7 Composite - Verified Written Declaration of Michael Miller, RLATh
VERFIED WRITTEN DECLARATION OF MICHAEL MILLER, RLA
The undersigned Declarant, Michael Miller, hereby states the following:
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 roles 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 ASLA 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.
On or about July 23, 2020, Mr. and Mrs. Bourdon closed on the purchase of their
family's new home at 342 19th 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 treeson 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
5. On or about August 1, 2020, Mr. Bourdon retained a local tree service company to
remove a total of twenty (20) trees from his property, the remaining 42 trees located
on the property were preserved onsite and are 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 — is attached hereto as Composite Exhibit
"A" and incorporated by reference herein.
6. On or about August 10, 2020, Mr. Bourdon was contacted by an employee of the
City of Atlantic Beach and advised that the City's local regulations required him to
secure an after -the -fact 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. In 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, approval,
permit, fee or mitigation for the pruning, trimming or removal of a tree
on residential property if the property owner obtains documentation
from .. a Flonda licensed landscape architect that the tree presents
a danger to persons or property."
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.
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 both 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 of 3
13. For all the reasons set forth herein, it is my professional opinion 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 declare that I have read the foregoing recitals and the facts
stated in it are true.
Executed on this 21st day of October, 2021.
MICHAEL MILL R, RLA
Page 3 of 3
Permit:
Site Address:
RE#:
CO YIPOSITE=;E __ IBIT ",A
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
TREE20-0034
342 19th Street
Applicant: Thomas Bourdon
Address:
Phone:
Email.
TREE REMOVAL CALCULATIONS
REMOVED
Protected Trees Removed:
Mitigation Needed:
Legacy (non -oak)
24
24
Legacy (oak)
0
0
Oaks Palms
0 130
0 130
Trees Removed: 24" Hickory; 8", 9", 11", 2-14", 16" Trees; 8", 9", 8-10", 3-11" Palms
MITIGATION
Credit for Trees Preserved:
Credit for Trees Relocated:
Credit for Trees Planted:
Total:
Legacy (non -oak)
0
0
0
0
Legacy (oak)
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)
Oaks
0
0
0
0
Palms
0
0
0
0
Others
72
72
Total
226
226
Others Total
0 0
0 0
0 0
0 0
Legacy (non -oak) Legacy (oak) Oaks
New Trees Planted: 0 0 0
or
Payment Into Tree Fund**: $0.00 $0.00
or
A Combination of the Above
Additional Notes: Mitigation is 1 inch preserved or planted for every 2 inches removed. Tree Fund rate is $148.00 per inch.
**
Palms
0
Others Total
0 226
$0.00 $0.00 $0.00 $33,448.00
**At least 50% of mitigation must be onsite.
Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal.
APPROVED n
DENIED n
TPO ADMINISTRATOR DATE
EXHIBIT C: 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
FOR INTERNAL OFFICE USE ONLY
PERMIT #
SPECIES
IXI'_
removing
preserving
101=
replacing
COMMENTS
alm
•
ickory
•
"Legacy Tree" (Sec. 23-33(f)(2)(c), AB Ord. Code)
ree
•
ree
•
alm
0
alm
0
alm
0
alm
0
alm
0
Palm
0
ree
•
Palm
0
Palm
0
Palm
0
Palm
0
Palm
•
Tree
0
Tree
•
Tree
•
Palm
0
02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.20
ID
DBH
1
10"
F
I-
2
24"
3
3
11"
4
16"
-
5
11"
I
6
10"
I
7
10"
I
8
10"
9
9"
10
11"
11
9"
12
10"
13
11"
14
10"
15
10"
16
8"
17
14"
18
8"
19
14"
20
10"
Total
DBH
266"
SPECIES
IXI'_
removing
preserving
101=
replacing
COMMENTS
alm
•
ickory
•
"Legacy Tree" (Sec. 23-33(f)(2)(c), AB Ord. Code)
ree
•
ree
•
alm
0
alm
0
alm
0
alm
0
alm
0
Palm
0
ree
•
Palm
0
Palm
0
Palm
0
Palm
0
Palm
•
Tree
0
Tree
•
Tree
•
Palm
0
02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.20
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EXHIBIT C: TREE MITIGATION WORKSHEET
City of Atlantic Beach COMPOSITE EXHIBIT "B"
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
RLA Inventory of Exempt Trees
per Section 163.045, Fla. Stat.
02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018
ID
DBH
SPECIES
Removed
Trees
EXEMPT
TREES
COMMENTS
1
10"
Palm
Tree presented danger to persons/property
at time of removal
2
24"
Hickory
oat
Tree presented danger to persons/property
time of removal
3
11"
Tree
0
Tree presented danger to persons/property
at time of removal
4
16"
Tree
0
®
Trree t ereseof remdval nted danger to persons/property
a5
11"
Palm
®
Tree presented danger to persons/property
at time of removal
6
10"
Palm
®
®
Tree presented danger to persons/property
at time of removal
7
10"
Palm
8
10"
Palm
®
Tree presented danger to persons/property
at time of removal
9
9"
Palm
®
Tree presented danger to persons/property
at time of removal
10
11"
Palm
®
®
Tree presented danger to persons/property
at time of removal
11
9"
Tree
12
10"
Paim
13
11"
Paim
14
10"
Palm
®
®
Tree presented danger to persons/property
at time of removal
15
10"
Palm
16
8"
Palm
®
®
Tr aipreseented mdval danger to persons/property
aTree
17
14"
Tree
®
®
presented danger to persons/property
at time of removal
18
8"
Tree
®
®
Tr a preseemnted dval danger to persons/property
19
14"
Tree
®
®
at Treeprese ofentented dval danger to persons/property
20
10"
Palm
®
•
Tree presented danger to persons/property
at time of removal
TotalTotal
DBH
50"
DBH based on the 5 removed trees that did not
qualify as Exempt Trees, per Sec. 163.045, Fla. Stat.
02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018
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EXHIBIT C: TREE MITIGATION WORKSHEET
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
and diameter at breast height (dbh) of all trees identified on EXHIBIT
ti'1
B
PRESERVED TREE INVENTORY
"'J,3s
the species
ID
DBH
SPECIES
PRESERVED
TREES
COMMENTS
1
11"
Palm
2
5"
Palm
•
3
23"
Oak
4
9.5"
Sweetgum
0
5
10"
Sweetgum
0
6
8"
Sweetgum
0
7
8.5"
Sweetgum
0
8
9"
Sweetgum
0
9
10"
Sweetgum
•
10
7.5"
Sweetgum
0
11
8"
Sweetgum
0
12
11"
Sweetgum
0
13
10"
Sweetgum
•
14
10"
Palm
•
15
12 5"
Palm
•
16
14"
Sweetgum
0
17
8"
Sweetbay Magnolia
•
18
6"
Sweetbay Magnolia
19
11"
Palm
•
20
12
5"
Palm
0
21
13"
Palm
•
22
13"
Sweetgum
•
23
12"
Palm
•
24
10"
Sweetgum
•
25
12"
Palm
•
02 TREE
REMOVAL
- EXHIBIT C: Tree Mitigation Worksheet 03.01.2078
EXHIBIT 0 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
PRESERVED TREE INVENTORY
ID
DBH
SPECIES
PRESERVED
TREES
COMMENTS
26
11"
Palm
•
27
8"
Sweetgum
0
28
6"
Oak
0
29
Palm
•
30
3.5"
Sweetbay Magnolia
•
31
3.5"
Sweetbay Magnolia
•
32
12"
Palm
•
33
12"
Palm
•
34
12"
Paim
•
35
13"
Oak
•
36
11"
Palm
•
37
11.5"
Palm
0
38
12"
Palm
•
39
9.5"
Palm
•
40
125"
Palm
0
41
11"
Paim
•
42
11"
Palm
0
Total
DBH
433"
02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018