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.800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOhI 852-5800
To: The Honorable Mayor and City Commissioners
From: Tree Conservation Board
Date: August 17, 1999
Re: Tree Removal Application for 2400 Seminole Road and Recommended Procedures for Tree
Removal on Public Property
With regard~to the application for tree removal at 2400 Seminole Road, The Tree Conservation Board
(TCB) first met with Mr. McDaniel on June 7, 1999. At that time, Mr. McDaniel provided the TCB with
an incomplete, inaccurate and illegible application. Mr. McDaniel appeared before the TCB for the
second time on June 21, 1999. Mr. McDaniel once again provided an incomplete and inaccurate
application and did not provide the site plan to the Board in proper time to allow them to view the
property prior to the meeting. Please refer to the Minutes of June 7, June 21 and July 6 (attached).
}
Wifli regard to the TCB meeting of July 19, the TCB found the following: (1) more inches e.Yist on site
than were indicated on Mr. McDaniel's tree removal application, but the Board accepted his lower
figures; (2) the TCB accepted trees for mitigation that were below the standards specified in the Tree
Ordinance; and (3) the TCB did not include unhealthy trees in the measured inches. In this regard, the
TCB has already lowered the mitigation for Mr. McDaniel.
In addition, there could have been a request to JEA to raise the power lines. Had this been done, Mr.
McDaniel could have devised a landscape plan that would leave the native vegetation, intact and preserve
the integrity of the native hardwood hammock.
Finally, Sec. 23-25 of the Tree Ordinance states: "Exceptions. Requests far modification of the standards
of this article shall be made to the tree conservation board. Upon receipt of such a request, the board shall
thoroughly consider its merit and render a decision within thirty (30) days. The request shall clearly and
in detail state what modification or exception is being sought and the reasons such a request is warranted.
The board may grant, modify or deny the request based on protection ofthe public's interest, preservation
of the intent of flux article, or possible unreasonable or unnecessary hardship involved in the case." The
TCB did not find that Mr. McDaniel's request for an exception to the Tree Ordinance met the
requirements.
Based on the above, the TCB found no compelling reason to change the motion of July 19, 1999.
Mr. McDaniel is entitled to appeal the decision of the TCB as outlined in Sec. 23-17(4) of flee Tree
Ordinance. "Appeals. A person aggrieved by an administrative order, determination or decision of the
director may appeal the order, determination or decision to the city commission."
The TCB is concerned that no procedures etiist for tree removal on public land. In light of the above
issue, the TCB would like to clarify the process in an attempt to understand each group's role.
In a fax memorandum dated July 2, 1999 (attached), Alan Jensen states the following:
"Since Sec. 23.16 of the Atlantic Beach Code includes within the definition of Protected Tree a private
protected tree and a public protected tree, and the latter is any tree located on lands owned by the City,
which would include City rights-of--way, the City would have to request a permit to remove trees located
on the City right-of--way. Therefore, in my opinion, the [Tree Conservation] Boazd does not have the
authority to act upon requests by a private property owner to remove trees located on the City right of
way."
"No property owner has the right to remove any tree from property owned by another property owner, be it
a private property owner or the City. Therefore, in my opinion, a private property owner does not have
the right to remove non-protected trees from the City right-of-tivay. If no permit is required to remove
non-protected trees, then the private properly owner must obtain the consent of the City prior to removing
any such tree from the City right-of-way."
Based on the opinion of Alan Jensen as noted above, it is the TCB's understanding that the approval of
the removal of trees from public property lies with the City Commission, not the TCB. To implement a
process, the TCB offers the following procedure for your approval:
Procedure:
a. All applications for tree removal on public property be directed to a tree removal Review
Committee. The Committee could consist of one staff member, one TCB member and one
Beautification Committee member.
b. The Review Committee would examine the application and~conduct a site visit. The Review
Committee's goaliwill be to ensure that the public interest is protected.
c. Within 30 days of receipt of the application, the Review Committee would then offer a
recommendation to the Commission. The Review Committee may, as part of the approval
process, recommend changes to the original application.
d. The City Commission may approve or disapprove the application.
e. If the City Commission approves the application, the application will be forwarded to the TCB
to address the issue of mitigation.
2. Where the public trust and public lands are at issue, the TCB recommends a very conservative
approach that would preserve the native hammocks of our community.
r~~
Mae Jones ~airperson }'
cc: David Thompson, City Manager
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~~;; : ~. ~ _ ... ... . ~ .::-~ .ALAN JENSEN ATTY 264 P01
:. _. _ .... ~ _ .A.T.~9.~T' ~. ~''t~l'S~T .. ..... .
.Att~scy at 7[~w .. .
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• dffica Box X4457 .
• 3'ackso~:e Beasb,, ~'~ozzds 3~-045?
Tek~o~re (904) 2#5-23UQ
D.A.TB:
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:Ax.AN C. SENSED', PSQ.
. Tzee Conservation Board
ivr~~sAG7E
George:
I''ou posed hvo guestians in your Ear to me of Sune 29, X999, which x answer as #'allows:
J.. 1?~g the Board have the authors to aft urn requests iav a private ~~~
owner to remove trees located on the cit~ght of`wav ~~~~~nition of Public Protected Tree
attachedl, az~d imrn~se r~ga#ion for protected trees? .
Since Sec. 23-1b of the Atlantic Beach Code uacludes within the definition
o~ kzotected 7.3cee a private protected trce~ and a public protected tree, and the
latter is any tree located on lands owned by t~.e City, which would include City
xigbts-off way, the City would have to xec~uest a pezmit to xe~.ove trees located on
the City tight-off way. ~ere#'oze, in my opinion, the Board does not have tl~e
. authority to act upon xeguests by a private p%pexty~ over to remove trees Ioca~d
on the City right of way. . , ~ .
. -~ -- - ~ ~. Georga''S~orIey 3~I
. .. Page 2
' 2. ~ 7~_~~~~DS' owner have the l~aht to Temovenon~z~otecte~. i.e., l~
than sL° inches'in diameter, trees #'mm citX riaht of-why without a ? ' •~ '
~7o pxaty owner bas the xight to ze>ulove azzy tree from pzoperiy owned
• by another prap~sty owner, be it a private pxoperEy aw~zez' ox the City. ~'b.erefore,
in zny ~opiraiazl, a private pzopezty ownez does zlot b~avz file xigbt to xemove non-
protected trees from the City'~ight-off way. xf no permit ~s ~'eguized to xeznove
non ~xotected trees, then the private pxaperty owner must obtain the conseat o~
the City prior to zemoving any such tree from the City tight-of way.
~ hcY•pe the above answer your questions. xf you nod. at~y further in#'ozzuat;.ozl, pXeasy ~a ~loL
• hesita#e to contact me.
Alan
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The iz~forma~ion contained in this facsimile message ~s attoz~zeyp~vjleged asu2 coztfidtztti.al inforutation intended only f'or
' the nse off' tb~e j,~dividual oz emtiry wed above. xf the wader of this message is not the intended xeoipien4, or ire '
employee ar agent xesponsible to deliver it to the intended Xecipiemt, yon nxe ;~exeby 7kotif e3 that any dissemination,
. dzstxzbutlon oz Copying of this coulmunicativn is strictly proln~ite3. Ifyau have zaceived this communicatioA is elxos, .
please immediately notify us by telephone and xeturn the origvoat message to us at the above address via'Q.S. Postal
'. . Sezyi.ce. T3iank you. - .. _ ..~ . ~ , '.. ,
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NIINUTES OF
TREE CONSERVATION BOARD
June 7,1999
A regular'meeting of the Tree Conservation Board was held Monday, June 7, 1999, in the City Hall Commission
Chambers. Present tivere Mae Jones, Chairperson, Richard Bell, Camille Hunter, Judith Jacobson, and Staff
Members George Worley and Susan Dunham.' ~. ;
The meeting was called to order by Chairperson Mae Jones at 7:35 p.m.
3.A. Old BusinesslTree Removal Applications
1. Lots 2 and 3, all in Block 102, Section H: Paul Nichols attended on behalf of Bestcon, Inc. Mr. Nichols advised
the Board that these lots are being developed to build a duplex. Mae Jones expressed her concern regarding the
inaccurate measuring of the double trunk trees located on the lot. A$er further discussion Richard Bell moved to
accept the application as presented vvith the 9" cherry and the 22" cherry to be mitigated with ttivo 5" oaks, one
4" oak and one 4" my; tlv to be preserved on site. Judith Jacobson seconded the motion, which passed
unanimously.
2. Lot 4, Block 101, Section H: Paul Nichols attended on behalf of Bestcon, Inc. The Board noted that the 8" and
16"oak proposed for removal tivas incorrectly~measured. Judith Jacobson moved to approve the application as
submitted with the correction that the 16" oak is actually an 18" oak, the 8" oak is actually a 10" oak, and are
both multi-trunk trees. An additiona120"oak needs to be mitigated, bringing the total to 48" of oak to be
removed which requires 24" of mitigation. The applicant designated three trees totaling 27" to be preserved on the
lot. Richard Bell seconded the m1 otion, which passed unanimously.
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3. Lot 3, Block 101, Section H: Paul Nichols attended on behalf of Bestcon, Inc. Mr. Nichols indicated that the
19" double oak and the 23" double oak were probably incorrectly measured. Mr. Nichols stated a willingness to
submit to the measurements of the Board. Camille Hunter moved to accept the application as submitted except
the 19" oak and the 23" oak will be mitigated as 51" of oak. These trees are to be mitigated by one 7" oak, one
10"oak, one 5"oak and three 4" oaks for a total of 34". This is being done to ensure that there is adequate
mitigation since there is a question about the accuracy of the measurement of the trees. Richard Bell seconded the
motion, tivhich passed unanimously.
4. Lots 1, 2, 3 and 4, BIock 40, Section H: Debbie Jackrel introduced herself to the Board. Ms. Jackrel provided a
new survey for the Board. After discussion, Richard Bell moved to accept the application for the removal of 438"
of pine which requires 219" of mitigation, and 12" of oak which requires 6" of mitigation. 33" will be preserved
on-site, 27" of which will be hardwood and 6" of which will be oak; 192" of hardwood will be planted on site; and
the 20" palm in the center of the lot and the 12" and 14" hollys will be moved. Judith Jacobson seconded the
motion, which passed unanimously.
4.A. New BusinesslTree Removal Applications
1. 356/358 8~' Street: Charles Blumstein introduced himself as the owner of the property. The purpose of this
application is to move a 14" palm to accommodate an addition to his property. The Board advised Mr.
BIumstein that the 14" palm is not required to be mitigated because it is riot protected. Camille moved that the
application be accepted with the understanding that this palm is not a protected tree and does not need to be
mitigated if it is cut. Richard Bell seconded the motion, which passed unanimously..
2. 750 Mayport Road: No one in attendance to speak to this application to the Board. Two trees were cleared from
this lot without an application being brought before the Board. The cedar tree was found with roots attached, .
and the second tree was sawed off~vith no roots attached. With all the brush located at the lot, it was difficult to
determine the species of the second tree. Camille Hunter moved to accept the application, the number of inches
of tree that was removed as noted as 78" because the trees were cut before the application was accepted, all 78"
•v<711 need to be mitigated with 78" of hardwood or payment into the fund, to be determined by the applicant.
Richard Bell seconded the motion. After discussion of the number of inches removed, Camille Hunter withdrew
the motion. Richard Bell withdrew the second. Camille Hunter moved that the application be accepted with the
total number of inches of trees removed at 78" as shown on the application and as these trees tivere, cut before the
application was submitted, a1178" tivill need to be mitigated with hardwood, tivith the requirement that a
mitigation plan be submitted within 14 days:from today. Judith Jacobson seconded the motion, which passed
unanimously. -
3. Lot 81, Oceanwalk Unit 1: Richard Gormly introduced himself as the owner of the property. This application
addresses removal of four trees for the purpose of building a screened enclosure over an in-ground hot tub that is.
going to be installed attire back of this house. Mr. Gormly acknowledged to the Board that he measured the
trees incorrectly. Camille Hunter advised Mr. Gormly that the hvo oak trees are under 20" and are in the
setback, therefore they do not require mitigation. Judith Jacobson moved to accept the application as submitted
tivith the removal of 22" of palm to be mitigated with an existing 15" oak on the property, and encourages the
applicant to move the sabal palms. Camille Hunter seconded the motion, which passed unanimously.
4. 2400 Seminole Road: Mitchell McDaniel with McDaniel Contractors came to address the application on behalf
of the owner, Taylor Glover. The Board advised Mr. McDaniel that he needed to provide the Board with an
accurate tree survey which indicates the trees that are to be removed. Judith Jacobson moved that the Board
defer this application pending r~ceipt of an accurate tree survey. Richard Bell seconded the motion, which .
passed unanimously.
5. Reports and Announcements
Staff Member George Worley presented the proposed Tree Ordinance to the Board and asked Members to submit
any suggested changes in writing to him after they have had a chance to review it.
The Board discussed Mr. Merve Russell. George Worley has not yet written a letter to Mr. Russell. The Board
requested that a review of the status of the application of Merve Russell be added to the agenda for the ne~~t meeting.
George Worley will meet with Alan Jensen to get his opinion on whether or not the Board can set a time limit for Mr.
Russell to meet the mitigation requirements.
The Board requested Staff Member Susan Dunham to prepare and to bring to the next meeting aone-year calendar
listing all the Tree Conservation Board meeting dates. r~
6. Approval of Minutes
Judith Jacobson moved to approve the Minutes of the meeting of May 17, 1999, Richard Bell seconded and the
motion carved.
There being no other business before
Board, the meeting was adjourned at 10:30 p.m.
Secretary
MINUTES OF
TREE CONSERVATION BOARD
June 21,1999
A regular meeting of the Tree Conservation Board tivas held Monday, June 21,1999, in the City Hall Commission
Chambers. Present were Mae Jones, Chairperson, Camille Hunter, Judith Jacobson, Eloise Koerber and Staff .
Members George Worley and Susan Dunham.
The meeting was called to order by Chairperson Mae Jones at 7:30 p.m.
3.A. New Business/Tree Removal Applications
1. Lot 21, Tiffany By The Sea: Michael Sones appeared before the Board on behalf of Signature Homes. The
Board indicated to the applicant that the trees to be removed, the trees to be protected, the setback lines and the
lot lines ~vere not marked on the lot. The Board suggested the applicant consider preserving smaller trees for
mitigation. The.Board deferred action until the next meeting to allow the site to be marked.
2. Lot 3, Mayport Road: This application was incomplete and removed from the agenda.
4.A. Old Business/Tree Removal Applications
1. 2400 Seminole Road: Mitchell McDaniel appeared before the Board on behalf of the owner, Taylor Glover.
[The agenda indicated that the site plan relating to this property would behand-delivered to the Board members
but the site plan was not given to the Board. members until this meeting.] Mae Jones indicated to Mr. McDaniel
that she needs a correct site plan with her when she inspects the property. The Board concurred. The Board
requested Mr. McDaniel to submit a corrected application, and deferred action on this item. Mr. McDaniel
requested that the Board considers eliminating the process of mitigation for the trees he is requesting to remove
because they have been "topped" repeatedly by the Jacksonville Electric Authority, and that the trees are dying.
After further discussion, the Board expressed their concern with Mr. McDaniel removing trees and shrubs on the
public right-of-~vay. Staff Member George Worley stated that there was a question as to tivhat size trees are
protected on public property and requested that Mr. McDaniel not cut doti~m anything that could possibly become .
a tree until Mr. McDaniel comes before the Board again.
The Board held a discussion of what rights a property owner has with regard to public property. The Board
asked Staff Member George Worley to pose the following questions to Alan Jensen:
a) What authority does the Tree Board have in regulating what takes place on public property? •
b) Can a private property owner remove trees from the public right-of--way tivithout a permit, regardless of
the size of the tree?
c) Does Sectiori 23-16 Definitions, Public Protected Tree, of the Tree Ordinance apply when the applicant
is a private property owner?
The Board asked that George Worley relay to Alan Jensen the urgency in responding to these questions since the
applicant has already appeared before the Board two times. The Board requested that Mr. McDaniel not be
placed on the agenda again until an answer was received from Alan Jensen.
5. Reports and Announcements ~ ~ ~ ~ ~ _~_
A. Review of the draft of the Historic Tree Preservation Ordinance: The Board discussed the proposed Tree
Preservation Ordinance and recommended changes. These changes will be incorporated, and a corrected
Ordinance will be included in the next agenda package.
' B. Report on the status of 1Vlerve Russell: George Worley advised the Board that he has not received an answer
' from Alan Jensen in'regard to an after-the-fact tree mitigation plan or tree replacement plan: '
6. AnprovaI of Minutes
3.A.4. Last sentence: Judy Jacobson changed to Judith Jacobson. 4.A.2. Last sentence: Judy Jacobson changed to
Judith Jacobson. 6. First Sentence: Judy Jacobson changed to Judith Jacobson. Judith Jacobson moved to approve
the Minutes of the meeting of June 7, 1999, as amended; Camille Hunter seconded and the motion tamed.
There being no other business before the Board, the meeting was adjourned at 9:45 p.m.
1 .
a ~ .
Secretary
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:.. _ NIINUTES OF
TREE CONSERVATION BOARD
July 6,1999
A•regular meeting of the Tree Conservation Board was held Tuesday, July 6, 1999, in the City Hall
Conference Room. Present were Mae Jones; Chairperson;•RichardBell, Judith~Jacobson, Eloise Koerber
and Staff Members George Worley and Susan Dunham.
The meeting was called to order by Chairperson Mae Jones at 7:30 p.m.
3.A. Old BusinesslTree Removal Applications
1. 1410 Beach Avenue: No applicant was present for this item. George Worley advised the Board that
this property had come before the Board in January of 1999. The owner, at that time, believed he
would only need to remove one Ligustrum and would not impact any of the adjacent palms. The
otivner now finds that anon-protected 8" palm is being affected by the addition to the home and will
have to be removed. Judith Jacobson moved that the application be approved as submitted, tivith no
mitigation required. Richard Bell seconded the motion, which passed unanimously.
2. Lot 21, Tiffany By The Sea: Michael Sones appeared before the Board for the second time on behalf
of Signature Homes. [Mr. Sones provided the Board members a ne~v survey at this meeting
indicating two additional trees to be removed.] After discussion, the Board advised Mr. Sones that
there were more trees on the lot than indicated on the survey; more specifically, a total of 60" of oak
and 12" of palm. Mr. Sones agreed with this accounting. Richard Bell moved to accept the
application for the removal of 60" of oak and 12" of palmto be replaced with 30" of oak and 6" of
palm or hardwood. Eloise Koerber seconded the .motion, which passed unanimously.
,.
4.A. New Business/Tree Removal Applications
1. Lot 3, Mayport Road: No applicant was present for this item. The applicant is requesting the
removal of three pine trees and two oak trees. After discussion, the Board noted that the tree
diameters indicated on the survey are incorrect. The correct measurements are: pine: 14", 24" and
19"; oak: 13" and 10". Richard Bell moved that the application be approved for the removal of 57"
of pine and 23" of oak and that they be mitigated by paying into the fund for 28.5" of pine and 11.5"
of oak. Eloise Koerber seconded the motion, which passed unanimously.
2. 321 9~' Street: David Proehl introduced himself to the Board as the homeowner. Mr. Proehl is
constructing a room addition to the back of his home requiring the removal of three cabbage palms.
The Board discussed and determined that the cabbage palms require no mitigation. Eloise Koerber
moved to accept the application as submitted tivith no mitigation.required. Judith Jacobson seconded
the motion, which passed unanimously.'
5. Reports and Announcements
A. Review of the draft of the Historic Tree Preservation Ordinance: The Board discussed the proposed
Tree Preservation Ordinance and recommended additional changes. By the next Tree Conservation
Board meeting of July 19, George Worley a) will make the recommended changes to the Ordinance,
b) will get estimates for preparing a tree survey indicating the specific trees, and c) will mount the
aerial photograph on a board. •
B. Authority of Tree Conservation Board regarding trees onpublicright-of--way; George Worley
presented each Board member with a fax memorandum from Alan Jensen dated July 2, 1999
(attached). Based on the information provided by the City Attorney, the Board was unable to act on
. the request by Mr. McDaniel pending authorization by the City Commission:. .
• Mae Jones brought to George Worley's attention her concerns regarding the application of Mitchell'
McDaniel of 2400 Seminole Road. Mae Jones tivallced the property with the latest survey provided by
Mr. McDaniel and found that the trees are incorrectly identified, incorrectly measured and it listed an
incorrect number of trees. George Worley will advise Mr. McDaniel.
C. Tree Conservation Board Calendar: Due to certain Tree Conservation Board meetings coinciding
tivith holidays, the following Tree Conservation Board meetings have been changed: September 6,
1999, moved to September 7, 1999; January 17, 2000, changed to January 18, 2000; February 21,
2000, changed to February 22, 2000.
In other business the Board addressed and recommended changes to the proposed draft Tree Removal
Application. George Worley will make the recommended changes to the application and will bring it to
the next Tree Conservation Board meeting. The Board also requested George Worley to fax another
request to Alan Jensen regarding an after-the-fact tree mitigation plan or tree replacement plan for Merve
Russell's property.
6. Approval of Minutes .
Amended Minutes of meeting of June 2I, 1999, to reflect attendance of Eloise Koerber. Judith Jacobson
moved to approve the Minutes of the meeting of June 21, 1999, as amended; Eloise Koerber seconded.'
and the motion carved. ~
There being no other business before the Board, the meeting was adjourned at 9:40 p.m.