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1618 Beach Avenue ZVAR21-0017 Packet (Levine)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ZVAR21-0017 Request for a variance from Section 23-33 to reduce the mitigation owed for removal of 6 palm trees. LOCATION 1618 Beach Avenue (RE# 169547-0000) APPLICANT Barbara and Richard Levine DATE October 13, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicants, Barbara and Richard Levine, are the owners of 1618 Beach Avenue. This property is located on the west side of Beach Avenue approximately 130 feet north of 16th Street in the residential, general, multi-family (RG-M) zoning district. The applicant is requesting a variance from Section 23- 33(a) to remove six (6) palm trees without mitigating. This section of the code requires mitigation (replacement), relocation or payment into the tree conservation fund for trees removed on the property. The newly updated Chapter 23 is not on municode but can be found on the cities website at https://www.coab.us/DocumentCenter/View/13109/Chapter-23-Redline-62921-clean “Section 23-33 (a) Mitigation required. Replacement or relocation shall be the preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of the tree or vegetation removal permit.” The applicant is proposing a walkway from the front door of the house to the driveway and to add a gate in the side yard. Both of these proposed property improvements require the removal of trees for construction. The applicant is seeking the variance to waive the requirement for mitigation and/or payment into the tree conservation fund. An application for tree removal was submitted August 10th, 2021 that proposed removal of sixteen (16) palm trees and one (1) water oak. The applicant included a report from the home inspector which recommended “pruning, moving or removing vegetation as necessary to maintain at least 6 inches of space between it and the building exterior. A 1-foot clearance is better”. Staff reviewed this document and found that it did not fit Florida State Statute 163.045 because it was not prepared by an arborist or licensed Page 2 of 5 landscape architect. This statute states “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 an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property”. Staff only approved the removal of the water oak because it met section 23-22 (3) as a safety hazard. The water oak was growing into the side of the house and was deemed a safety hazard. Staff did not approve the removal of the sixteen (16) palms. As a result of the partial denial (no removal of the sixteen (16) palms) on original tree permit application, the applicant revised the application to only remove six (6) palm trees. On August 12, 2021, the applicant emailed an arborist letter to the city to support the revised tree removal permit. This letter states “4 [trees] on east side of property near the drive are to close together and are a trip hazard, one on the South side is within 5ft of the house, 2 on the North side are to close and are infested with various rodents. REMOVAL IS RECOMMENDED”. Staff reviewed this letter and did not find it fit the intent of FSS 163.045 and did not prove that the trees “presents a danger to persons or property”. These six (6) palm trees meet the definition of a private regulated tree. They are defined as “any tree on private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following conditions: a. a DBH of eight (8) inches or more”. The table below details the trees proposed for removal including the species, size, and mitigation assessment for each tree. Per Section 23-33 (a) staff will approve the removal of the six (6) palms however they must be mitigated and/or money paid into the tree conservation fund. The mitigation ratio is assessed based on the classification of the property (vacant, developed, new construction, public property, etc.). The subject property is considered a developed lot, which is defined as “any parcel upon which any building, structure, pavement or stormwater facility exists or is proposed but which does not fall under the definition of new construction or vacant lot”. ID # Species DB H Mitigation Ratio (inches removed: inches owed Mitigation Owed Arborist Report 1 Cabbage Palm 13” 1: 0.5 6.5” “to close together and are a trip hazard” 2 Cabbage Palm 12” 1: 0.5 6” “to close together and are a trip hazard” 3 Cabbage Palm 10” 1: 0.5 5” “to close together and are a trip hazard” 4 Cabbage Palm 11” 1: 0.5 5.5” “to close together and are a trip hazard” 30 Cabbage Palm 10” 1: 0.5 5” “to close[to the house] and are infested with various rodents” 31 Cabbage Palm 13” 1: 0.5 6.5” “to close[to the house] and are infested with various rodents” TOTA L 34.5” Page 3 of 5 Using this assessment, the mitigation owed is a total of 34.5” of trees and/or the equivalent paid into the tree conservation fund. Mitigation shall come in the form of tree replacement, relocation or preservation, or payment into the tree fund, in which mitigation can be met by planting the owed mitigation on site, paying into the tree fund, or a combination of the two. The tree fund rate is $144.00 per inch of mitigation owed. The cost equivalent for the proposed removal is $4,968.00. Replacement trees must be selected from Section 23-33 (f) “City of Atlantic Beach Recommended Tree List”. Any species may be used to replace a palm tree, but replacing a palm tree with a designated maritime species results in double credit. For example, planting a 4” caliper Southern Magnolia tree would receive 8” of credit towards mitigation. The figure below is provided by the applicant and the tree ID #’s from the table above correspond to the numbers in the figure showing the approximate location of the proposed trees for removal. Page 4 of 5 ANALYSIS Section 23-25 states that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 23-25 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 23-25(b) provides four distinct grounds for the approval of a variance: (1) Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. (2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. The applicant said “The 6 palm trees I’d like to remove, without having to pay into fund or replace, is for safety reasons. I need to put a walkway to ramp in front of home and add door to backyard at existing fence. Everything is now blocked by these trees and are preventing me access. Also they are entangled in overhead wires. I still have 26 palm trees to deal with later”. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0017, request for a variance to Section 23-33 upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 23-25, specifically the grounds for approval delineated in Section 23-25(b) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. Proposed walkway location Existing fence. Proposed door location. Page 5 of 5 (2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. Or, The Community Development Board may consider a motion to deny ZVAR21-0017, request for a variance to Section 23-25, finding this request is not consistent with the definition of a variance. Request for a variance from Section 23-33 to reduce the mitigation owed for removal of 6 palm trees. ZVAR21-0016 1618 Beach Avenue Site Context and Details Located on the west side of Beach Avenue, north of the 16th Street and Beach Ave. intersection. Zoned Residential, Multi- Family (RG-M) Site Context and Details Background The applicant submitted a tree removal permit application 8/10/2021 for removal of 16 palm trees and 1 water oak. Application included a report from home inspectors that recommended removal of trees close to house. Removal of the water oak was approved because it met section 23-22 (3) as a safety hazard. Applicant was informed the inspector's report did not exempt any of the 16 palm trees from the code because it did not fit Florida State Statue 163.045 and would require mitigation. “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 an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.” Background 8/12/2021 applicant submitted an arborist letter which states, “4 [trees] on east side of property near the drive are to close together and are a trip hazard, one on the South side is within 5ft of the house, 2 on the North side are to close and are infested with various rodents. REMOVAL IS RECOMMENDED.” Staff informed the applicant with arborist report was not accepted, as it did not meet the intent of FSS 163.045 and did not prove the trees present a danger to persons or property. These 6 palm trees meet the definition of a regulated tree. “Any tree on private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following conditions A. a DBH of eight (8) inches or more Per Section 23-33 (a), staff will approve removal of the 6 palms, however, they must be mitigated and/or paid into the tree conservation fund. Trees 1-4: “trip hazard” Trees 30, 31: “too close to house and infested with various rodents”House Driveway “Trip Hazard trees” #1 #4 #3 #2 “Infested with various rodents” #31 #30 Required Mitigation Section 23-33 (a) “Replacement or relocation shall be the preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset and impacts resulting from the removal of regulated trees/vegetation as a condition of the tree or vegetation removal permit.” Section 23-33 assess mitigation based on the property type. The subject property falls into the “Developed Lot” classification. CLASSIFICATION OF PROPERTY/PROJECTS CATEGORY OF REGULATED TREE Diameter at breast height (DBH) less than fourteen (14) inches Ratio is expressed as inches removed: inches owed Diameter at breast height (DBH) equal to or greater than fourteen (14) inches and less than thirty (30) inches Ratio is expressed as inches removed: inches owed Diameter at breast height (DBH) of thirty (30) inches or greater Ratio is expressed as inches removed: inches owed Heritage Ratio is expressed as inches removed: inches owed Vacant lot1 1 : 0.5 1 : 0.5 1 : 1 1 : 2.5 Developed lot2 1 : 0.5 1 : 1 1 : 2 1 : 3 New construction3 1 : 1.5 1 : 2 1 : 3 1 : 4 Public property 1 : 1.5 1 : 2 1 : 3 1 : 4 Mitigation Assessment ID #Species DBH Mitigation Ratio (inches removed: inches owed Mitigation Owed Arborist Report 1 Cabbage Palm 13”1:0.5 6.5”“to close together and are a trip hazard” 2 Cabbage Palm 12”1:0.5 6”“to close together and are a trip hazard” 3 Cabbage Palm 10”1:0.5 5”“to close together and are a trip hazard” 4 Cabbage Palm 11”1:0.5 5.5”“to close together and are a trip hazard” 30 Cabbage Palm 10”1:0.5 5”“to close[to the house] and are infested with various rodents” 31 Cabbage Palm 13”1:0.5 6.5”“to close[to the house] and are infested with various rodents” TOT- AL 69”34.5” Tree fund rate = $144.00/ inch owed 34.5”= $4,968.00 Need for Variance Applicant would like to add a paved or gravel walkway along south side of driveway and a door leading to back yard on north side of house. They would like to remove trees for planned projects without mitigating. Section 23-33(a) states “mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts from the removal of regulated trees/vegetation as a condition of the tree or vegetation removal permit”. Considerations The applicant is preserving 23 existing palm trees. Grounds for Decision APPROVAL-existence of one or more of the following Section 23-25 (b) DENIAL- 1.Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. 2.Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. 3.Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. 4.Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. The CDB may consider a denial upon finding that none of the requirements in 23-25 (b) exist. PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB) in a hybrid quasi-judicial format will allow for both virtual participation and in-person participation. The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR21-0017 Address: 1618 Beach Avenue (RE #169547-0000) Applicant: Barbara and Richard Levine PUBLIC HEARING(S) Body: Community Development Board Date October 19, 2021 Time: 6:00 PM Request: Request for a variance from Section 23-33 to reduce the mitigation owed for removal of 6 palm trees. Summary: The applicant is proposing to remove 6 palm trees in the front and side yard of the property to make room for a walkway in the front yard and add a door to the backyard on the side of the property. The mitigation owed for this removal is 34.5 inches. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.