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8B - Tree Ordinance revisionsCITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Tree ordinance revisions SUBMITTED BY: Michael Griffin, CBO, CFM ~ Building and Zoning Director DATE: January 27, 2014 AGENDA ITRM II !!IJ MI\R C I I I 0, 2014 STRATEGIC PLAN LINK: Goa l to consider possible changes to tree ordinance BACKGROUND: The City Commission as a part of the Strategic Planning process asked for a review of Chapter 23 Protection of Trees and Native Vegetation. Including an assessment of the Tree Ordinance as described. "Background and Descri ption: This goa l is to consider possible amendments to the City's tree ordinance. Some citizens have approached the City Commission with concerns that the tree canopy may be disappearing in Atlantic Beach and that the City's tree ordinance regulating t h e removal of trees in connection with construction projects shou ld be strengthened and expanded. A second request was that regulations on removing boundary trees (trees along property lines) should be discussed. The goal is to consider what, if any, changes may be necessary and desirable." On January 21, 2014 the Community Development Board (see attached staff report and draft minutes) discussed this issue and determined the current regulations may be strengthened by extending the allowab le required time for tree mitigation if deve lopment occurs following removing any tree from six months to twelve months. Additionally, the Community Development Board discussed boundary trees (trees along property lines) and determined, w ith a recommendation from the City Attorney's office, and staff that boundary trees if damaged or removed without both property owner's permission shou ld be a civi l matter hand led by current Florida property rights law. BUDGET : No impact RECOMMENDATION: Accept Community Deve lopment Board recommendation to extend the six month time lf mit for tree mitigation to twelve months in Chapter 23 Protection of Trees and Native Vegetation and request staff to draft an ordinance to amend. ATTACHMENTS: January 21, 2014 Community Development Board minutes and staff report. City of Atlantic Beach Building and Zoning Department 800 Se min o le Road At lant ic Beach , F lo rida 32233 Te l ep hone (904) 247-5800 Fax (904) 24 7-5805 www.coab.us Memorandum To: Co mmunity Development Boa rd From: Mi chael Griffin, CBO, CF M Building and Zon in g Directo r Date: January 7, 20 14 Re: Ame ndm ents to the Tree Ord inance Chapter 23 AGEN DA ITEM II 80 MARC il 10, 20 Jtl The City Commiss ion as a part of the Strategic Plannin g pro cess has asked for a revi ew of Chapter 23 Protection of Trees and Nativ e Vegetation . Thi s in cludes an assessment of th e Tree Ordinance as desc ribed . "Ba ckground and Descrip tion : This goal is to consider possib le amendments to the Cit y's tree o rdin ance . Some citizens ha ve appr oached the City Commi ss io n with concerns that th e tree canopy may be disa pp ea rin g in Atlantic Beach and that the C it y's tree ordinance regu lating th e removal of trees in conn ecti on with constru ction projects should be stren gthened and expanded. A second requ es t was that regul ation s o n removin g bo und ary tr ees (tre es alon g property lines) should be di scuss ed . The goa l is to co nsid er what, if any, changes may be necessary and desirab le." T he two issues reco mm ended for di scussion arc indicated belo w. First is sue regarding permit iss uance: Section 23-22. Exemptions from th e req uiremellf for a permit. Thi s section allows trees to be removed without the iss uance of a tree pennit so long as no developm ent (v alu ed at less th a n $10,000) will occur o n the pro pe rt y with in 6 month s s ub seq uent to the trees bein g removed . Any trees removed with a tree permit wi ll be required to mitigate for any rem oved tre es . However, trees remo ved without a tree pennit are not required to be rep lace d with miti gation unle ss construction is commenced within 6 month s fr om the date of tree remov al. Stq[f com ment : There may be tlu·ec possible opti o ns: I) Recommend no c hanges lO the exi~·ting tree ordin ance. T hi s wou ld keep the intent of the original ordinance in pl ace by a ll owin g propert y owners their ri ght to keep or remo ve exi stin g trees on pr opert y that is not intended for developm en t or redevelopment. Or, extend the 6 m onth waiting period to 12 month s before devel opm ent ma y occur without prov id in g for miti gation fo r trees th at have been rem oved. AGENDA ITEM# 8B MARCH 10,2014 2) Recommend a list of trees that should be protected from removal unless approval is given based upon extenuating circumstances. A listing as below of protected trees may be developed and removal of such trees could be regulated. The trees below could be included in the definition of Heritage Tree. Species Common name Diameter breast height Juniperus virginiana Eastern Red Cedar 30" Magnolia grandiflora Southern Magnolia 30" Quercus virginiana Live Oak 30" Quercus laurifloia Laurel Oak 36" Quercus phellos Willow Oak 36" Acer rubrum Red Maple 36" Taxodium distichum Bald Cypress 30" Ilex opaca American Holly 20" Comus florida Flowering Dogwood 15" Cary a Hickory (except pecan) 36" 3) Recommend permits be requiredfor the removal of any regulated tree regardless of intention to develop the property and to mitigate for the removal. A list of regulated trees is located in the tree ordinance under Section 23-8 Definitions. This would encumber property owners to develop a site plan for permitting and review showing all trees that exist on-site including trees that will be removed so that staff may determine mitigation requirements. This is also adding additional work to City staff for review/permitting/inspection and record keeping of the removed trees. Below are tree permitting requirements for surrounding jurisdictions. Jacksonville-Tree removal permits are required for any protected tree which is any tree with a diameter breast height of six inches or more located on any lot within 20 feet of a street right of way or a tree with a diameter breast height of eight inches or more located within ten feet of any other property line, or a tree with a diameter breast height of 11.5 inches or more located elsewhere on the property. Neptune Beach-Tree removal permits are required for any protected tree greater than six inches or more in diameter or two feet in circumference. Palm and pine trees are excluded from permitting. Heritage and Champion trees which are basically as described above in our proposed definition may only be removed by approval of the Community Development Board, or if a part of a new subdivision by the City Commission. Jacksonville Beach-Tree removal permits are required for any protected tree which is any tree with a diameter breast height of more than 6 inches. There are exceptions for pine and a palm trees 2 and a list of unprotected trees is provided, however, a permit is required for the removal of certain unprotected trees. Second issue regarding Boundary Trees: Boundary trees have their root system partially onto adjacent properties. Boundary trees are not addressed in our current ordinance, however, during construction tree protection is required for all trees that are not scheduled for removal. Mitigation for trees that are damaged during construction, must be made prior to the issuance of a Certificate of Occupancy or Certificate of Completion for the project. Legal action for diminished property values, loss of aesthetics, out of pocket expenses or mental anguish will be a private matter for each property owner. Attached is a copy of the City of Atlantic Beach tree ordinance. 3 Draft Minutes of the Jamtmy 21, 2014 regular meeting of the Community Development Board 6. REPORTS. AGENDA ITEM# 8B MARCH 10, 2014 A. Tree Ordinance. Michael Griffin stated that the City Commission as a part of the Strategic Planning process has asked for a review of the Chapter 23 Protection of Trees and Native Vegetation. This includes an assessment of the Tree Ordinance as described. This goal is to consider possible amendments to the City's tree ordinance. Some citizens have approached the City Commission with concerns that the tree canopy may be disappearing in Atlantic Beach and that the City's tree ordinance regulating the removal of trees in connection with construction projects should be strengthened and expanded. A second request was that regulations on removing boundary trees should be discussed. The goal is to consider what, if any, changes are necessary and desirable. The first issue is regarding permit issuance. Staff comments are that there are three possible options: 1. Recommend no changes to the existing tree ordinance. 2. Recommend a list of trees that should be protected from removal unless approval is given based upon extenuating circumstances. 3. Recommend permits be required for the removal of any regulated tree regardless of intention to develop the property and to mitigate for the removal. Sylvia Simmons suggested that they review other municipalities tree ordinances and also stated that all trees are not equal. The board all agreed that there should be more community education regarding trees. Mr. Griffin stated that staff recommends changing the code regarding Section 23-22. Exemptions from the requirement for a permit. This section allows trees to be removed without the issuance of a tree permit so long as no development (valued at less that $10,000) will occur on the property within 6 months subsequent to the trees being removed. Any trees removed with a tree permit will be required to mitigate for any removed trees. However, trees removed without a tree permit are not required to be replaced with mitigation unless construction is commenced with 6 months from the date of tree removal. The change he recommends is to replace the 6 months verbage with 12 months. Harley Parkes made a motion to change it to 12 months and Linda Lanier seconded the motion. It passed unanimously. The board also agreed to have no action on the second matter regarding boundary trees. 7. ADJOURNMENT-7:35 PM Page 4 of5