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
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