs�FFri�'; or Job Address: Composite 3 114-21 Minutes Building Permit Application City of Atlantic Beach Building Department 800 Seminole Road, Atlantic Beach, FL 32233 Phone: (904) 247-5826 Email: Building? Dept@coab.us 342 19th Street, Atlantic Beach, FL, 32233 Legal Description 36-64 09 -2S -29E SELVA MARINA UNIT 12-A LOT 5 Updated 10/9/18 **ALL INFORMATION HIGHLIGHTED IN GRAY IS REQUIRED, Permit Number: RERF20-0153 RE# 172020-1242 Valuation of Work (Replacement Cost) $13000.00 Heated/Cooled SF Non- Heated/Cooled • Class of Work: ❑New ❑Addition �iAiteration ❑Repairer�❑Move ❑Demo ❑Pool ❑Window/Door • Use of existing/proposed structure(s): ❑Commercial ElResidential If an existing structure, is a fire sprinkler system installed?: ❑Yes M//No Describe in detail the type of work to be performed: reroof, 27 sq, 6/12 pitch, shingles F110124 -R26 Florida Product Approval # �j 1(���,y=��(o _for multiple products use product approval form Property Owner Information Name Donald Maclean Address 2 PETTIS ST. City LAKE cbEORGE State NY Zip 128454 Phone 860-874-1941 E -Mail tombourdon7 mail,com Owner or Agent (If Agent, Power of Attorney or Agency Letter Required) Contractor Information Name of Company Reliant Roofing Qualifying Agent Cameron Shouppe Address 4230 Pablo Professional Ct #155 City Jacksonville State FI Zip 32224 Office Phone _904-657.0880 Job Site Contact Number 904-712-3111 State Certification/Registration h CCC1330615 E -Mail amanda(50eliantroofing com Architect Name & Phone # Engineer's Name & Phone # Workers Compensation Insurer Policy #• WC J9649795 OR Exempt ❑ Expiration Date 11/2012020 Application is hereby made to obtain a permit to do the work and installations as indicated, I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construct]on in this jurisdiction, I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS) HEATERS, TANKS, and AIR CONDITIONERS, etc. NOTICE: in addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found In the publicrecords of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies; or federal agencies, OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done In compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING OF COMMENCEMEN'- of Owner or Agent) Signed and sworn to (or affirmed) before me this � day of ►� -�:, - �N'1/i M w/ l AAo k-AOAA. [personally Known O [ ]Produced Identiflcal Type of Identification: - (Signature of MANDA JACKSON 5tato of Florida -Notary Publ Commission H GC 205328 My Commission Expires A06109,2022 [ ]Produced Identification Type of identificat(on: _ (SIR t11rP of Not�o AMANDA JACKSON personally Known OR Slate of Florida -Notary Publi Commission 4 GG 2053Q II My Commission Exp Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:47:58 Eastern Daylight Time Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Thursday, May 20, 2021 at 6:14:49 PM Eastern Daylight Time From: Karl J. Sanders To: Amanda Askew BCC: Kar11. Sanders Priority: High Attachments: image001.jpg, COAG Tree Mitigation Calculations (342 19th Street TPC).pdf, Code Enforcement Violation Notice -Bourdon (05-10-21).pdf Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had acomputer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received acertified-mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl Y::"'� ��- - Karl .7. Sanders, Esq. �'�� kjsanders@kjslawpa.com .,.$,. � ,y i 904.868.7929 � Office -<� L,.AWP� 561.386.1216 ( Mobile Page 1 of 1 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:48:16 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Friday, June 4, 2021 at 4;59:18 PM Eastern Daylight Time From: Karl J. Sanders To: Amanda Askew BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule adate/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what dates)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl s:,=:- �`��'_��� Karl J. Sanders, Esq. '' kjsanders@kjslawpa.com �� i� I 904.868.7929 � Office .: � LAW�A 561.386.1216 � Mobile From: "Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew <aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but l just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had acomputer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received acertified-mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Page 1 of 2 Composite 4 11-4-21 Minutes Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and soon. Best regards, Karl �_.T_._ /_. ,y` 'h r r� ��� LAWPA Kart J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 (Mobile I look forward to hearing from you again Page 2 of 2 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:48:29 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Tuesday, June 8, 2021 at 5:25:33 PM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda CC: Irizarry,Angela BCC: Kar11. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, Code Enforcement Notice 3 (06-03-21).pdf Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30}. Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed ... I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and I'll send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl - _ Karl a. Sanders, Esq. `'A �I �� kjsanders@kjslawpa.com � / 904.868,7929 � Office ''� LAWA 561.386.1216 � Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To: "Karl J. Sanders" <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry@coab.us> Page 1 of 3 Composite 4 11-4-21 Minutes Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey I<arl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/S) 9am or 10am Wednesday open all day Thursday 2pm or Spm From: Karl J. Sanders [mailto:kjsanders@kjslawpa.comj Sent: Friday, lune 4, 20214:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule adate/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)Itime(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl _ � Karl J. Sanders, Esq. ' _ kjsanders@kjslawpa.com t3 '� 904.868.7929 I Office � T [j,���J//,,\/T 561.386.1216 I Mobile From: "Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew.<aasl�ew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had acomputer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a Page2of3 Composite 4 11-4-21 Minutes letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received acertified-mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl Karl J. Sanders, Esq. `';; kjsanders@kjslawpa.com ;. 904.868.7929 � Office .- �..����, 561.386.1216 � Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook haps://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 3 of 3 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:48:41 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Wednesday, June 9, 2021 at 12:29:00 PM Eastern Daylight Time From; Karl J. Sanders To: Askew, Amanda CC: Irizarry,Angela BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, image004.jpg Sounds great. I'll give you a call then Best regards, Karl 1;:�= _ . _ �.. ���� ;� :� ��� LAWA Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 (Office 561.386,1216 (Mobile From: Amanda Askew <aaskew@coab.us> Date: Wednesday, June 9, 2021 at 10:34 AM To: "Karl J. Sanders" <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about Spm Today? From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, June 8, 2021 5:26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed ... I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Page 1 of 4 Composite 4 11-4-21 Minutes Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and I'll send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl __ Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office ;` �,..A�Jx 561.386.1216 I Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To; "Karl J. Sanders" <I<jsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry_@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or Spm From; Karl 1. Sanders [mailto:kjsanders@I<jslawpa.com] Sent: Friday, June 4, 2021 4:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a Page 2 of 4 Composite 4 11-4-21 Minutes quick email. I was hoping that we could schedule adate/time next week to discuss the status of this matter and potential options for resolving same, Please let me know what dates)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Kar! -� - _ Karl a. Sanders, Esq. = kjsanders@kjslawpa.com 'j 904.868.7929 � Office �` �.,.AW� 561.386.1216 � Mobile From: "Karl J. Sanders" <I<jsanders@I<jslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew <aaskew coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had acomputer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same, That being said, Mr. Bourdon notified me that he received acertified-mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcemenhow our ca en�dardlooks foe)the next og ple of weeks sogwe can try {oche status, let me know y coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Page 3 of 4 Karl Composite 4 11-4-21 Minutes Karl �. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LW561.386.1216 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City A Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook,com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:48:54 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Tuesday, July 6, 2021 at 11:19:17 AM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda, Angela Irizarry BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, image004.jpg Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City's mitigation calculations and compiling alist/size of the trees that Mr. Bourdon preserved to determine whether he is entitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, ommitlment th� tweek (Wednesday evegingahro'ughlFriday), and willotly scheduled work c even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Karl �' �-��, ;'}. -�- ?i }) �j 1 LAWPA Karl ,7. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 I Mobile From: Amanda Askew <aaskew@coab.us> Date: Tuesday, July 6, 2021 at 10:46 AM 70: "Irizarry,Angela" <alrizarry@coab.us> Cc: "Karl J. Sanders" <kjsanders@kjslawpa.com> Subject: FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Page 1 of 5 Composite 4 11-4-21 Minutes Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr. Sanders (attorney for property owner) on 6/9 about the tree permit removal process. We have not received any documents/request for this property since the email was sent below. __ From: Askew, Amanda Sent: Wednesday, June 9, 20214:07 PM To:'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 19th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(g)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From: Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM To:'Karl J. Sanders' Cc: Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about Spm today? Page 2 of 5 Composite 4 11-4-21 Minutes From: Karl J. Sandersmailto:kjsanders@I<jslawpa.comj Sent: Tuesday, June 8, 2021 5:26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed ... I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and 1'11 send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Karts J. Sanders, Esq. kjsanders@kjslawpa.com 04' 868 7929 1 Office 561.386.1216 I Mobile From: Amanda Askew <aasl<ew@coab.us> Date: Monday, He 7, 2021 at 9:38 AM To: "Karl J. Sanders" <k' anders@I<jslawpa.com> Cc: "Irizarry,Angela" <alrizarry_@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Page3of5 Composite 4 11-4-21 Minutes Hey Karl, I'm looping in the code enforcement officer, so she Knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or Spm From: Karl J. Sanders[mailto:kjsanders@I<jslawpa.com] Sent: Friday, June 4, 2021 4:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule adate/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what dates)/time(s) might work best for you. looking forward to it! Talk soon. Best regards, Karl °,; �� '� "= <+ �> L�W�� Karl J. Sanders, Esq. lcjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: "Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Asl<ew <aasl<ew@coab.us> Subject: Tree Removal/Permit Issue at 34219th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought 1 had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had acomputer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - Page 4 of 5 Composite 4 11-4-21 Minutes familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received acertified-mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal $33,448.00)youras that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl kjsanders@kjslawpa.com 904.868.7929 � Office .�' L.A�n 561.386.1216 � Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook haps://www.faceboolc.com/CityofAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach, Florida has a very broad Public Records Law. Most written communications to or from State and Local officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 5 of 5 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:49:05 Eastern Daylight Time Subject: RE: Tree Removal/Permit Issue at 342 19t11 Street (Bourdon Property) Date: Tuesday, July 6, 2021 at 11:31:15 AM Eastern Daylight Time From: Irizarry,Angela To: Karl J. Sanders, Askew, Amanda Attachments: image005,jpg, image006.jpg, image007,jpg, image008.jpg Good Morning, I just tried to call you back and left you a voicemail. According to our records, Amanda offered the two options for moving forward on June 9. As of today, we still have not received an application for either option. I will be happy to forward your written request to the magistrate for an extension but we need to make sure things keep moving forward. This original stop work order was posted back in August of 2020 which prompted Mr. Bourdon to submit an after the fact permit application after which communication ceased. Notices were sent in April, May and then the hearing notice in June. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.comj Sent: Tuesday, July 6, 202111:19 AM To: Askew, Amanda <aaskew@coab.us>; Irizarry,Angela <alrizarry@coab.us> Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City's mitigation calculations and compiling alist/size of the trees that Mr. Bourdon preserved to determine whether he is entitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally, I have a previously scheduled work commitment this week (Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Karl Page 1 of 6 Composite 4 11-4-21 Minutes Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: Amanda Askew <aasl<ew@coab.us> Date: Tuesday, July 6, 2021 at 10:46 AM To: "Irizarry,Angela" <alrizarry_@coab.us> Cc: "Karl J. Sanders" <kjsanders@I<jslawpa.com> Subject: FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr. Sanders (attorney for property owner) on 6/9 about the tree permit removal process. We have not received any documents/request for this property since the email was sent below. From: Askew, Amanda Sent: Wednesday, June 9, 20214:07 PM To:'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 34219th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(8)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us Know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Page 2 of 6 Composite 4 11-4-21 Minutes Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From: Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM 7o:'Karl J. Sanders' Cc: Irizarry,Angela Subject: RE. Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about Spm today? _�.... From: Karl J. Sanders(mailto:kjsanders@I<jslawpa.com] Sent: Tuesday, June 8, 2021 5:26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed ... I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see aftached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same}. Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and I'll send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Page 3 of 6 r LAWN Composite 4 114-21 Minutes Karl J. sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 (Office 561.386.1216 I Mobile From: Amanda Askew <aasl<ew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To: "Karl J. Sanders" <I<jsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry_@coab.us> Subject: RE: Tree Removal/Permit Issue at 34219th Street (Bourdon Property) Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or Spm From: Karl J. Sanders [mailto:kjsanders@I<jslawpa.com] Sent% Friday, June 4, 20214:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule adate/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what dates)/time(s) might work best for you. Looking forward to itl Talk soon. Best regards, Karl Karl J. sanders, Esq. LAW I<jsandersCa�kjslawpa.com 904.868.7929 I Office 561.386.1216 (Mobile Page 4 of 6 Composite 4 11-4-21 Minutes From: "Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew <aasl<ew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had acomputer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us cou{d discuss a potential resolution of same. That.being said, Mr. Bourdon notified me that he received acertified-mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 � Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook haps://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City Page 5 of 6 Composite 4 11-4-21 Minutes of Atlantic Beach on Facebook haps://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook haps://www.facebook.comJCityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 6 of 6 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:49:13 Eastern Daylight Time Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Friday, July 23, 2021 at 4:33:00 PM Eastern Daylight Time From: Karl J. Sanders To: Amanda Askew CC: Angela Irizarry Attachments: image001.jpg Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. � Once I have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always, I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! Best regards, Karl Karl ], Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 � Mobile Page 1 of 1 Composite 4 11.4-21 Minutes Thursday, November 4, 2021 at 11:49:27 Eastern Daylight Time Subject: Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Thursday, September 9, 2021 at 6:03:23 PM Eastern Daylight Time From: Karl 1, Sanders To: Amanda Askew CC: Angela Irizarry BCC: Karl J. Sanders Attachments: image001.jpg Hey, Amanda. Great speaking with you again this afternoon. As discussed, your office is finalizing a response letter to the documentation we submitted regarding our landscape architect's mitigation calculations, and you expect that will be forwarded to me either late tomorrow or sometime on Monday. In the meantime, I will take a look at the issues that you verbally relayed to me (tree preservation credit calculations, preemption and landscape architect's methodology for calculations) so that we can provide you with prompt/complete responses once we receive your letter. As always, thank you for your time and efforts in working with me to try and formulate a mutually agreeable resolution of this issue. I look forward to speaking with you again next week. Best regards, Karl Kart I . Sanders, Esq. 4 kjsandermdj slawpa.com k / 904.868.7929 Office LAW 561.386.1216 Mobile Page 1 of 1 Subject: Date: From: To: CC: BCC: Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:49:34 Eastern Daylight Time Re: 342 19th Street Wednesday, September 29, 2021 at 4:52:05 PM Eastern Daylight Time Karl 1. Sanders Askew, Amanda Irizarry,Angela, TOMBOURDON7@GMAIL.COM Karl 1. Sanders Attachments: image001.jpg, image002.jpg Hey, Amanda. I've left a couple of voice mail messages regarding some questions/concerns that I'd like to run by you concerning some of the statements made in the City's 09/14/21 memo. In particular, I'd like to discuss the proposed interpretation of the applicable Code language regarding "preserved trees" and mandatory mitigation credit for same. As I have previously stated, if we can resolve that issue (and I remain hopeful that we can), everything else is moot. Please let me know if you have time for a call to discuss this week. I am tied up all day tomorrow, but I'm generally available on Friday anytime after 11:00 am. Thanks so much, and talk soon. Best regards, Karl .�i,. �, ''i f -�' LAWP� Karl .7. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 (Office 561.386.1216 � Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Thursday, September 23, 2021 at 5:30 PM To: Amanda Askew <aaskew@coab.us> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: Re: 342 19th Street Hey, Amanda. I've been tied up with another matter all week and just now saw your email from Tuesday. Thank you for the follow-up. Yes, I received your prior email and the City's attached memo of 09/14/21. We are in the process of compiling the requested information and preparing a formal response, which we will finalize and send to you no later than October 1 (as requested). That being said, I do have a couple of questions regarding the City's interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite, as per Section 23-33(d}. I will try calling you tomorrow to discuss further. Page 1 of 3 Composite 4 114-21 Minutes Thanks again, and talk soon. Best regards, Karl -- Karl J. Sanders, Esq. kjsanders@kjslawpa.com 3 ;! 904.868.7929 I Office � LAWA 561.386.1216 I Mobile From: Amanda Askew <aaskew@coab.us> Date: Tuesday, September 21, 2021 at 11:38 AM To: Karl Sanders <kjsanders@kjslawpa.com> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Hello I<arl, I just wanted to follow up on my email below to make sure you got the attached and see if you'had any questions. Please confirm receipt of this email. From: Askew, Amanda Sent: Tuesday, September 14, 20213:55 PM To:'Karl J. Sanders' Cc: Irizarry,Angela; 'TOM BOURDON7@G MAIL.COM' Subject: 342 19th Street Good afternoon Karl, Attached you will find the city's official response to the materials submitted on Sept. 1st regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City Page 2 of 3 Composite 4 11-4-21 Minutes of Atlantic Beach on Facebook https;//www.facebook.com/CityOfAtlanticeeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 3 of 3 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:49:43 Eastern Daylight Time Subject: Re: 342 19th Street Date: Monday, October 4, 2021 at 3:23:49 PM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda CC: Irizarry,Angela, TOMBOURDON7@GMAIL.COM BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg Hey, Angela. Thanks for the follow-up. I'm back in the office today and have been tied up with calls/meetings since this morning. I should be freed up for a call by 4:00 this afternoon, and I was hoping that we could schedule a few minutes to speak sometime between 4:00 and 5:00 today to talk about the questions I had regarding the City's analysis of the tree removal/mitigation issues. Please let me know if that timeframe works for you. Thanks again; and I look forward to speaking with you again soon. Best regards, Karl S. '1 =� �' ;� �� ;r �'' LAWP� Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, October 4, 2021 at 3:12 PM To: Karl Sanders <kjsanders@kjslawpa.com> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Good afternoon Karl, I just wanted to follow up on the below and your email on 9/29 to see if you have any questions. From: Askew, Amanda Sent: Wednesday, September 29, 2021 5:43 PM To: 'Karl J. Sanders' Cc: Irizarry,Angela; TOMBOURDON7@GMAIL.COM Page 1 of 4 Composite 4 11.4-21 Minutes Subject: RE: 342 19th Street Hello Karl, I got a message this morning that you left after 5 yesterday. I'm normally at my desk but had a board meeting. You message indicated that you would follow up via email with your questions. I have sometime tomorrow (9/30) after 2pm or Friday (10/1) at gam or 10am. Just let me know if something works for you. From: Karl J. Sanders mailto:kjsanders@ (jslawpaacom1 Sent: Wednesday, September 29, 20214'52 PM To: Askew, Amanda Cc: Irizarry,Angela)e TOMBOURDON7@GMAIL.COM Subject: Re: 342 19th Street I've left a couple of voice mail messages regarding some questions/concerns Hey, Amanda. that I'd like to run by you concerning some of the statements made in the City's 09/14/21 memo. In particular, I'd like to discuss the proposed interpretation of the applicable Code language regarding "preserved trees" and mandatory mitigation credit for same. As I have previously stated, if we can resolve that issue (and I remain hopeful that we can), everything else is moot. Please let me know if you have time for a call to discuss this week. I am tied up all day tomorrow, but I'm generally available on Friday anytime after 11:00 am. Thanks so much, and talk soon. Best regards, Karl Karl J. Sanders, Esq, W kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Thursday, September 23, 2021 at 5:30 PM To: Amanda Askew <aaskew@coab.us> Cc: Angela Irizarry <alrizarry_@coab.us>, Tom Bourdon <T0MB0URD0N7@GMAIL.COM> Subject: Re: 342 19th Street Page 2 of 4 Composite 4 11-4-21 Minutes Hey, Amanda. I've been tied up with another matter all week and just now saw your email from Tuesday. Thank you for the follow-up. Yes, I received your prior email and the City's attached memo of 09/14121. We are in the process of compiling the requested information and preparing a formal response, which we will finalize and send to you no later than October 1 (as requested). That being said, I do have a couple of questions regarding Y interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite, as per Section 23-33(d). I will try calling you tomorrow to discuss further. Thanks again, and talk soon. Besf regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.corn 904.868.7929 I Office 561.386.1216 I Mobile From: Amanda Askew <aaskew@coab.us> Date: Tuesday, September 21, 2021 at 11:38 AM To: Karl Sanders <kjsanders@I<jslawpa.com> Cc: Angela Irizarry <alrizarry_@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Hello Karl, I just wanted to follow up on my email below to make sure you gat the attached and see if you had any questions. Please confirm receipt Of this email. From: Askew, Amanda Sent: Tuesday, September 14, 20213:55 PM To9'Karl J. Sanders' Cc: Irizarry,Angela;'TOMBOURDON7@GMAIL.COM' Subject: 342 19th Street Good afternoon Karl, Attached you will fi nd the city's ofFicial response to the materials submitted on Sept. est regarding the trees on 342 19th Street. Page 3 of 4 Composite 4 11-4-21 Minutes Please let me know if you have any questions Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook haps://www.faceboolc.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Atlantic Beach residents and other stakeholders, imagine what your community could be at its very best in the year 2040, and let us know your thoughts by completing the City of Atlantic Beach 2040 VISION Citizen Questionnaire by Oct. 20, 2021. Here is the questionnaire: https://bit.ly/3ifkC6m ,Here is information about the City's visioning process and why it's important: www.coab.us/vision. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 4 of 4 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:49:57 Eastern Daylight Time Subject: Re: 342 19th Street Date: Monday, October 4, 2021 at 5:53:44 PM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003,jpg, image004.jpg Hey, Amanda. Thanks again for taking time to further discuss the tree removal/mitigation issues and potential options for resolving same. As discussed, the next steps here are that you will be reaching out to the City Manager to see what number (if any) may potentially be amenable to the City as a proposed settlement of these issues (which could then be presented to the City Commission by way of an appeal of the City's interpretation of the prior Tree Code language regarding mitigation credit for preserved trees). Looking at the inventory calculations prepared by my client's landscape architect, I would suggest that a reasonable settlement offer would be somewhere in the range of $5,000. Again, this is just a suggestion, as I have not yet discussed it with my client (and, of course, will need his approval first}, but I wanted to provide you with a proposed number ASAP so we can continue trying to move this matter forward. And, if the City Manager believes that it is worthwhile to entertain such a proposal to settle this matter, I can certainly provide you (and him) with a detailed breakdown of how I came up with that number (i.e., I didn't just pull it out of thin air!). Lastly, I would also note that -- in the event that we aren't able to come to terms on a reasonable settlement number and have to litigate the issue of the preemption language of Section 163.045, Fla. Stat. —the Florida Legislature amended Section 57.112 in 2019 to provide for a mandatory award of attorney fees, costs and damages to the prevailing party in a civil action filed to challenge a local government's attempt to enforce an ordinance that is preempted by state law. I mention that only as another reason why I believe it makes sense for the City to seriously consider a potential settlement to resolve this issue now ... no one wants to spend time/money litigating this matter, but the potential financial exposure to the City is real (which is why I believe a settlement of $5,000 is both reasonable and justified under the current facts). In short, I sincerely believe that finding a mutually agreeable solution to this matter would be in everyone's best interests, and I continue to believe that we can find a way to make that happen. Again, I appreciate your continued efforts in working with me to try and resolve this issue, and I look forward to hearing back from you after you've had a chance to discuss this with the City Manager. Best regards, Karl Pagelof5 �= == _ ;� ,.� �3 ��' LAWA Composite 4 11-4-21 Minutes Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Monday, October 4, 2021 at 3:23 PM To: Amanda Askew <aaskew@coab.us> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: Re: 342 19th Street Hey, Angela. Thanks for the follow-up. I'm back in the office today and have been tied up with calls/meetings since this morning. I should be freed up for a call by 4:00 this afternoon, and I was hoping that we could schedule a few minutes to speak sometime between 4:00 and 5:00 today to talk about the questions I had regarding the City's analysis of the tree removal/mitigation issues. Please let me know if that timeframe works for you. Thanks again, and I look forward to speaking with you again soon. Best regards, Karl �`�'�'�= Kari J. Sanders, Esq. ��"' kjsanders@kjslawpa.com e�. :.� �` � 904.868.7929 I Office "'� LAWA 561.386.1216 (Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, October 4, 2021 at 3:12 PM To: Karl Sanders <kjsanders@kjslawpa.com> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE. 342 19th Street Good afternoon I<arl, I just wanted to follow up on the below and your email on 9/29 to see if you have any questions. Page 2 of 5 Composite 4 114-21 Minutes From: Askew, Amanda Sent: Wednesday, September 29, 20215:43 PM To: 'Karl J. Sanders' Cc: Irizarry,Angela; TOM BOURDON7@GMAIL.COM Subject: RE: 342 19th Street Hello Karl, I got a message this morning that you left after 5 yesterday. I'm normally at my desk but had a board meeting. You message indicated that you would follow up via email with your questions. I have some time tomorrow (9/30) after 2pm or Friday (10/1) at gam or 10am. Just let me know if something works for you. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.comj Sent: Wednesday, September 29, 20214:52 PM To: Askew, Amanda Cc: Irizarry,Angela; TOMBOURDON7@GMAILCOM Subject: Re: 342 19th Street Hey, Amanda. I've left a couple of voice mail messages regarding some questions/concerns that I'd like to run by you concerning some of the statements made in the City's 09/14/21 memo. In particular, I'd like to discuss the proposed interpretation of the applicable Code language regarding "preserved trees" and mandatory mitigation credit for same. As I have previously stated, if we can resolve that issue (and I remain hopeful that we can), everything else is moot. Please let me know if you have time for a call to discuss this week. I am tied up all day tomorrow, but I'm generally available on Friday anytime after 11:00 am. Thanks so much, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Page 3 of 5 Composite 4 11.4-21 Minutes Date: Thursday, September 23, 2021 at 5:30 PM To: Amanda Askew <aaskew@coab.us> Cc: Angela Irizarry <alrizarry_@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: Re: 342 19th Street Hey, Amanda. I've been tied up with another matter all week and just now saw your email from Tuesday. Thank you for the follow-up. Yes, I received your prior email and the City's attached memo of 09/14/21. We are in the process of compiling the requested information and preparing a formal response, which we wIll finalize and send to you no later than October 1 (as requested). That being said, I do have a couple of questions regarding the City's interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite, as per Section 23-33(d). I will try calling you tomorrow to discuss further. Thanks again, and talk soon. Best regards, Karl AW. Karl J. Sanders, Esq. L<jsanders@kjsIawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: Amanda Askew <aaslcew@coab.us> Date: Tuesday, September 21, 2021 at 11638 AM To: Karl Sanders <LJsanders@I<jslawpa.com> Cc: Angela Irizarry <alrizarry_@coab.us>, Tom Bourdon <TOMB0URDON7@GMAIL.COM> Subject: RE: 342 19th Street Hello Karl, I just wanted to follow up on my email below to make sure you got the attached and see if you had any questions. Please confirm receipt of this email. From: Askew, Amanda Sent: Tuesday, September 14, 2021 3:55 PM Too 'Karl 1, Sanders' Cc: Irizarry,Angela; 'TO MBOURDON7@GMAIL.COM' Subject: 342 19th Street Good afternoon Karl, Page 4 of 5 Composite 4 11-4-21 Minutes Attached you will find the city's official response to the 15t regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 materials submitted on Sept. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook haps://www.facebool<.cofrrom' StOatetand Lo al Offic alsdandaagencie bregarding Public Records Law. Most written communications to 0 State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Atlantic Beach residents and other stakeholhds �� om � feting the City of Atlantic Beach2 040'VISION C tizen the year 2040, and let us know your thong y p Questionnaire by Oct. 20, 2021. Here �s the ortantowww.coabpuss/vbsion/ Wantto �recerivesC ty of At anti bout the City's visioning process and why it s imp Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local businesour emuail`c records available to the public and media upon request. Your email communications, including y address, may therefore be subject to public disclosure. Page 5 of 5 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:50:15 Eastern Daylight Time Subject: Registered Landscape Architect Declaration re: Tree Removal/Mitigation Issue at 342 19th 5t (Code Enforcement Case No. 21-087) Date: Monday, October 25, 2021 at 5:01:10 PM Eastern Daylight Time From: Karl J. Sanders To: Amanda Askew CC: Angela Irizarry BCC: Karl J. Sanders Attachments: image001.jpg, DECLARATION (with Exhs) of Michael Miller RLA re Tree Removal & Mitigation.pdf Hey, Amanda. Nice speaking with you again today. As discussed, I've attached a copy of the Verified Written Declaration from the Registered Landscape Architect that my clients retained to review the circumstances surrounding removal of the subject trees from their residential property at 342 19th Street. As more fully set forth in that Declaration, our duly licensed Registered Landscape Architect has concluded that 15 of the 20 trees which were removed from the Bourdon Residence presented a danger to persons andlor property at the time of their removal; accordingly, per Section 163.045, Florida Statues, any local regulations requiring prior notice, application, approval, permit, fees or mitigation for their removal are expressly preempted by State law. Once you and your Staff have had an opportunity to review the attached Declaration, I kindly ask that you confirm the City will be revising its initial Tree Removal Calculations and corresponding mitigation assessment. Should you have any questions or wish to discuss further, please do not hesitate to contact me. 8esf regards, Karl a�r��`-" -'�-`� Karl 7. Sanders, Esq. •-r ,}�'�,� kjsanders@kjslawpa.com _ j !j t 904.868.7929 � Office �''' LAWA 561.386.1216 � Mobile Page 1 of 1 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:50:49 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Tuesday, July 6, 2021 at 11:19:17 AM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda, Angela Irizarry BCC: Karl J. Sanders Attachments: image001Jpg, image002,jpg, image003.jpg, image004.jpg Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 281 regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City's mitigation calculations and compiling a list/size of the trees that Mr. Bourdon preserved to determine whether he is entitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally, I have a previously scheduled work commitment this week (Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Besf regards, Karl IN /9 v, 3 t Karl 7. Sanders, Esq. LAWA kjsanders@kjslawpa.corn 904.868.7929 1 Office 561.386.1216 � Mobile From: Amanda Askew <aaskew@coab.us> Date: Tuesday, July 6, 2021 at 10:46 AM To: "Irizarry,Angela" <alrizarry@coab.us> Cc: "Karl J. Sanders" <kjsanders@kjslawpa.com> Subject: FW: Tree Removal/Permit Issue at 34219th Street (Bourdon Property) Page 1 of 5 Composite 4 11-4-21 Minutes Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr. Sanders (attorney for property owner) on 6/9 about the tree permit removal process. We have not received any documents/request for this property since the email was sent below. From: Askew, Amanda Sent: Wednesday, June 9, 2021 4:07 PM To:'Kar) J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 1.9th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(g)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us Know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From: Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM To:'Karl J. Sanders' Cc: Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about Spm today? Page 2 of 5 Composite 4 11-4-21 Minutes From: Karl J. Sanders mailto:I<jsanders@I<jslawpa.com] Sent: Tuesday, June 8, 20215:26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed ... I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and I'll send you an invite to confirm same. Thanks again, and talk soon. Best regards, Kar! Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561,386.1216 � Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To: "Karl J. Sanders" <I<jsanders@I<jslawpa.com> Cc: "Irizarry,Angela" <alrizarry_@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Page 3 of 5 Composite 4 11-4-21 Minutes Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or 3pm From: Karl J. Sanders [mailto:kjsanders@I<jslawpa.comj Sent: Friday, June 4, 20214;59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule adate/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what dates)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl Karl .7. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From: "Karl J. Sanders" <kjsanders@I<jslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew <aasl<ew@coab.us> Subject: Tree Removal/fermi# Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had acomputer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - Page 4 of 5 Composite 4 11-421 Minutes familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified -mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl "''�-,, Karl J. Sanders, Esq, kjsandersftslawpa.com <6S k; o t 904.868.7929 Office LAW=n 561.386.1216 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook haps://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? lust say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach, Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 5 of 5 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:50:59 Eastern Daylight Time Subject: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Date: Thursday, July 8, 2021 at 9:31:59 AM Eastern Daylight Time From: Karl J. Sanders To: Angela Irizarry Angela -Thanks again for your agreement to a deferral/continuance of the July 8, 2021 hearing date for my client's case. Per your instructions, I am providing you with the following statement/request for the Special Magistrate in connection with same: On behalf of my client, Mr. Thomas Bourdon, I respectfully request a deferral/continuance of the Code Enforcement hearing scheduled fox July 8, 2021, regarding the alleged violations of the City's Tree Protection Ordinance. As per my discussion with Ms Irizarry, I am unable to appear at the noticed hearing due to a scheduling conflict; namely, I have work-related commitments in South Florida this week that were scheduled back in April of this year, and I will be physically unable to appear at the hearing that the City noticed in June fox this matter. That being said, I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation, and I remain hopeful that we will be able to find a mutually agreeable resolution of this matter in short order. If, however, those efforts prove unsuccessful, we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance fox your consideration of this request. Respectfully, Karl J. Sanders j Kart J. Sanders, Esq. kjsanders@kjslawpa_com 904�868��29 � Office 561_386,1216 � Mobile Pagelofl Composite 4 1 4-2 M�'Ctutes Thursday, November 4, 2021 at 11:51:09 Eastern Daylight Time Subject: Re: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Date: Thursday, July 8, 2021 at 1:07:31 PM Eastern Daylight Time From: Karl J. Sanders To: IrizarryAngela BCC: Karl J. Sanders Thanks, Angela. 1'11 be in meetings all afternoon, but a colleague of mine (Zac Miller) will be attending the hearing today for another matter and offered to speak on.my behalf regarding the deferral request if the Special Magistrate happens to have any questions regarding same. Thanks again, and talk soon. Best regards, Karl I kjsanders@kjslawpa,com I9040868:7929. Office 661.386.1216 Mobile On Jul 8, 2021, at 9:41 AM, Irizarry,Angela <alrizarry@coab.us> wrote; Thank you. I will present this to the Magistrate on your behalf today. FYI...We do stream these meetings so if you like to log in and watch, you can do so at www.coab:us. Just scroll down to the very bottom of the home page and click Live Stream. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Thursday, July 8, 20219:32 AM To: Irizarry,Angela <alrizarry@coab.us> Subject: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Angela -Thanks again for your agreement to a deferral/continuance of the July 8, 2021 hearing date for my client's case. Per your instructions, I am providing you with the following statement/request for the Special Magistrate in connection with same: On behalf of my client, Mr. Thomas Bourdon, I respectfully request a deferral/continuance of the Code Enforcement hearing scheduled for July S, 2021, regarding the alleged violations of the City's Tree Protection Ordinance. As per my Page 1 of 2 Composite 4 11-4-21 Minutes discussion with Ms Irizarry, I am unable to appear at the noticed hearing due to a scheduling conflict; namely, I have work-related commitments in South Florida this week that were scheduled back in April of this year, and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said, I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation, and I remain hopeful that we will be able to find a mutually agreeable resolution of this matter in short order. If, however, those efforts prove unsuccessful, we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance for your consideration of this request. Respectfully, Karl J. Sanders �� Karl J, Sanders, Esq. kjsanders@kjslawpa.com •�� :.: • .i c:. .. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityofAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public ou°ema I addrless�may public and media upon request. Your email communications, including y therefore be subject to public disclosure. Page 2 of 2 Subject: Date: From: To: CC: BCC: Composite 4 114-21 Minutes Thursday, November 4, 2021 at 11:51:26 Eastern Daylight Time Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Wednesday, August 18, 2021 at 12:45:45 PM Eastern Daylight Time Karl J. Sanders Irizarry,Angela Amanda Askew Karl J. Sanders Attachments: image001.jpg, image002.jpg Hey, Angela. I've been out of town and "off the grid" for the past few weeks dealing with family stuff ... my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago. I just got back to Jax late Sunday night and have been playing catch up at the office this week. I reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the end of this week. I will circle back with you and Amanda with a status update after I've spoken with him. Thanks, and talk soon. Best regards, Karl f LAWPA Karl 7. Sanders, Esq. kjsanders@kjslawpa .com 904.868.7929 � Office 561.386.1216 � Mobile From: Angela Irizarry <alrizarry@coab.us> Date: Wednesday, August 18, 2021 at 10:56 AM To: Karl Sanders <kjsanders@kjslawpa.com> Subject: RE: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No, 21-087) Karl, Good morning. I wanted.to check in with you on the status of the arborist report and let you know that we have not seen anything from your landscape architect yet. Can you tell me where you are on this? ............... . From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, July 23, 2021 4:33 PM To: Askew, Amanda <aaskew@coab.us> Page 1 of 2 Composite 4 11.4.21 Minutes Cc: Irizarry,Angela <alrizarry@coab.us> Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. Ar time and assistance in trying to work through these issues, and I s always, I appreciate you look forward to speaking with you again soon. Have a great weekend! Best regards, Karl1�s _l I} L AWs, Karl 7: Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 I Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 2 of 2 Composite 4 114-21 Minutes Thursday, November 4, 2021 at 11:51:36 Eastern Daylight Time Subject: Re; Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21"087) Date: Wednesday, September 1, 2021 at 5:30:05 PM Eastern Daylight Time From: Karl 1, Sanders To: Irizarry,Angela CC: Amanda Askew BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, CE -- AB Tree Removal Calcs inventory site plan .pdf, CE -- RLA Tree Removal & Preservation Calcs inventory site plan .pdf Hey, Angela. As discussed, my client's landscape architect has completed his review/analysis of the removed trees and mitigation issues for Mr. Bourdon, and it appears that the City's initial mitigation calculations failed to account for the on-site tree preservation credit towards the assessed mitigation for the removed trees. Bottom line is that Mr. Bourdon preserved a total of 42 trees on-site that were 3" DBH or greater, resulting in a total of 433" inches of credit that is available to be used to offset the assessed mitigation number that the City calculated (i.e., 266") and thereby satisfying the City's proposed mitigation number. Per your request, I'm providing you with a summary of his findings now so that you will have that information available to share with the Special Magistrate and confirm that we have now secured and forwarded those findings to the City. Once Amanda returns back to the office (my understanding is that she's out of town this week at a work conference), I will circle back with her to discuss both the findings and next steps (if any). Lastly, as I have previously represented to both you and Angela, our agreement to make a good -faith effort to seek a mutually agreeable resolution of these issues does not mean that my client has admitted to the alleged code enforcement violation that is now pending before the Special Magistrate; rather, we expressly reserved our right to challenge the alleged violation, in the event that the parties were not able to come to an agreement on the proposed mitigation numbers. Again, once Angela returns and has an opportunity to review our findings, we will be able to resume those discussions and, hopefully, put this matter to rest. In the meantime, here's a summary of our landscape architect's findings. Additionally, as backup — and for your ease of reference —I've also attached pdf copies of both the City's initial calculations (with site plan of removed trees and inventory) and our architect's findings with site plan of preserved trees and inventory): City Tree Removal Calculations 1. 20 trees removed (total 226") 2. No credits for any trees preserved (per Sec, 23-33(d) of AB Tree Protection Code, "existing onsite trees that are 3 inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation ... if preserved onsite) 3. City's Mitigation Assessment = 226" in new plantings or Tree Fund payment ($148/inch) of $33,448 Landscape Architect Calculations 1. 20 trees removed (total 226") 2. 15 trees presented danger to persons or property (total 176), per Section 163.045, Page 1 of 4 Composite 4 11.4.21 Minutes Fla. Stat., and therefore not subject to local permitting/mitigation regulations 3. 5 trees did NOT present danger to persons or property (total of 50"), and therefore are subject to local permitting/mitigation regulations 4. Landscape Architect's Mitigation Assessment = 50" in new plantings or Tree Fund payment ($148/inch) of $7,400 Mitigation Credit for Preserved Trees 1. 42 trees preserved onsite that are 3 inches DBH or greater z. Total DBH of the 42 preserved trees = 433" Mitigation Required for Removed Trees =NONE 1. Tree Preservation Credit - City's Tree Removal Calculations): 433"' preserved minus 226" required = 207" surplus 2. Tree Preservation Credit - Landscape Architect's Tree Removal Calculations): 433" preserved minus 50" required = 383" surplus Thanks again, and just let me know if you have any questionsI'll be sure to keep you posted . with updates on my discussions with Amanda and her staff next week. Talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Wednesday, August 18, 2021 at 12:45 PM To: Angela Irizarry <alrizarry@coab.us> Cc: Amanda Askew <aaskew@coab.us> Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Angela. I've been out of town and "off the grid" for the past few weeks dealing with family stuff ... my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago. I just got back to Jax late Sunday night and have been playing catch up at the office this week. reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the ith you and Amanda with a status update after I've end of this week. I will circle back w spoken with him. Thanks, and talk soon. Besf regards, Karl '3 } LAWA Composite 4 114-21 Minutes Kari J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 1 Mobile From: Angela Irizarry <alrizarry@coab.us> Date: Wednesday, August 18, 2021 at 10:56 AM To: Karl Sanders <kjsanders@kjslawpa.com> Subject: RE: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Karl, Good morning. I wanted to check in with you on the status of the arborist report and let you know that we have not seen anything from your landscape architect yet. Can you tell me where you are on this? From: Karl J. Sanders [mailto;kjsanders@kjslawpa.com] Sent: Friday, JUIy 23, 20214:33 PM To: Askew, Amanda <aaskew@coab.us> Cc: Irizarry,Angela <alrizarry@coab.us> Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th 5t (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always, I appreciate your time and assistance in try ing to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! Page 3 of 4 Composite 4 11-4-21 Minutes Besf regards, Karl .��'"'- Karl ]. Sanders, Esq. '��; kjsanders@kjslawpa.com 904.868.7929 � Office ,��' �A� z. 561.386.1216 � Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us., Follow the City of Atlantic Beach on Facebook haps://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 4 of 4 Composite 4 11.4.21 Minutes TREE REMOVAL CALCULATIONS City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 Phone: (904) 247.5826 Fax: (904) 247.5845 Email: Building-Dept@coab.us Permit: TREE20-0034 Applicant: Thomas Bourdon Address: Site Address: 342 1911 Street Phone: #; Email: TREE REMOVAL CALCULATIONS REMOVED Legacy (non -oak) Legacy (oak) Oaks Palms Others Total Protected Trees Removed: 24 0 0 130 72 226 Mitigation Needed: 24 0 0 130 72 226 Trees Removed: 24" Hickory; 8", 9", 111, 244", 16" Trees; 8", 9", 8-101, 3-1 I" Palms MITIGATION Legacy (non -oak) Legacy (oak) Oalcs Palms Others Total 0 0 Credit for Trees Preserved: 0 0 0 0 0 0 0 0 Credit for Trees Relocated: 0 0 0 0 Credit for Trees Planted: 0 0 0 0 Total. 0 0 0 0 0 0 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 Bald Cypress; 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. ADDITIONAL MITIGATION REQUIRED (Mitigation Needed •- Total) Legacy (non -oak) Legacy (oak) Oalcs Palms Others Total 0 0 0 p 0 226 New Trees Planted: or Payment Into Tree Fund**: $0.00 $0.00 $0.00 $0.00 $0.00 $335448.00 or **At least 50% of mitigation must be onsite. A Combination of the Above** Additional Notesg Mitigation is 1 inch preserved or planted for every 2 inches removed. Tree Fund rate is $148.00 per inch. Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal. APPROVED ❑ DENIED ❑ TPO ADMINISTRATOR DATE Composite 4 11.4-21 Minutes EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department FOR INTERNAL OFFICE USE ONLY 800 Seminole Road Atlantic Beach, FL 32233 PERMIT # (P) 904111,247-5800 List the species and diameter at breast height (dbh) of all trees identified on EXHIBIT B COMMENTS ID DBH SPECIES removing preserving replacing 1 10" Palm 2 24" Hickory ® "Legacy Tree" (Sec. 23-33(1)(2)(c)3 AB Ord, Code) F53 11 Tree 4 16 Tree 11" Palm 6 10" Palm 7 10 Palm A 8 10" Palm 9 9" Palm O 10 11" Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm 15 10" Palm 16 8" Palm 17 14" Tree 18 8" Tree 19 14" Tree 20 10" Palm Total 266" DBH 02 TREE REMOVAL EXHIBIT C; Tree Mitigation Worksheet 03.01.2018 N 0^ CL EN 0 a=t= f�af°aaf°a`� m~tea CIA o oma;-{io�00 rmi rmi rmi rmi rmi00rA00 � rl N ri ri ri ri c i rmi 01 O r1 N m ';' Ln l0 n 00 Ql O rH N m d Ln l0 n w al r-1 r -I ri H ri H ri H r-1 r -I N N N 41 4.1 N 4J QJ QJ 41 N 4J QJ N CU 4.1 Q1 4.1 d.l 4.1 Q1 LJ . . L, L, L) L) � L' L' . . L1 �h n 00 .N$ (u .a� a m o LhLM 1 a� H w Ln lye tL' Iv cu v a, v � v � v �h n 00 .N$ (u .a� a m o LhLM 1 a� H w Ln lye tL' Iv cu v Composite 4 11-4-21 Minutes EXHIBIT Co TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 List the species and diameter at breast height (dbh) of all trees identified on EXHIBIT B Landscape Architect's Calculations (Removed Trees) ID DBH SPECIES t7lIKCCFtCMVVHL-cnn:on�.ncc ,rnuy,..,,,P,VFW "X"= removing "[ ]"= Sec. preserving Preemption 163.045 COMMENTS Palm • 1 10" Hickory • 2 24" Tree • 3 11" Tree 4 16" Palm 5 11" Palm 6 10" Palm 7 10" Palm O 8 10 Palm 9 9" Palm 10 11" Tree • 11 9" Palm 12 10" Palm Palm Palm Palm Tree Tree Tree Palm 13 11" 14 10" 15 10" 16 8" 17 14 18 8" 19 14 10" F Total DBH based on the 5 removed trees that did not present danger to persons/property (163.045, Fla. Stat.) l DBH 50„ ... .__ ------- L L V C C E L E s E E v v ��-� � E E E L E �a '� a E E a 0 a 0 a a�O. +'�-� �� y O� a a a 0 a� a a� a a O O a O ' � . ' � � rN-i � � � oo io o� N m ^� � � � � � � � am � � � �-i N m 'ch 11"i � t� W Qt O c -I N m '�t tll lD I� 00 Q1 O �--� N m N N N N N N N N N m m m m m m m m m m ct v ct ct � � xfi �2 �k � �k �k �t � � � xt � �# *k � � *k �k *k �k �# v v a� a� a� v v v a� v v v v w v v v v v v v v v `v v � � � � v �J LL� L v v � � v � �J � � ` � L� � � °�,� v �s � v��, vy,��,, �aLs..c Boa n�.iv000=0 Np�pOOain�00�"in ri tY1 t1'I O Ul , O N W c -I c-1 i -I ri ci 00 'l0 e -I �-I r -I IJl N Ql ci CO 00 Q1 rl O �-i N m d' tI1 tD I� 00 Q1 O �-i N m d' lfi lD t� W 61 v-1 i -I r -i r -i e -I � � � � ri N N 61 N N 4J N v Q1 � N N N N N N N 4J Q1 v v � iJ � v �J �J �J `1 v v � � i � �J ��.. Ol � L1 v F- t- F- h- I- i- F- F- I- 1- F- F- F- f— F-- F- F= F- 1- f - U (C u�.� m U C F � .�.J W N s a � c} m _ _ _ __ _._ Composite 4 11-4-21 Minutes EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 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 X_ [ � — O — COMMENTS (for use by City Staff) ID D8H SPECIES removing preserving replacing 1 11" Palm 2 5" Palm 3 23 Oak 4 9.5" Sweetgum • 5 10" Sweetgum A 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 O 14 10" Palm 15 1205" Palm 16 14" Sweetgum 0 17 8" Sweetbay Magnolia 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 4 114-21 Minutes EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 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 IIXII� II( �il� o Ill _ SPECIES COMMENTS (for use by City Staff) ID DBH removing preserving replacing 26 11" Palm 27 811 Sweetgum 28 611 Oak 29 911 Palm 30 35' Sweetbay Magnolia 31 3.5" Sweetbay Magnolia 32 12" Palm 33 1211 Palm 34 12" Palm 35 13" Oak 36 1111 Palm 37 11.5" Palm 38 1211 Palm 39 9.5" Palm 40 12.511 Palm 41 11" Palm 42 1111 Palm Total 433" DBH 02 TREE REMOVAL "EXHIBIT C: Tree Mitigation Worksheet 03.01.2018 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:52:31 Eastern Daylight Time Subject: Re: Magistrates Order Date: Wednesday, September 1, 2021 at 5:40:48 PM Eastern Daylight Time From. Karl J. Sanders To: Irizarry,Angela Attachments: image001.jpg Thanks, Angela. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 I Mobile From: Angela Irizarry <alrizarry@coab.us> Date: Wednesday, September 1, 2021 at 4:47 PM To: Karl Sanders <kjsanders@kjslawpa.com> Subject: Magistrates Order Per your request here is the order from July. Angela Irizarry Angela Irizarry, Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 0:(904) 247-5855 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding Sfafe or Local business are public records available to fhe public and media upon request. Your email communications, including your email address, may fherefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 1 of 1 Composite 4 114-21 Minutes Thursday, November 41 2021 at 11:52:40 Eastern Daylight Time Subject: Re: Magistrates Order Date: Wednesday, September 29, 2021 at 5:00:25 PM Eastern Daylight Time From: Karl J. Sanders To: Irizarry,Angela CC: Amanda Askew Attachments: image001Jpg, image002.jpg1 image003.jpg Hey, Angela. I never received a reply to this email, so I thought I'd follow-up with a reminder email. 1. Who prepares the draft Code Enforcement Orders for the Special Magistrate's review/signature? 2. Were draft Orders from the last meeting prepared or circulated for review? 3. Is there a final (signed) Order from the Special Magistrate regarding her directives concerning my client's matter at the last meeting? Thanks so much. Best regards, Karl -:01 's LAWPA Karl J. Sanders, Esq. kjsanders@kjsiawpa.com 904.868.7929 � Office 561.386.1216 Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Thursday, September 9, 2021 at 6:12 PM To: Angela Irizarry <alrizarry@coab.us> Cc: Amanda Askew <aaskew@coab.us> Subject: Re: Magistrates Order Angela — I just wanted to follow-up with you on the status of the Special Magistrate's verbal order at the Code Enforcement proceedings as week. I spoke with Amanda regarding the mitigation issues earlier today, and my understanding is that the Order has not yet been finalized/signed, as it typically takes a week or so for that to happen. At any rate, I just want to ensure that Code Enforcement (or someone else from the City) is planning to email a copy of that Order to me as soon as it's signed/issued. I'm assuming that Code Enforcement prepares the draft orders for the Special Magistrate's review/signature ... If that's not the case, please let me know who it is that I need to contact e Order as soon as the City is in receipt of same. to ensure that I receive a copy of th Thank you. Pagelof3 Composite 4 11-4-21 Minutes Best regards, Karl " Karl J. Sanders, Esq. �' _ kjsanders@kjsiawpa.com .f >l 7 '� 904.868.7929 � Office -�` LAWA 561.386.1216 � Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Wednesday, September 1, 2021 at 5:40 PM To: Angela Irizarry <alrizarry@coab.us> Subject: Re: Magistrates Order Thanks, Angela. Best regards, Karl . Karl J. Sanders, Esq. _ ~,'";,� kjsanders@kjslawpa.com _ t 904.868.7929 � Office :;, LAWPA 561.386.1216 � Mobile From: Angela Irizarry <alrizarry@coab.us> Date: Wednesday, September 1, 2021 at 4:47 PM To: Karl Sanders <kjsanders@kjslawpa.com> Subject: Magistrates Order Per your request here is the order from July. Angela Irizarry Angela Irizarry, Code Enforcement OfFicer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904) 247-5855 Florida has a verybesa a abding State orLoca business are publicnrecords avat7able to the pub�c and Officials and agen g Page 2 of 3 Composite 4 114-21 Minutes media upon request. Your email communications, including your email address, may therefore be subject fo public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityofAtlanticBeach4 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 3 of 3 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:53:37 Eastern Daylight Time Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Wednesday, lune 9, 2021 at 10:34:08 AM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders CC: Irizarry,Angela Attachments: image004.jpg, image005.jpg, image006.jpg How about Spm today? From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, June 8, 20215:26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what wdorks bcanf either do arizoomacaill lorf ro d schoo\I" clongference call .. . scheduled/confirm whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and 1'll send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Page 1 of 3 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:53:50 Eastern Daylight Time Subject: FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Monday, June 28, 2021 at 5:02:58 PM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, 342 19TH ST RE520-0226_2.pdf, 342 19th St Permit Application - roof.pdf, 07-09-18 Commission Minutes.pdf,luly 9 Waiver Update (002).pdf From: Askew, Amanda Sent: Wednesday, June 9, 2021 4:07 PM To:'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 19t1� Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(8)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us Know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From: Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM To:'Karl 1. Sanders' Cc: Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about Spm today? Page 1 of 4 Composite 4 11-4-21 Min 3uilding Permit Applicatiorl City of Atlantic Beach Building Department 800 Seminole Road, Atlantic Beach, FL 3223 Phone: (904) 247-5826 Email. ` 1.11, 10b Address" 35219th Street, Atlantic Beach, FL 32233 Legal Description 3s-sa os.2s•2sESELVA MnR(NA uNtr 12 n.Lors REVIEWED F( CODE COMPLIANCE 9,1.2020 Permit Number: RECEIVED By Toni Gfndlespeiger'ar q:36 pm, Aug 18, 2020 J ;¢ALL INFORMATION HIGHLIGHTED IN GRAY IS REQUIRED, R E 320-0226 RE# (7'2C�L�� _ 14L12 Valuation of Work (Replacement Cost) $ 1 % �IC:DU Heated/Cooled SF Non- Heated/Cooled ♦ ClassofWork: ®New ❑Addition PIAlteration ARepair Move ®Demo []Pool RWindow/Door • Use of existing proposed structure(s): ClCommercial ®Residential • If an existing structure, is a fire sprinkler system Installed?: OYes ❑ No Describe in detail the type of work to be performed: Updated Floors, Kitchen, Bathrooms, Roof, Windows, Landscaping, Painting,llWall Removal Florida Product Approval # for multiple products use product approval form Property owner Information Name Thomas Bourdon Address 342 i th Street City Attanllc Beach State FL Zip 32233 phone 86M74-1941. E -Mail tombourdon7ftmall.com Owner or Agent (If Agent, Power of Attorney or Agency Letter Required) Owner Contractor Information Name of Company JaxPro ¢onstuctloninc, Qualifying Agent�/n�"moi�C�aS'l` Address 309 Odoms Mill Blvd, City Porno Vedra Beach State FL Zip 32082 Office Phone 944.549.5392' Job Site Contact Number oU 0�9�c9 L 5tate Certification/Registration #ee'GG �� -dGG' E -Mail l�t? O ftmell=m Architect Name & Phone # Engineer's Name & Phone # Workers Compensation Insurer OR Exempt a Expiration pate � /ll �`�lr� 4iplucation is nereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating p p G SIGNS construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, _ WELLS, POOLS. FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc �10TlCE ln`addrtlori`Y4 the requtramerits ofths OWNER'S AFFIDAVIT: 1 certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDIIy.GYQ�R ¢GQTItyE OF COMMENCEMEN ,� onature of Owner or Agent} Sig ed and sworn to (or affirm before to th's '� day U �rZ , by I a U2_(Ork Nalary Fub6a Commonwealth of Massach9Setis I MyConmissbnFxplre sAug.1q,202c [ j Personally Known O oduced Iclentlficatton M •ype of Identification: l" b 1 Sig ed and sworn to (or affirmed) before jme this) 1 �'day of ��* �4a�"'K�'bPrty'FFJb11C5Y='�'tivPlOntl6 Christopher Morse Expros'01f$012 23 927955 07 e� [ ]Personally Known [s] i? duced Identification Type of Identification:: -UVLe it q c}91 �'r' . '✓ t" •} State of Florida County of Duva( Composite 4 11-421 Minutes Tax Folio No. »zo2o-1242 To Whom It May Concern. The undersigned hereby informs you that improvements will be made to certain real property, and in accordance with Section 713 of the Florida Statutes, the following Information is stated in this NOTICE OF COMMENCEMENT. Legal Description of property being improved: 36-64 09 -2S -29E SELVA MARINA UNIT 12-A LOT 5 Address of property being improved: 3a21sm street, Atlantic Beacn, FL 32233 General description of improvements: Updated Floors, Kitchen Bathrooms, Roof, Windows Landscaping, Painting, wall removal OWner: Thomas and {Cathleen Bourdon Owner's interest in site ofthe improvement:, Owner Fee Simple Titleholder (if other than owner): Nam e: Contractor: Jax Pro Gonstuction Inc. Address; 309 Odoms Mill Address' 342 191h , AilanticBeach. FL 32233 Street B(vd., Ponte Vectra Beach, FL 32062 Telephone No,: (904)5Ww5392 Fax No: Surety (if any) Address: Telephone No: Fax No: Amount of Bond $ Name and address of any person making a loan for the construction of the improvements Name; FBG I,Aortgage, LLC Address; 16604 Town Center, rw. ay North Suite A, Wesilake, FL 33470 Phone No: (954) 9444035 Fax No; Name of person within the State of Florida, other than himself, designated by owner upon whom notices.or other documents may be serv ed; Name: Address: Teleohone No: Fax l� In addition to himself, owner designates the following persoh to receive a copy of the (b), Florida Statues. (Fill in at Owner's option) Name: Address: Teleohone No: Fax No; Lienor's Notice as provided in 5ectio�. Expiration date of Notice of Commencement (the ekpiration date is one (1j year from the date of recording unless a different date is specified); 7HIS SPACE FOR RECORDER'S USE ONLY si�.as Nctary PuElic, Comoro hof ldnc MyCornmiss' Fite Aub, ta• OWNER. Bef re me this- ' , as personally appeared tary Public at Large, Sta , y. commission expires: Personally Known: Produced Identification: Date: in the � to suFF 1��' C�]1 Composite 4 11-4-21 Minutes Building Permit Application City of Atlantic Beach Building Department 800 Seminole Road, Atlantic Beach, FL 32233 Phone: (904) 247-5826 Email; Building? Dept@coab.us Job Address; 342 19th Street, Atlantic Beach, FL, 32233 Legal Description 36-64 09 -2S -29E SELVA MARINA UNIT 12-A LOT 5 Valuation of Work (Replacement Cost) $13D00.00 Heated/Cooled SF Updated 10/9/18 **ALL INFORMATION HIGHLIGHTED IN GRAY IS REQUIRED, Permit Number: RERF20-0153 RE# 172020-1242 Non-Heated/Cooled Class of Work: ❑New ❑Addition E�Alteration ❑Repair -//❑Move ❑Demo ❑Pool ❑Window/Door • Use of existing/proposed structure(s); ❑Commercial EdResidential • If an existing structure, is a fire sprinkler system Installed?: ❑Yes UNo • WWII Lree15) DB lefnuyeu nr anwua uvu Describe in detail the type of work to be performed; reroof, 27 sq, 6/12 pitch, shingles FL10124-R26 Florida Product Approval # � 1l•-.^1�,u �.'�. o _for multiple products use product approval form Property Owner Information Name Donald Maclean Address 2 PETTIS ST. City LAKE GEORGE State NY Zip 12845' Phone 860-874-1941 E -Mali tomb ourdon7 mail.com Owner or Agent (If Agent, Power of Attorney or Agency Letter Required) Contractor Information Name of Company Reliant Roofing Qualifying Agent Cameron Shouppe Address 4230 Pablo Professional Ct#155 City Jacksonville State F-1 Zip 32224 office Phone 904-667,-0880 Job Site Contact Number 904712-3111 State Certification/Registration # CCC1330615 E -Mail amanda(c.)reliantrooflng com Architect Name & Phone # Engineer's Name & Phone # Workers Compensation Insurer ,policy #* WC 19s 49795 OR Exempt ❑ Expiration Date 11/20/2020 Application is hereby made to obtain a permit to do the work and Installations as Indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating constructjon in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc. NOTICE: In additionto the Y I.:. , meets of this permit,ahere may be additional restrictions applicable to this property that may be found in the public records 0f,this county, and there rriay be'additlonal pemiIts required from other governmental entities such as water management`distncts,`state agenclespor federal 'agencies. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING Y OF COMMENCEMENT. of Owner or Agent) Signed and sworn to (or affirmed) before me this � day of A M M'Ita M (Signature of Commissio MgNpA JACKSON [personally Known � (]Produced identific� Type of Identification: A State of Florida -Notary Pub! MY Commission EOP3es AD6109.2022 of AMANDA JACKSON (personally Known OR [ j Produced Identification Type of Identification: _ State of Ftonda-Notary Publ Commission N GG 206320 My Commission E?pires Composite 4 11-421 Minutes Thursday, November 4, 2021 at 11:54:53 Eastern Daylight Time Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Tuesday, July 6, 2021 at 11:31:15 AM Eastern Daylight Time From: Irizarry,Angela To: Karl J. Sanders, Askew, Amanda Attachments: image005,jpg, image006.jpg, image007.jpg, image008,jpg Good Morning, I just tried to call you back and left you a voicemail. According to our records, Amanda offered the two options for moving forward on June 9. As of today, we still have not received an application for either option. I will be happy to forward your written request to the magistrate for an extension but we need to make sure things keep moving forward. This original stop work order was posted back in August of 2020 which prompted Mr. Bourdon to submit an after the fact permit application after which communication ceased. Notices were sent in April, May and then the hearing notice in June. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, July 6, 202111:19 AM To: Askew, Amanda <aaskew@coab.us>; Irizarry,Angela <alrizarry@coab.us> Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City's mitigation calculations and compiling a I's Us of the trees that Mr. Bourdon preserved to determine whether he is entitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally, I have a previously scheduled work commitment this week (Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Kar! Page 1 of 6 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:55:00 Eastern Daylight Time Subject: RE. Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Date: Thursday, July 8, 2021 at 9;41:10 AM Eastern Daylight Time From: Irizarry,Angela To: Karl J. Sanders Thank you. I will present this to the Magistrate on your behalf today. FYI...We do stream these meetings so if you'd like to log in and watch, you can do so at www.coab.us. Just scroll down to the very bottom of the home page and click Live Stream. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Thursday, July 8, 2021 9:32 AM To: Irizarry,Angela <alrizarry@coab.us> Subject: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Angela -Thanks again for your agreement to a deferral/continuance of the July 8, 2021 hearing date for my client's case. Per your instructions, I am providing you with the following statement/request for the Special Magistrate in connection with same: On behalf of my client, Mr. Thomas Bourdon, I respectfully request adeferral/continuance of the Code Enforcement hearing scheduled for July 8, 2021, regarding the alleged violations of the City's Tree Protection Ordinance. As per my discussion with Ms Irizarry, I am unable to appear at the noticed hearing due to a scheduling conflict; namely, I have work-related commitments in South Florida this week that were scheduled back in April of this year, and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said, I have been working with City sntaff s eful th d -We Will be ble opfind a mutua ly issues alleged in the subject citation, and I rema p agreeable resolution of this matter in short order. If, however, those efforts prove unsuccessful, we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance for your consideration of this request. Respectfully, Karl J. Sanders Page 1 of 2 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:55:12 Eastern Daylight Time Subject: RE. Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Wednesday, July 28, 2021 at 2:48:59 PM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders CC: Irizarry,Angela Attachments: image002.jpg Hello Karl, Thanks for the update. We'll be on the lookout for information from the landscape architect. Please make sure you keep Angela on copy. I will be out of the office next week and don't want to slow up the process. Thanks- ... From: Karl 1. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, July 23, 2021 4:33 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report proposal from him in short order. Once have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always, I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! Besf regards, Karl Page 1 of 2 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:55:21 Eastern Daylight Time Subject: 342 19th Street Date: Tuesday, September 14, 2021 at 3:55:22 PM Eastern Daylight Time From. Askew, Amanda To: Karl J. Sanders CC: Irizarry,Angela, TOMBOURDON7@GMAIL.COM Attachments: 342 19th St - City's response to Sept. 1 submittal.pdf Good afternoon Karl, Attached you will find the city's official response to the materials submitted on Sept. 1St regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Pagelofl Composite 4 114-21 Minutes City of Atlantic Beach Community Development Dept. 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 www.coab.us CITY OF ATLANTIC BEACH Code Enforcement Case #21-987 Thomas Patrick Bourdon — 342 19th Street CITY'S RESPONSE TO Bourdon's September 1 Submittal To: I<arl Sanders, Esq., Counsel to Bourdon, via email 64! rom: Amanda L. Askew, Director of Planning and Community Developmenkhrough: Angela Irizarry, Code Enforcement Officer�� �� CC: Thomas Patrick Bourdon, via email The Honorable Suzanne Green, Special Magistrate, via email Date: September 14, 2021 The City hereby submits the following response to the correspondence and materials you sent to the City on September 1, 2021 (the "September 1 Materials"), regarding the tree code issues at 342 19th Street, owned by Thomas Patrick Bourdon. A copy of the two charts included in the September 1 Materials is attached to this Response. The September 1 Materials raise two distinct issues: first, whether the removal of the trees in August, 2020, can qualify for and fall within the scope of Section 163. 045(1), Florida Statutes based on the information included in the September 1 Materials; and second, whether and 'how many of the trees preserved on site qualify for mitigation credit under former Section 23-33(d) of the City's Code. [Note: Because Mr. Bourdon submitted a tree permit application prior to adoption of the new Tree Code. on July 12, 2021, the City's review is based on the former Tree Code that was in effect at the time of the permit application, All references to the City's Code are to the former version of the Tree Code.] Pre-emption Under Florida Statutes In regards to the first issue, the September 1 Materials do not meet the requirements contained in Section 163.045(1), F.S. That subsection provides: 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 an arborist certified by the International 1 Composite 4 11.4-21 Minutes Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. §163.045(1), F.S. The September 1 Materials do not constitute documentation from a licensed Florida landscape architect or a certified arborist. No license number or ISA certification number is included. There is no signature of the arborist/landscape architect and it is not dated, in addition, this referenced statute plainly requires that the property owner only qualifies for the pre-emption if the owner obtains documentation that a tree "presents" a danger to persons or property. In other words, the question is whether, at the time the tree was still standing, the tree was a danger to person or property. No statement that each of the removed trees constituted a danger to person or property prior to or at the time of removal from a landscape architect/arborist is included in the September 1 Materials. Moreover, because it is now over one year since the trees were removed, it is questionable whether such a statement is now even possible unless of course the landscape architect/arborist inspected the trees prior to removal. If that is not the case, the landscape architect/arborist's statement should include information explaining the method/basis/industry standards used to make the after -the -fact determination. However, the City does not waive its right to contest the legality of an after -the -fact determination. Finallythe September 1 Materials do not indicate how each removed tree meets the "danger to , person or property" factors. For example, in what way did Tree #1 as shown on Chart 41 present a danger to persons or to property? Blanket statements are insufficient. Preservation Credits In regards to the second issue raised in the September 1 Materials — namely, how many of the trees preserved on site qualify for mitigation credit under Section 23-33(d) of the City's former Tree Code — it is clear that the Code provision has been mis-interpreted in the September 1 Materials, as shown on Chart#2. Section 23-33(d) provides: Existing onsite trees that are three (3) inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if preserved onsite. This Code section only permits mitigation credit for trees preserved on site with a DBH of three inches or greater and which are neither protected under the Code or transplanted on site. Per Section 23-8 of the City's former Code, trees with a DBH of six (6) inches or more are regulated and thus protected under the Code. As a result, all but three trees shown on Chart #2 do not qualify for mitigation credits, Specifically, the City agrees that Tree ID #2 (5" Palm), Tree ID #30 (3.5" Sweetbay Magnolia) and Tree ID #31 (3.5" Sweetbay Magnolia) do qualify for mitigation credits, subject, however, to inspection by the City verifying the species, size and health of the three trees. 2 Composite 4 114-21 Minutes Conclusion Based on the reasons stated above, the September 1 Materials are insufficient, incomplete and inaccurate. As a result, and in on-going good faith negotiations with you, the City requests that you provide additional documentation to the City addressing the insufficiencies noted above, no later than October 1, 2021. This deadline will permit adequate time prior to the November Code Enforcement hearing for you and the Cityto determine whether a mutually acceptable resolution can be reached in this case. 3 Composite 4 Composite 4 on 01 h s' L�j EXHIBIT 0 TREE MITIGATION WORKSHEET r r gam, r.,, A " City of Atlantic Beach G A'i7 Community Development Department BOOSeminole Road Atlantic Beach, FL32233 PRESERVED TREE INVENTORY '!�.i // (P) 904247-5800 p List the species and diameter at breast height (dbh) of all trees identified on EXHIBFF B ID DBH SPECIES �X' X= "( p preserving replacing "0"— COMMENTS (for use by City Staff) 1 11" Palm 2 5" Palm 3 23" Oak 4 9.5" Sweetgum 5 10° Sweetgum 6 8" Sweetgum 7 845" Sweetgum p 8 9" Sweetgum 49 9 10" Sweetgum 10 7.5" Sweetgum 11 8" Sweetgum 12 11" Sweetgum 13 10" Sweetgum 14 10" Palm 15 12.5" Palm 16 14" Sweetgum 17 8" Sweetbay Magnolia 18 6" Sweetbay Magnolia 19 11" Palm 20 12,5" Palm 21 13" Palm 22 13" Sweetgum 0 23 12" Palm 24 10" Sweetgum 25 12" Palm 02 TREE REMOVAL - EXHIBITCTree Mlttgatlon Worksheet 03,01.2018 Composite 4 EXHIBIT G TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL32233 (P) 904-247-5800 List the species and diameter at breast height idbh) of all trees identified on EXHISff B 6V %#r z PRESERVED TREEINVF:NTIDRY PI14� ;)t ID DBH SPECIES removing preserving repladng COMMENTS (far use by Qty Staff) L � E E EsImommI .c E Edkemor y a� s c E E E E a E r�Eo of ° E E cOa CL Opt ( �°`��'-ineaa�OnmLnCL a�° �����ooia�,ivrc�im�������a�ir'�� i iV M P d' Ln iD r%% 014 0 M O ri N m It cP Ln tD n 00 Ol O .-I N rri N N N NNN M rn M m M M M m m m ti' d !t d a aai a a w QaJ aai aai a ai a as a a a� cu a°�i aai � aai ai t: m L L L L L G L L L L L L L V L L L L L L L L C) cuL L L E L E a� L a L 67 L i cu t E g aC a� G7 E C1 a R! z Ln e-1 `-' N �' - fV G. pro, � Q O ri 0 0 Ln ; a Lf!Q � O h 00 roi ri ri e -I rmi 00 1p a -i '-I ri 'tn N Q� ri o0 oG mr'{ O ri cV t'ti Oct LM LD (�00 a) O ri N K1 ii' Ln Lo r% 00 (:Y)ri ri ri a -i s -i a -i a -i r -i r 4 e -i N a a a a a a a a a a a a a a a a a a a a a a a a a a a a as a a a a a a a a a L L L ►� L L L L L L FL V L L L L L L F -L F- F- - F- F- F- F -F - Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:56:06 Eastern Daylight Time Subject: RE: Magistrates Order Date: Monday, October 4, 2021 at 3:31:23 PM Eastern Daylight Time From: Irizarry,Angela To: Karl J. Sanders CC: Askew, Amanda Attachments: image004.jpg, image006.jpg, CE 342 19th Street Case #21-087.pdf Good afternoon, The Magistrate prepares her own orders. Attached is a copy of the September Order. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Wednesday, September 29, 2021 5:00 PM To: Irizarry,Angela <alrizarry@coab.us> Cc: Askew, Amanda <aaskew@coab.us> Subject: Re: Magistrates Order Hey, Angela. I never received a reply to this email, so I thought I'd follow-up with a reminder email. i. Who prepares the draft Code Enforcement Orders for the Special Magistrate's review/signature? 2. Were draft Orders from Order from the Spe palrMagi tratelrega d ng he directives 3. is there a final (signed) concerning my client's matter at the last meeting? Thanks so much. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 � Office 561.386.1216 � Mobile From: Karl Sanders <kjsanders@Icjslawpa.com> Date: Thursday, September 9, 2021 at 6:12 PM To: Angela Irizarry <alrizarry_@coab.us> Cc: Amanda Askew <aasl<ew@coab.us> Subject; Re: Magistrates Order Angela — I just wanted to follow-up with Y° s lasthweek u I poke wphcAmandasregarding the order at the Code Enforcement proceeding Page 1 of 3 Composite 4 114-21 Minutes Thursday, November 4, 2021 at 11:56:15 Eastern Daylight Time Subject: RE: 34219th Street Date: Monday, October 18, 2021 at 1;05;04 PM Eastern Daylight Time From. Askew, Amanda To: Karl J. Sanders Attachments: image006.jpg, i11105e008.jp51 image010.jpg, ima0e011.jpg, image012.jpg Good morning Karl, As I mentioned staff and Commission can't make a settlement since this case is at the magistrate level. Commission is only able to hear an appeal of an administrative decision. At this point you can only appeal staff's interpretation of Chapter 23. This does not alleviate code enforcement. However, you can ask for a fine reduction during the special magistrate process. The special magistrate has entertained fine reductions in other cases. However, tree removal without mitigate irreparable tree removal. Staff can only approve the required replacement/mitigation or you must continue on the code enforcement route. Yo u From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Wednesday, October 6, 2021 6:22 PM To: Askew, Amanda Subject: Re: 342 19th Street Just touching base ...have you had an opportunity to speak with the City Manager regarding oU1 discussion late Monday afternoon? No worries if not, I completely understand how busy everyone is right nowl Just let me know if you/he have any questions for me or need additional information. Thanks again, and talk soon. Best regards, Karl Page 1 of 6 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:56:23 Eastern Daylight Time Subject: RE: 342 19th Street Date: Wednesday, October 20, 2021 at 11:02:35 AM Eastern Daylight Time From: Irizarry,Angela To: Askew, Amanda CC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, image004.jpg, image005.jpg Good Morning All, The Code Enforcement action on this case is still pending. Since the Magistrate has not imposed any fines yet in this case, there is nothing for the Magistrate to consider reducing. The amount of the mitigation due is not in her purview to reduce since it is set by code and is not discretionary. From: Askew, Amanda Sent: Monday, October 18, 2021 3:15 PM To: Irizarry,Angela <alrizarry@coab.us> Subject: FW: 342 19th Street Fyi-- .............. From: Askew, Amanda Sent: Monday, October 18, 2021 1:05 PM To:'Karl J. Sanders' Subject: RE: 342 19th Street Good morning Karl, As I mentioned staff and Commission can't make a settlement since this case is at the magistrate level. Commission is only able to hear an appeal of an administrative decision. At this point you can only appeal staff's interpretation of Chapter 23. This does not alleviate code enforcement. However, you can asl< for a fine reduction during the special magistrate process. The special magistrate has entertained fine reductions in other cases. However, tree removal without mitigate irreparable tree removal. Staff can only approve the required replacement/mitigation or you must continue on the code enforcement route. Yo u From Karl 1 Sanders mailto k�sanders@I<jslawpa comj Page 1 of 7 Composite 4 11-4-21 Minutes Thursday, November 4, 2021 at 11:58:44 Eastern Daylight Time Subject: RE: Registered Landscape Architect Declaration re: Tree Removal/Mitigation Issue at 342 19th St (Code Enforcement Case No. 21-087) Date: Monday, November 1, 2021 at 4:49:19 PM Eastern Daylight Time From: Askew, Amanda To: Karl 1. Sanders CC: Irizarry,Angela Attachments: image002.jpg Good afternoon I<arl, On October 25, 2021 we received the verified written declaration of Michael Miller, RLA. Upon review of the declaration staff needs further clarification. In #4 of Mr. Miller's declaration, who advised Mr. and Mrs. Bourdon "that 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"? Is this person a certified arborist or an RLA? Please provide written documentation of this advice. Itis our understanding that Mr. Miller did not observe the trees prior to removal. By what method or on what basis did Mr. Miller use in #10 of the declaration to opine that the hickory tree "presented a danger to his property due to its size and proximity to the home's foundation and roof...:'? It is our understanding that Mr. Miller did not observe the trees prior to removal. By what method or on what basis did Mr. Miller use in #11 of the declaration to opine that 14 of the trees removed 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"? From: Karl1. Sanders [mailto:kjsanders@kjslawpa.comJ Sent: Monday, October 25, 2021 5:01 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Registered Landscape Architect Declaration re: Tree Removal/Mitigation Issue at 342 19th St {Code Enforcement Case No. 21-0$7) Hey, Amanda. Nice speaking with you again today. As discussed, I've attached a copy of the Verified Written Declaration from the Registered Landscape Architect that my clients retained Page 1 of 2 Composite 5 11.4-21 Minutes CITY OF ATLANTIC BEACH LAND DEVELOPMENT CODE CHAPTER 24, CODE OF ORDINANCES Sec. 24-17. -Definitions. For purposes of this chapter, the following U1111 shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code, within Florida Statutes, or as established by state or federal agencies of government as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms used in this chapter, but not defined within this section shall have their common meaning. Note: The definitions set forth within this section establish the meaning of terms used throughout and, unless expressly defined otherwise in this Code of Ordinances, in other chapters of the city's Code of Ordinances, and are also instructive as to how these land development regulations are implemented as related to the use and limitations of lands within the city. Abandon shall mean to discontinue a use for more than a specified period of time. Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject property, or that is located immediately across any road or public right-of-way from the subject property. Access, point of, shall mean a paved driveway or other opening intended to provide vehicle or pedestrian access to or from a public or private right-of-way or from public or private premises including off- street parking areas. Access point shall mean a driveway or other opening for vehicles to enter from or exit to a right-of- way. An access point may include multiple ingress and egress lanes and a divider median provided that all features utilize the same apron. Accessory use, building, or structure shall mean a use, building, or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure. Accessory structures include, but are not limited to the following: sheds, unattached garages, swimming pools, docks, gazebos, satellite dishes, screen enclosures, rooftop solar panels, and garage apartments. Acre, gross, means forty-three thousand five hundred sixty (43,560) square feet. Addition shall mean an extension or increase in floor area or height of a building or structure. Adjacent shall mean next to or adjoining something else. Adjoining in the context of land shall mean a lot or parcel of land, when the lot or parcel share all or part of a common lot line. Adjoining in the context of structures shall mean two (2) or more structures sharing all or part of a common wall. Administrative variance shall mean a minor variance that may be granted by the planning and community development director in accordance with section 24-64. Administrator shall mean the City of Atlantic Beach city manager, or an administrative official of the City of Atlantic Beach government designated by the city manager. Adult care facility shall mean a facility licensed and operated in accordance with state and other standards as may be applicable, providing general supervisory care for five (5) or more adults. Adversely affected person, as used within this chapter, shall mean a person who is suffering or will suffer an adverse effect to an interest protected or furthered by these land development regulations or the City of Atlantic Beach comprehensive plan. The alleged adverse effect may be shared in common with other members of the community but must exceed in degree the general interest in community good shared by all persons in the community. 1 Composite 5 114-21 Minutes Atley shall mean aright -of - way providing a secondary means of access and service to abutting property. Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in electrical, plumbing, heating or air conditioning systems. Animal hospital. See "Veterinary clinic." Apartment house. See "Dwelling, multifamily." Applicant shall mean the title owner of record, or his authorized representative, of lands that are the subject of a request for a change in zoning classification, a use -by -exception, a variance, an appeal, a waiver, a plat, an administrative variance, or any development permit. Application of fertilizer means the actual physical deposit of fertilizer to turf or landscape plants, whether solid or liquid product is used. Applicatormeanssny person who applies fertilizer on turf and/or landscape plants in the City of Atlantic Beach. Appraised value shall mean the value to an improvement or property as determined by a certified appraiser. To determine the appraised value, the certified appraisal shall have been performed within the previous twelve (12) months. Arbor shall mean a landscape element designed solely to support vines, branches or landscape elements, and which does not contain any type of solid roof. Assessed value shall mean the value of an improvement or property as determined by the Duval County Property Appraiser in the manner provided by Florida law. Automatic irrigation system shall mean an artificial watering system with a programmable controller or timing mechanism designed to automatically transport and deliver water to plants. Automotive service, minor shall mean any facility that performs the limited, minor or routine servicing of motor vehicles or parts, but shall not include major automotive repair, and which contains no more than two (2) work bays. Automotive repair, major shall mean any facility that performs any type of automotive service or repair with more than two (2) work bays, or any facility that performs the rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles, regardless of the number of work bays. Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic beverages. Base flood elevation (BFE) shall mean the elevation shown on the FEMA flood insurance rate map for zones AE, AH, Al—A30, AR, AR/A, ARAE, AR/A1—A30, AR/AO, V1—V30, and VE that indicates the water surface elevation resulting from a flood that has a one -percent chance of equaling or exceeding that level in any given year. Best management practice (BMP) shall mean the methods that have been determined to be the most effective, practical and sound means to achieve an objective related to water supply, stormwater, vegetative, conservation or environmental resource management. Block includes tier or group and shall mean a group of lots existing with well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified. Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons and where no cooking equipment or dining facilities are provided in individual rooms. 2 Composite 5 114t,w21 Minutes Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved by the city commission wherever a bond is required by this chapter. (1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required improvements are installed prior to recording the plat, surety may be required to be posted in the amount of one hundred (100) percent of the original engineer's estimate of the cost of I mprovements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one (1) year from the date of any project's certificate of occupancy or completion. (2) Performance bond: When required improvements are installed after recording the plat, surety may be required to be posted in the amount of one hundred twenty-five (125) percent of the engineer's estimate of costs. Buffer shall mean the required treatment of areas between different classifications of uses or incompatible uses. Buffers may incorporate the combinations of landscaping, open space or fences. Buffering. See "Screening." Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with the provisions of this chapter and any other restrictions of city Code, applicable state or federal regulations or a recorded subdivision plat. Unless otherwise provided for within any such restriction, buildable area shall exclude building setbacks, utility and drainage easements, stormwater facilities, wetlands and lands seaward of the coastal construction control line. Building shall mean a structure designed or built for support, enclosure, shelter or protection of persons, animals or property of any kind. Building shall include any structure constructed or used for a residence, business, industry or other private or public purpose, including buildings that are accessory to such uses, provided such buildings are in compliance with the Florida Building Code. "Building" or "structure" includes parts thereof and these terms may be used interchangeably. Building permit shall mean any permit, which authorizes the commencement of construction or development in accordance with the construction plans or site plans approved by the city under the provisions of this chapter and other applicable federal, state and local regulations. Building, principal shall mean a building within which is conducted the principal use of the lot or property upon which the building is situated. Building setback shall mean the minimum required horizontal distance, where structures over thirty (30) inches are prohibited unless otherwise specified in this chapter, between the front, rear or side property lines of any lot and the nearest exterior front, rear or side wall of any building. When two (2) or more lots under single or unified ownership are developed as a single development parcel, the exterior lot lines of the combined parcel(s) shall be used to determine required building setbacks. Building setback and building restriction line may have the same meaning and may be used interchangeably where such lines are recorded on a final subdivision plat. Building restriction line (BRL) shall mean the line(s) extending across the front, sides and/or rear of a lot or the property, as depicted on a platted lot of record. Buildings shall be contained within building restriction lines. Building restriction lines, which may require a greater building setback than the minimum yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision plat approved and accepted by the city, shall be enforceable by the city. Capital improvement shall mean physical assets constructed or purchased to provide, improve, or replace a public facility or public infrastructure. The cost of a capital improvement is generally nonrecurring and may require multiyear budgeting and financing. For these land development regulations, physical assets which have been identified as existing or projected needs in the capital improvement element in the city's comprehensive plan shall be considered capital improvements. Car wash shall mean a facility used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing of automotive fuels. Any parcel containing a car wash shall be located a minimum of one hundred (100) feet 3 Composite 5 114-21 Minutes frOrn the lot line (measured from the parcel line to the nearest parcel line) of any parcel that I zoned and shall be treated as a vehicle use area requiring landscaping in accordance with article III, division 8 of this chapter, Cemetery shall mean land used or intended to be used for the burial of animal or human remains and dedicated for cemetery purposes and may include mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery. Certificate of occupancy or certificate of completion shall mean that certificate issued by the City of Atlantic Beach subsequent to final inspection by the building official verifying that all improvements have been completed in conformance with the requirements of this chapter, any final subdivision plat, and the approved construction plans and the Florida Building Code. Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written statement regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision said survey was prepared. Certified survey is inclusive of all types of surveys as may be required by these land development regulations. Change of use shall mean discontinuance of an existing use and the substitution of a different use as classified by these land development regulations. In the case of question regarding use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Child care means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours per day, on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is made for such care. Child care facility shall include child care centers, day nurseries, kindergartens, and any child care arrangement, other than a family day care home, which provides child care for more than five (5) children unrelated to the operator, and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. Childcare facilities shall be licensed and operated in accordance with all applicable requirements of the Florida Department of Children and Families and section 24-152 of this chapter. This definition shall not include family day care home. Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship. City shall mean the City of Atlantic Beach. Clinic shall mean an establishment where patients, who are not kept overnight, are admitt ed for examination and treatment by one (1 }person or a group of persons practicing any form of healing or health services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any such profession, the practice of which is lawful in the State of Florida. Club shall mean a privately -owned establishment owned and operated by a corporation or association of persons for social or recreational purposes and typically requires a membership. Coastal construction control line (CCCL) shall mean the line as determined by the Florida Department of Environmental Protection (FDEP) and regulated under authority of the Beach and Shore Preservation Act, Chapter 161, Florida Statutes, which is administered by the FDEP. Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida. Code enforcement officer, official or inspector means any designated employee or agent of the City of Atlantic Beach whose duty it is to enforce codes and ordinances enacted by the City of Atlantic Beach. Commercial corridor means the lands extending a depth of one hundred (100) feet outward from the outer boundaries of the rights-of-way along Mayport Road and Atlantic Boulevard, including any parcels which are partially within said one hundred (100) feet. Composite 5 11-421 Minutes Commercial fertilirer applicator, except as provided in F.S. § 4821562(9), means any person who appiles fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator, Communication tower means a tower which supports communication equipment (such as radio, tv or telecommunications for either transmission or receiving). The term "communication tower`' shall not include amateur radio operators' equipment, including citizen's and (CB), VHF and UHF aircraft/maidne, and other similar operators. Design examples of communication towers are described as follows' (i) self-supporting lattice; (ii) guyed; and (iii) monopole, Community center shall mean a facility available for public use, which may be used for recreation wilvities, meetings and social gatherings, and also for government, cultural, civic or similar type activities, Compatibility shall mean a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or Indirectly by another use or condition. Comprehensive plan shall mean the local government comprehensive plan, which Is adopted by the city commission pursuant to the Community Planning Act pursuant to Chapter 163, Florida Statutes, and which serves as the legal guideline forthe future development of the city. Pursuant to F.S. § 163.3194(1)(b), in the case of any Inconsistency between the provisions of this chapter and the comprehensive plan, the comprehensive plan shall prevail Construction plans shall mean the construction and engineering drawings, specifications, tests and data necessary to show plans for construction of the proposed improvements to land and shall be In sufficient detail to permit evaluation of the proposals and to determine compliance with the Florida Building Code and city's Code of Ordinances. Convenience store shall mean an establishment of no less than two thousand (2,000) square feet and no more than five thousand (5,000) square feet of conditioned space used for the retail sale of consumable goods and may include sit-down restaurant areas. Corner lot. See "Lot, corner." Covenants shall mean various forms of agreements and deed restrictions recorded in the public records that restrict the use of property. Cul de -sac shall mean a street terminated at the end in a vehicular turnaround. Density shall mean an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre. Density shall Include number of residential dwelling units permitted per acre of land, or portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers, jurisdictional wetlands and lands seaward of the coastal construction control line. Developershall mean any person, including a governmental agency, undertaking any development as defined in this section. Deve/opmentand redevelopment shall mean the fallowing, generally In accordance with F.B. § 380.04: (a) Development means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land Into three (3) or more parcels. (b) The following activities or uses shall be taken for the purposes of this chapter to Involve development, as defined In this section: (1) A reconstruction, alteration of the size or material change in the external appearance of a structure on land. (2) A change In the intensity of use of land, such as an increase In the numher of dwelling units in a structure or on land or a material increase In the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land. 5 Composite 5 114-21 Minutes (3) Alteration of a shore or bank of a seacoast, Ovor, stream, lake, pond or canal, including any coastal construction, as defined in F.S. § 16'1.021, (4) Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel of land, (5) Demolition of a structure, (6) Clearing of land as an adjunct of construction, (7) Deposit of refuse, solid or liquid w on arcel of land. (c) The following operations or uses s all not retaken r the purposes of this chapter to involve development as defined In this section. ' ---- (1) Work by highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right- of -way, (2) Work by a utility andior other person engaged in the distribution or transmission of gas or water, for the purpose of Inspecting, repairing, renewing or construction on established rights-of-way, any sewers, mains, pipes, cahles, utility tunnels, power lines, towers, poles, tracks or the Ilke. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. (3) Work for maintenance, renewal, Improvement or alteration of any structure, if the work affects only the Interior or the color of the structure or the decoration of the exterior of the structure. (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. (5) A change in the ownership or form of ownership of any parcel or structure.. (6) The creation or termination of rrights of access, riparian rights, easements, covenants concerning development of land or other rights In land. Development order shall mean any order granting, denying, or granting with conditions an application for a development permit. Development parcel, or development site (see also definition for single development parcel) shall mean the contiguous or adjacent lands, lots or parcels for which a unified development projert Is proposed. in the case where more than one (1) parcel, platted lot or lot of record has been combined and developed as a single development parcel, such lots shall not later be developed as single lots (see section 24-84), unless all requirements for development as single lots shall be met including, but not limited to, lot area, lot width, impervious surface area limitations, and provision of all required yards for all structures, The construction of a fence does not constitute the creation of single lots. Development permit shall include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of the city having the effect of permitting the development of land. District shall mean zoning district classifications as established by the official zoning map and as set forth within division 5 of this chapter. V Divislon shall mean the division of hotels and restaurants of the State of Florida Department of ft Business and Professional Regulation. Drainage, where appropriate, shall include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins, cross drains and canals. Dual rear wheel vehicle shall moan a motor truck, trailer, semitrailer or tractorltrailer combination with •`( a load capacity in excess of two (2) tons, used for commercial/private use and used as a means of transporting persons or property over the public street of the city and propelled by power other than V� 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I D A .jLLED CSIHB 1159 Composite 6 11.4.21 Minutes 4 (�P R E P R E S E N T A T I V E An act relating to private property rights; cre 2019 Legislature s. 163.045, F.S.; �rohibitinq local governments from requiring notices, applications, approvals, permits, foAq_ nr m;tlaation for the pruning, trimming, or removal of trees on residential property if_a�pert� owner obtains specified documentation; prohibiting local governments from requiring property owners to replant such trees; providing an exception for mangrove protection actions; amending s. 163.3209, .S., deleting deleting a provision that authorizes electric utilities to perform certain right-of-way tree maintenance only if a property owner has received local government approval; creating s. 70.002, F.S.; creating a Property Owner Bill of Rights; requiring county property appraisers to provide specified I on their websites; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 163.045, Florida Statutes, is created to read: 163.045 Tree pruning, trimming, or removal on residential property.— Page 1 of 6 CODING; Words st�+si�eR are deletions; words underlined are addit ions. hb1159-02-er S Composite 6 11-4-21 Minutes F L O R I D A N O U S= O F R E P R E S E N T A T I V E S ENROLLED CSIHB 1159 2019 Legislature 26 (1) A local government may not require a notice, 27 application, approval, permit, fee, or mitigation for the 28 pruning, trimming, or removal of a tree on residential property 29 if the property owner obtains documentation from an arborist 30 certified by the International Society of Arboriculture or a 31 Florida licensed landscape architect that the tree presents.a 32 danger to persons or property. 33 (2) A local government may not require a property owner to 34 replant a tree that was pruned, trimmed, or removed in 35 accordance with this section. 36 (3) This section does not apply to the exercise of 37 specifically delegated authority for mangrove protection 38 pursuant to ss. 403.9321-403.9333. 39 Section 2. Section 163.3209, Florida Statutes, is amended 40 to read. 41 163.3209 Electric transmission and distribution line 42 right-of-way maintenance.—After a right-of-way for any electric 43 transmission or distribution line has been established and 44 constructed, no local government shall require or apply any 45 permits or other approvals or code provisions for or related to 46 vegetation maintenance and tree pruning or trimming within the 47 established right-of-way. The term "vegetation maintenance and 48 tree pruning or trimming" means the mowing of vegetation within 49 the right-of-way, removal of trees or brush within the right -of - 50 way, and selective removal of tree branches that extend within Page 2 of 6 CODING; Words nfr% are deletions; words underlined are additions. hb1159-02-er ENROLLED CSIHB 1159 Composite 6 11.4.21 Minutes H O U S E O F R E P R E S E N T A T I V E S 2019 Legislature 51 the right-of-way. The provisions of this section do not include 52 the removal of trees outside the right-of-way, which may be 53 allowed in compliance with applicable local ordinances. Prior to 54 conducting scheduled routine vegetation maintenance and tree 55 pruning or trimming activities within an established right -of- 56 way, the utility shall provide the official designated by the with a minimum of 5 business days' advance 57 local government 58 notice. Such advance notice is not required for vegetation 59 maintenance and tree pruning or trimmingequired to restore r 60 electric service or to avoid an inmminent vegetation 61 61 outage or when performed at the request of the property has 62 adjacent to the right -of 'way, �a Upon the request of 63 apffr��I� 64 the local government, the electric utility shall meet with the government to discuss and submit the utility's vegetation 65 local 66 maintenance plan, including the utility's trimming ifications and maintenance practices. Vegetation maintenance 67 spec 68 and tree pruning or trimming conducted by utilities shall 2001 pruning standards and ANSI 69 conform to ANSI A300 (Part I)— p and Removing Trees, 70 2133.1-2000 Pruning, Repairing, Maintaining, 71 and Cutting Brush—Safety Requirements. Vegetation maintenance 72 and tree pruning or tries must be trimming conducted by utiliti 73 supervised by qualified electric utility personnel or licensed ined to conduct vegetation maintenance and tree 74 contractors tra 75 trimming or pruning consistent with this section or by Certified Page 3 of 6 COQING; Words stfislEe� are deletions; words underlin_e_d are additions. hb1159-02-er Composite 6 11-4-21 Minutes F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CSIHB 1159 2019 Legislature 76 Arborists certified by the Certification Program of the 77 International Society of Arboriculture. A local government shall 78 not adopt an ordinance or land development regulation that 79 requires the planting of a tree or other vegetation that will 80 achieve a height greater than 14 feet in an established electric 81 utility right-of-way or intrude from the side closer than the 82 clearance distance specified in Table 2 of ANSI 2133.1-2000 for 83 lines affected by the North American Electric Reliability 84 Council Standard, FAC 003.1 requirement R1.2. This section does 85 not supersede or nullify the terms of specific franchise 86 agreements between an electric utility and a local government 87 and shall not be construed to limit a local government's 88 franchising authority. This section does not supersede local 89 government ordinances or regulations governing planting, 90 pruning, trimming, or removal of specimen trees or historical 91 trees, as defined in a local government's ordinances or 92 regulations, or trees within designated canopied protection 93 areas. This section shall not apply if a local government 94 develops, with input from the utility, and the local government 95 adopts, a written plan specifically for vegetation maintenance, 96 tree pruning, tree removal, and tree trimming by the utility 97 within the local government's established rights-of-way and the t 98 plan is not inconsistent with the minimum requirements of the 99 National Electrical Safety Code as adopted by the Public Service 100 Commission; provided, however, such a plan shall not require the Page 4 of 6 CODING: Words stfisken are deletions; words underlined are additions. hb1159-02-er Composite 6 11.4.21 Minutes F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 ENROLLED 2019 Legislature CS/H8 1159 planting of a tree or other vegetation that will achieve a height greater than 14 feet in an established electric right-of- way. Vegetation maintenance costs shall be considered recoverable costs. Section 3. Section 70.002, Florida Statutes, is created to read: 70.002 Property annraiser office shall provide on its website a P nwnPr Bill of Rights_. -Each county propert Ft;ll of Rights. The certaI n exist r I V P. erty Owner urpose of the bill of rights is to identify is afforded to property owners but is not a ode. The Pro rty Owner. Bill of hts does not create a civil cause of action. The Property Owner Bill of Rlahts must state: This Bill of R� PROPERTY OWNER BILL OF RIGHTS is does not represent all of your rights under Florida law re ardin our ro erty and should not be viewed as a comprehensive guide to propert rights. This document does not create a civil cause of action and neither expands nor limits an rights or remedies provided under any other law. This document does not replace the need to seek legal advice in matters relating to property law. Laws relating to your rights are found in the State Constitution, Florida Statutes, local ordinances, and court decisions Your rights and protections Page 5 of 6 CODING: Words s�risiEe� are deletions; words underlined are additions. hb1159-02-er Composite 6 11-4-21 Minutes F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 126 127 128 129 130 131 132 133 134 135 136 1371 1381 ENROLLED CSIHB 1159 1 2019 Legislature include: 1 The right to acquire, possess, and protect your property. 2a The right to use and enjoy your property. 3 The right to exclude others from your property. 4 The right to dispose of your property. 5. The right to due process. 6 The right to just compensation for property taken for a public purpose. 7 The right to relief, or payment of compensation, when_a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property. Section 4. This act shall take effect July 1, 2019. Page 6 of 6 CODING: Words ste+� are deletions; words underlined are additions. hb1159-02-er Composite 6 11.4.21 Minutes Select Year. j 2020 v i (_ Go The 2020 Florida Statutes Title Xl COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter 163 INTERGOVERNMENTAL View Entire Chaer RELATIONS ptPROGRAMS � 163.045 Tree pruning, tri al on residential property.— lication, approval, permit, fee, or mitigation for the ` (1) A local government ma not require aZen tice, pp pruning, trimming, or removal o a tial property if the property owner obtains documentation from 1 ___L:r:. A k„ +,ho inrAmarinnal Societv of Arboriculture or a Florida licensed landscape architec_ t that the��t tree presents a danger to persons or rope . (2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section. (3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333. History.—s. 1, ch. 2019-155. Copyright ©1995-2021 The Florida Legislature •Privacy Statement _ Contact Us • r Composite 6 11.4.21 Minutes The Florida House of Represenitatives Or'r1::e Of the' SD�tIL-�r 1VIJEAViL TM To: Licensed Professionals From: Jose R. Oliva, Speaker Florida House of Representatives Date$ January 10, 2020 Re: Private Property Rights, Chapter 2019-155, Laws of Florida AsY ou serve your clients, you may have encountered local government standing in you' wa or tlu•eatening sanctions or even levying fines for simply doing what you know, in your tr nian n experience, to be the correct thing to do. Those days are over. Please take note of legislation passed in the 20 l9 session and signed into lav by Gove DeSantis, CS/HB 1159 prohibits a local government from requiring a notice, applical approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on property when an arborist or landscape architect documents that the tree presents a da persons or property. Recently, I reached out to local officials to urge them to review any local ordinances limit property owners' ability to remove or prune trees. I also advised them that cont enforcement of such regulations may constitute illegal restrictions. If you are aware of specific cases .of local government actions restricting the free exer 'jse c ffiWe wi be property owners' rights as specified in CS/HB 1159, please contact our oce. i to try to assist you in resolving any instance of illegal enforcement. Thank you for your attention to this important issue. 420 The Capitol, 402 South tutonme Street, TALLAHASSEE, FL 32399.1300 Composite 7 11.4.21 Minutes The urndersigned Declarant, Michael Miller, hereby states the fallowing: 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 ro les 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 ASU\ 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 It family's new home at 34219th 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 singie4amily 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 a total of twenty (20) trees from his property; the remaining 42 trees located remove on the property were preserved onsite and arc 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 u is attached hereto as Composite Exhibit "A" and incorporated by reference herein, Composite 7 114-21 Minutes 6. On or about August 10, 2020, Mr. Bourdon was contacted by an employee of ttte City of Atlantic Beach and advised that the City's local regulations required him to secure an after4he4act 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, !n 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, approual, permit, fee or mitigalion 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, 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 bath 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 0l 3 Composite 7 11.4-21 Minutes 13. For all the reasons set forth herein, it is my professional opiniart 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 dealers that I have read the foregoing recitals and the facts stated in it are true, Executed on this 21st day ofi Qctaber, 2021. ICFIAEL MILL R, RLA Page 3 of Composite 7 114-21 Minutes City 01` Etlantic cach Community Development Department 800 Seminole Road Atlantic Beach, Flonda 3223M445 Phone: (904) 247-5826 I?aa: (904) 247-5845 Email: Building-Dept@coab.us Pcrmitt TF��Ia20-0034 Applieaut: °Fitomas Bourdon Address: Site Address: 342 196 Street Pitanc: REU; Email: TREE RE' MOVAL CALCULATIONS RE�10V1sI) Legacy (nan-nakl Legacy (oakl Oaks Palms Others fiat.�l Protected Trees Removed: 24- 0 0 130 72 226 Mitigation Needed: 24 0 0 130 72 226 Trees Removed: 24flIlickery; 8", 9", 11", 2-14", I61k, f tees; 8", 9", 8+ 10", 3-1 1" Palms MITIGATION Legacy (rnn•oak) Legacy (vas) Oaks Palms Others Total C redit for Trees Preserved, 0 0 0 CI 0 Credit for Trees Relocated; Cl 0 t> 0 0 0 Credit for Trees Planted, 0 0 0 0 0 0 Total: 0 0 0 f) 0 0 Trees Preserved, Anne for credit Ctrecs 3"-S" diameter) , Trees Relaculed.Mone fnr creddit. Trees Planted: None for credit. *Planted Legacy Tree species receive DOUBLE credit when replacing nowLegacy Trus. The Legacy Tree list includes Bald Cyhiess; Southern and Eastern Red C:cdars: Winged and Florida Bl�tist Live and Sand Live Oaks; Hickory; Pecsan' Pignut Hickory; Loblolly Bay; Southern and Swaeetbay Magnolias; fed and Florida Maples; itnd Tupelo. ADDITIONAL 1ijII'TIGATION REQUIRED (iviitigadon Needed _- Total) Legacy (nowoakl Legacy to k1 ()ales Palms Others 'i'ntal A:etwTtces i'lanted: 0 0 0 0 0 226 or Payment Into Tree Fund' : S0100 $0.00 $0,00 50.00 $0.00 S331448M or A Combination of the Above" °At least 500/0 of tniagation must be onsite, Additional Notes: Mikigakion is i inch preserved or i?latnterT for curry 2 inches romoved. Tree Fund rate. is $149.0 0 per inch. Status is in accorcfattae wvith khe t:aty of`Attantic 13cacit wde ui'ordinr�nces in effect at the time of application submitftrl, API'itUl°F 1) [� L)FNIEi) TPO ri1�?�lITd1S'1'RA`I'C)R T1A'I'F Composite 7 114-21 Minutes EXHIBIT C. TREE MITIGATION WORKSHEET City of Atlantic Beach �- Community Development Department TFLJRINTERNALDFFlCEUSEONLY u U 800 Seminole Road Atlantic Beach, FL 32233 5r=, - ��r-rjt (P) 904-247-5800 #.�_� ' }� �w JPERMIT List the species and diameter at breast height (dbh) of all trees Identified on EXHIBIT B ��� l ��� ' � ID DB'ri SPECIES COMMENDS removing preserving replacing 1 10" Palm 41 + "LegacyTree' (sec. 23-33(0(2)(c).AB Ord. Code) 2 24" Hickory _ 3 11" Tree 4 16" Tree 0 5 11" Palm 0 G 10" Palm ..10 7_ 10Palm __. 8 100; Palm 0 9 9" Palm @ 10 11" Palm 0 11 0° Tree 12 10" Palm O 11" Palm �► 10"Palm r15 10" Palm 16 8" Palm 17 14" Tree 0 18 8" Tree 0 14 14" Tree 20 10" Palm Total 266rr D8H 02 TREE REMOVAL -EXH18174C: Tree Mltigoti0o Worksheet 03,01.2018 2' E Ea a t CL a. a. M !-- d- ri ca ri C1 O is o a c i a, H c i as w no r -i N c-1 r -i r -i r-1 r -i c -i al��' r—i N m �1' tI1 lL7 C`� OU tT1 O rl N m d' tJ'1 lq C^~ i?� O"1 v -i r -i r -i ri ri r -i r•i t -i r°I r# N 4 i Composite 7 114-21 Minutes EAtiICil l C: 7'itFia 7iTiC 1 TIt N WC)INI<jII C T City of Atlantic Beach COMPOSITE EXHIBIT "Bit Conlinunity Develcipment Gepartrnent 800 Seminole Road Atlantic Beach, FL 32233 ( )) 904-247-5800 List the species and diameter at breast hel�llt (dbh) of ail trees Identified on EXNIkIiT B RGA Inventory of Exempt Trees per Section 163.045, Fla. Stat. ID _ 1 _ t12TlfEi: REMOVAL -EXHIEttTtaTree Mitigation Worksheet 03"Cr1.2018 DEH . 10"� SPECIES---- � _n,_..n Palm Removed Trees ..W. — _EXEMPT TREES — COMMENTS Tree presented danger to personslproparty _r at lime of removal —._ Tree presented danger to peisons/prop erty 2 ° 24 Hickory Y * at times of removal Tree presented danger to persons/property 3 1 T" Tree at time of removal Tree presented danger to peraonaJproperty A 1 R" Tree at Vine of removal Tree presented danger to persons/property Palm * at time of removal Tree presented danger to personslproperty 6 10" Palm at time of removal 7 10" Palm presenteddanger to persons/property 8 10 " Palm at d Tree presented danger to personslproperty 9 9" Palin * at time of removal Tree presented danger to person stpropettY 1 fi 11 " Palm at time of removal 11 9" Tree 12 10'" Palm 13 11" Palm � presenteddanger to personstproperty 14 10 Palm aTree t time removal 15 10" Palmi +� Tree presented danger to per sonslpropertY 16 $"' Palm at time of removal presentedTree danger to parsonstproporty 17 14" Tree at time ofema al presented danger to personslproperty 1 A $"' TreeTree at time of removal Tree presented danger to personslproperty 19 14" Tree pp at time of retrieval __ - _-._ . __ w.___ _.__ _ �- Tree presented danger to persons/property 20 10" Palm p at Ume of removal Total 081-# base d on the 6 removed trees that did not Total ota50 quality as Exempl Tyees, per Sec, %1045, Fla. 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I"REI: MI T'IGA'T'I(N WC)RKSI EET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-2.47-5800 List the spec(ec and diameter at bre�st height {dbh} of all trees letentitied on EYH1817 B PRESERVED TREE INVENTORY 02 f11EE REMOVAL • L7CN161fCcTreeMltlgatian Worksheet p3.01, �RTREESEo ID DBH SPECIES COMMENTS 1 11 Palm 2 5" Palm 3 23" (oak 4 g.a'" Sweetgum 5 10" sweetgum 6 B" Sweetgum 0 7 B.5" Sweetgum • B 9'° sweetyurn 0 9 10" Sweetgum 0 14 7,5" Sweetgum 11 8" Sweetgum 12 11" Sweetgum 13 10" Sweetgum 14 10" Palm — 15 12.5" Palm 16 14" Sweetgum 0 17 8" Sweetbay Magnolia 18 B" Sweetbay Magnolia 19 11" Palm 202 12.5" Palm +� 21 13" Palm 22 13" Sweetgum 23 12" Palm► 24 10" sweetgum 25 12u Palm 2018 Composite 7 114-21 Minutes EXHlB1I' C:'FJ1EE MITtGATION WORKSHEET City of Atlantic Beach } Community I7evPlnpmPnt 0Ppartt ent – — — – ' 800 Seminole Read Atlantic Beach, FL 32233 Al,PRESERVED TREE INVENTORY JAvl (p) 904-247-5$00 List the species and diameter at breast height {dbh} of all trees identified on EXHIBIT B PRESERVED �� SPECIES COMMENTS TREES 26 11" Palm i 27 8" sweetgum 28 6" Oak 29 9" Palm O 30 15" Sweetbay Magnolia S 31 3.5" Sweetbay Magnolia O 32 1211 Palm 0 33 12" Palm 34 121" Palm 35 13`" Oak 36 ill, Palm 0 11,5"" Palm 0 38 F3937 121" Palm 9.50 Palm ! 40 12.5" Palm 41 11'" Palm 42 1i'" Palm Total 4334" Dart 02 TREE REMOVAL - EXHIBIT C: Tree Mitigation WorRst et 03,0L2018 Composite 8 11-4-21 Minutes City of Atlantic Beach Community Development Dept. 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 www.coab.us CITY OF ATLANTIC BEACH Code Enforcement Case #21-987 Thomas Patrick Bourdon — 342 19th Street CITY'S RESPONSE TO Bourdon's September 1 Submittal To: Karl Sanders, Esq., Counsel to Bourdon, via email n / From: Amanda L. Askew, Director of Planning and Community Development( p 4 Through: Angela Irizarry, Code Enforcement Officer lVJ"" CC: Thomas Patrick Bourdon, via email The Honorable Suzanne Green, Special Magistrate, via email Date: September 14, 2021 The City hereby submits the following response to the correspondence and materials you sent to the City on September 1, 2021 (the "September 1 Materials"), regarding the tree code Issues at 342 19th Street, owned by Thomas Patrick Bourdon. A copy of the two charts included in the September 1 Materials is attached to this Response. The September 1 Materials raise two distinct issues: first, whether the removal of the trees in August, 2020, can qualify for and fall within the scope of Section 163. 045(1), Florida Statutes based on the information included in the September 1 Materials; and second, whether and how many of the trees preserved on site qualify for mitigation credit under former Section 23-33(d) of the City's Code. [Note: Because Mr. Bourdon submitted a tree permit application prior to adoption of the new Tree Code on July 12, 2021, the City's review is based on the former Tree Code that was in effect at the time of the permit application. All references to the City's Code are to the former version of the Tree Code.] Pre-emption Under Florida Statutes In regards to the first issue, the September 1 Materials do not meet the requirements contained in Section 163.045(1), F.S. That subsection provides: 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 an arborist certified by the International 1 Composite 8 11-4-21 Minutes Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. §163.045(1), F.S. The September 1 Materials do not constitute documentation front a licensed Florida landscape architect ora certified arborist. No license number or ISA certification number is included. There is no signature of the arborist/landscape architect and It is not dated. in addition, this referenced statute plainly requires that the property owner only qualifies for the preemption If the owner oRains documentation that a tree "presents" a danger to persons or property. In other words, the question Is whether, at the time the tree was still standing, the tree was a clanger to person or property. No statement that each of the removed trees constituted a danger to person or property prior to or at tIte- 11*-ef!emoval from a landscape architect/arborist is Included in the September 1 Materials. Moreover, because it is now over one year since the trees were removed, itis questionable whether such a statement is now even possible unless of course the landscape architect/arborist inspected the trees prior to removal, if that is not the case, the landscape architect/arb❑rises statement should Include information explaining the method/basis/industry standards used to make the after-the4act determination. However, the City does not waive its right to contest the legality of an afterwthefact determination. Finally, the September 1 Materials do not indicate how each removed tree meets the "danger to person or property" factors. For example, in what way did Tree #1 as shown on Chart t11 present a danger to persons or to property? hlanicet statements are insufficient. Rreservatlo Credits in regards to the second issue raises) in the SpptemUer 1 Materials —namely, how many of the trees preserved on site qualify for mitigation credit under Section 2333(d) of the Gity's former Tree Code — it is clear that the Code provision has been mis-interpreted in the September Z Materials, as shown on Chart 112. Section 23-33(d) provides. Existing onsite trees that are three ( 3) inches !7[3H or greater and which are neifiher protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated In this section, if preserved onsite. This Code seetbn only permits mitigation credit for trees preserved on site with a O f3M of three inches or greater and which are neither protected under the Gode or transplanted on site. Per Section 23-5 of the City's former Code, trees with a pBH of six (6) inches or more are regulated and thus protected under the Code. As a result, all but three trees shown on Chart #2 do not qualify for mitigation credits. Specifically, the City agrees that Tree ID 0 (5" Palm), Tree ID #30 (35" Sweetbay Magnolia) and Tree ID 113:1 (3.5" Sweetbay Magnolia) do qualify for mitigation credits, subject, however, to inspection by the city verifying the species, size and health of the three trees. Composite 8 11-4-21 Minutes Conclusion Based on the reasons stated above, the September 1 Materials are insufficient, Incomplete and inaccurate. As a result, and in on-going good faith negotiations with you, the City requests that you provide additional documentation to the City addressing the insufficiencies noted above, no later than October 1, 2021. This deadline will permit adequate time prior to the November Code Enforcement hearing for you and the Cityto determine whether a mutually acceptable resolution can be reached in this case. 3