Item 5AAGENDA ITEM # SA
OCTOBER 8, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Summary of Tree Conservation Board workshop
SUBMITTED BY: Sonya Doerr, Community Development Director ~~
Erika Hall, Staff Planner and Tree Board Liaison
DATE: September 28, 2007
BACKGROUND: At the Commission's September 17th workshop, Commissioner Fletcher proposed
revisions that he wished to have made to the tree ordinance. The Commission discussed this and suggested
that the Tree Board should be consulted regarding revisions to the tree ordinance. The Tree Board and staff
convened a workshop on September 27th for this purpose. Discussion focused on the following:
• The effectiveness of the existing ordinance in protecting trees in the City and providing for long-
term maintenance of tree canopy. The general consensus was that, while there are some minor fixes
needed, the current tree regulations work pretty well, and that they do not need a complete re-write, but
certainly need to be updated and simplified to be more user-friendly.
• The importance of providing education and information to the community. The Tree Board
strongly emphasized the importance of education including both technical assistance and information
that reinforces and strengthens public awareness of the value of tree preservation to this community.
The Tree Board had some very good ideas related to this matter, including making an arborist available
several times a year during a series of workshops and possibly forming a Master Gardener group.
• What kinds of assistance the City could provide to residents with various tree protection and
landscaping issues, including the most effective ways to use tree mitigation funds. The Board
discussed various items where the use of tree mitigation funds might be expanded, including education
and assistance to low-income property owners.
• What needs to be revised and updated to improve the existing tree ordinance. The Tree Board
discussed each of Commissioner Fletcher's seven recommended changes, and felt that several had
merit, but recognized that others had major implications and that such significant changes would need
careful study and that public participation would be needed.
• What could be done to make the tree permitting process more efficient. The Board endorsed
shying approval of the simple "black-and-white" applications for single family residential lots, where
a permit request fully complies with the ordinance to an administrative function. The Board recognized
that the parameters and procedures for such administrative approvals would require careful effort.
• What is the appropriate process would be for making revisions to the tree ordinance. The Board
endorsed involving the community, getting some further technical expertise and proceeding through a
series of workshops and public meetings as is the customary process for making significant revisions to
any Land Development Regulations.
BUDGET: No budget issues at this time.
RECOMMENDATION: Commence with process to evaluate needed changes to Chapter 23
involving input from the Tree Conservation Board, the public and seeking professional expertise as
may be needed.
ATTACHMENT: Draft minutes of the
27th Tree Conservation Board Workshop.
REVIEWED BY CITY MANA
October 8, 2007 regular meeting
AGENDA ITEM # SA
OCTOBER 8, 2007
Minutes of the Tree Conservation Board Workshop -September 27, 2007
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ATLANTIC BEACH TREE CONSERVATION BOARD
800 Seminole Road, Atlantic Beach, Florida 32233
(904) 247-5800 phone (904) 247-5845 fax
www.coab.us
WORKSHOP MINUTES
September 27, 2007
A workshop of the Tree Conservation Board was called to order at 6:1 S p.m. on
Thursday, September 27, 2007 in the Adele Grage Cultural Center, by presiding
Chairperson Maureen Shaughnessy. The meeting was adjourned at 8:20 p.m.
PRESENT
Board Members Stephanie Catania, Jim McCue, Brea Paul, Maureen Shaughnessy and
Carole Varney; Staff Planner/Liaison Erika Hall and Community Development Director
Sonya Doerr.
RECOGNITION OF VISITORS
Two Atlantic Beach Residents, Craig Sealy and Kirk Hansen, were present and
participated in discussion of the evening's topic.
BACKGROUND
The City of Atlantic Beach Tree Ordinance has had low priority at Strategic Planning
sessions for the last few years due to a number of other large and pressing issues. There
have been several minor administrative revisions, and there has been occasional talk of
major revisions. However, the Tree Conservation Board has not invested a great deal
into research or made any recommendations because the board understood that it was not
the time to do so.
Commissioner Jamie Fletcher requested that City Clerk Donna Bussey forward an email
regarding updates to the tree ordinance to the Mayor and fellow commissioners, as well
as the board, the City Manager, the City Attorney, and Community Development staff.
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AGENDA ITEM # SA
OCTOBER 8, 2007
Minutes of the Tree Conservation Board Workshop -September 27, 2007
In tai "~In~il, Commissioner Fletcher outlined seven specific revisions to the tree
ordl an~~tehed to be discussed at the upcoming workshop.
At that City Commission workshop, held on September 17, 2007, Commissioner Fletcher
polled his fellow commissioners as to their stand on the existing tree ordinance and asked
them to support his recommendations. While all commissioners acknowledge that there
are issues needing to be addressed, the general consensus was against supporting
Commissioner Fletcher's very narrow and specific recommendations. Additionally, it
became evident that neither staff nor members of the Tree Conservation Board had been
consulted in the formulation of those recommendations. As a result, Mayor Wolfson
invited members of the Tree Conservation Board and staff to begin an investigative
process that might include review of Commissioner Fletcher's recommendations, and
perhaps a comprehensive study of the tree ordinance, in light of issues experienced in the
administration and enforcement, supplemented by public participation. Other
commissioners echoed the need to craft an ordinance, whether it be through revisions or
total re-write, that was sensitive to Atlantic Beach's unique character, and the goals and
desires of the community.
Thus, staff conferred with the Tree Board after the workshop and, because there was no
new business to attend for the next week, the regular meeting of September 26 was
cancelled and a workshop was set for September 27. Due to pre-election events, public
attendance was slim, with only two attendees besides the full Tree Board, Planner/Liaison
Erika Hall and Community Development Director Sonya Doerr. However, the session
was productive.
WORKSHOP DISCUSSION
The board first briefly discussed issues that are inhibiting successful administration and
enforcement of the tree ordinance. Namely, complexity of the language of the existing
ordinance, and length/complexity of the application and review process, were at the
forefront of this discussion. All present concurred that much could be done to clarify the
language so that it is simple, direct and more easily understood by citizens. There was
also consensus by board members that they would prefer to have staff review and issue
permits "over-the-counter" for "black and white" residential applications that are in
compliance with all requirements. However, they requested that they still be allowed to
review applications for the more complex residential applications, upon referral of staff,
and all applications for commercial development.
Staff agreed that such a change would streamline the process for applicants and staff, and
free up the Tree Board to concentrate on community educational efforts. Members also
expressed interest in being charged with the duty of assisting staff in developing technical
guidelines for landscaping. Issues that might be addressed would include site assessment,
choosing the appropriate trees for size and location of site, xeriscaping, drought- and salt-
tolerantplants and trees.
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AGENDA ITEM # SA
OCTOBER 8, 2007
~Ylinutes of the Tree Conservation Board Workshop -September 27, 2007
Ms. Hall noted that, in addition to those items already mentioned, a primary concern was
enforcement. She presented a spreadsheet demonstrating the number of tree removal
permits issued from 2002 until the present. The spreadsheet detailed the number of
inches of trees removed, as well as the number of inches assessed for mitigation. Ms.
Hall explained that, due to inadequate record keeping over the years, it was impossible to
determine if mitigation had ever been met for most of the cases. And, beyond that, there
was no indication as to what percentage was met by planting new replacement trees,
designation of existing trees, or payment into the tree fund. However, she explained that
she had been working to develop a system, and now that she was also charged with
landscape inspections, she hoped to soon implement a practice of tracking mitigation and
landscaping trees with mobileGIS. One resident in attendance (a landscape designer)
added that effectiveness of the mitigation program could be enhanced by education,
incentives to protect existing trees, and establishing mitigation requirements on an
individual site-by-site basis. He noted that many applicants satisfy mitigation
requirements only to remove the trees once the necessary time has elapsed.
The board members next turned their attention to the seven recommendations published
in Commissioner Fletcher's August 24`h email:
1. To match our neighboring beach cities, it has been suggested that we require
permits to remove any tree over a certain DBH.
Tree Board members found fault with several aspects of this statement. First, board
members noted that the tree ordinances of Neptune Beach and Jacksonville Beach
were not necessarily consistent with one another. Second, "to match our neighboring
beach cities" is not a adequate justification for making changes. The City of Atlantic
Beach has its own unique character. It is the social, economic, and environmental
threads of our urban fabric that must be considered and addressed by our ordinance -
not those of another community. Third, requiring permits for removal of every tree is
too radical. We need to concentrate on quality trees, and work to create a healthy
canopy. Board members did like the idea of selecting particular species for
protection, and exempting others. Additionally, they liked the idea of identifying
specific Champion and Heritage Trees, and perhaps creating an incentive program for
their preservation. However, these are all options that need to be explored further,
and discussed with the community.
2. For public safety reasons, we might retain apart-time arborist through the city,
using tree mitigation funds.
Board members felt that putting an arborist on payroll, even part-time, would be a
waste of money at this time. As an alternative, suggestions were made that we hire an
arborist for specific advertised events, such as seasonal "clinics" or a "tree walk" in
which an arborist would lead participants around town, pointing out good specimens
of trees and troublesome diseases and pests such as the ambrosia beetle, as well as
good and bad landscaping practices. Ms. Hall discussed the idea with the City
Manager the following day, and Mr. Hanson suggested that these community-wide
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AGENDA ITEM # SA
OCTOBER 8, 2007
Minutes of the Tree Conservation Board Workshop -September 27, 2007
events might be coordinated with the Parks and Recreation Department, thereby
leaving mitigation funds for tree planting. As to public safety, the City Public Works
and Public Safety (Code Enforcement) Departments are vigilant of potential safety
issues. If hazardous trees are on public property, they receive prompt attention. If
they are on private property but threaten a public area, attempts are made to contact
the owner. However, it is unreasonable to expect the City to assume the cost of
maintenance for all trees on privately held property.
3. It has been suggested that franchise agents, such as JEA, get a permit before
pruning.
Board members realized that the issue is not whether or not franchise agents have a
permit, but whether or not they follow best management practices for pruning. This
is an issue that has been previously discussed with the City Manager and Director of
Public Works, and one that cannot be addressed until franchise agreements are
renegotiated. Partial resolution may come with the relocation of utilities
underground, and educational efforts by the Tree Board may help residents make
better choices as to tree species and planting location.
4. Possibly increase the minimum tree planting requirements for non-residential
properties.
The Board members felt that this was a reasonable revision. However, it should be
considered in conjunction with the creation of technical guidelines that offer
alternative scenarios for landscaping design, and that offer incentives for preserving
protected, Champion and/or Heritage trees. Further discussion is needed to determine
what the appropriate minimum would be for Atlantic Beach.
5. Possibly allow the Tree Board to consider the architectural layout of a property
to improve tree conservation.
It was unclear as to what Commissioner Fletcher meant by "architectural layout".
Perhaps he was alluding to the site plan. Per section 23-19(g) of the existing
ordinance, "In determining mitigation requirements, the board shall consider the
following: (1) the existing tree canopy of the lot; (2) the tree canopy of the adjoining
lots; (3) the topography of the lot; (4) the efforts of the applicant to minimize the loss
of trees, through the size and design of the structure; (5) the cumulative effect of the
tree loss." Additionally, applicants are asked to confer with Public Works to ensure
that onsite drainage is sufficiently accommodated. Thus, this is a moot point.
6. Possibly allow notification of neighbors during the permitting process.
It is not a requirement that neighbors be notified during any other permitting
activities. Tree Board meeting notices are posted outside City Hall and Adele Grage
at least one week before meetings, and meeting agendas are available on the city
website and by request from City Hall one week before meetings. Additionally, all
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AGENDA ITEM # SA
OCTOBER 8, 2007
Minutes of the Tree Conservation Board Workshop -September 27, 2007
applications to be considered by the Tree Board are posted online and they are
available for public review at the Building Department. Finally, Tree Board meetings
are open to the public, and members are more than willing to hear the concerns of
surrounding neighbors. As noted above, "canopy of adjoining lots" is a consideration
in rendering decisions and advising applicants.
7. It has been suggested that we increase the use of hardwoods and limit mitigation
with palm trees.
Please refer to Section 23-17(e)(2) of the existing tree ordinance, which states, "In
general, protected oaks removed shall be replaced only with oaks. With tree board
concurrence, hardwoods yielding a similar canopy may be used," and "New palms
may be used only to replace protected palms removed." Therefore, this provision is
already in place.
RECOMMENDATION OF THE TREE BOARD
It was the consensus of the board that adequate opportunities needed to be provided for
public participation and input, and that additional investigation needed to be conducted to
identify the best methodology for Atlantic Beach's unique community.
Maureen Shaughnessy, Chairperson
Atlantic Beach Tree Conservation Board
Date
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