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2239 Barefoot Trace ZVAR22-0010 PACKETPUBLIC 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). 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: ZVAR22-0010 Address: 2239 Barefoot Trace (RE #169463-0636) Applicant: James Hanson PUBLIC HEARING(S) Body: Community Development Board Date July 19th, 2022 Time: 6:00 PM Request: Request for a variance from Section 23-33 to reduce the mitigation owed for removal of 3 trees. Summary: The applicant is proposing to remove 3 trees in the front and side yard of the property to install a new driveway. The mitigation owed for this removal is 45 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. Request for a variance from Section 23-33 to reduce the mitigation owed for removal of three (3) trees. ZVAR22-0010 2239 Barefoot Trace Site Context and Details Located on the east side of Barefoot Trace. Zoned Residential, Single- Family (RS-1) Site Context and Details Background The applicant submitted a tree removal permit application May 24th, 2022 for removal of three (3) trees. These 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. Tree #1 Trees #8 and #9 Tree #9 Tree #8 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 inchesremoved: 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 Mitigation Assessment ID # Species DBH Mitigation Ratio (inches removed: inches owed Mitigation Owed 1 Hickory 20” 1: 1 20” 8 Oak 10” 1: 0.5 5” 9 Water Oak 20” 1: 1 20” TOT-AL 69”45” Tree fund rate = $150.00/ inch owed 45”= $6,750.00 Need for Variance The applicant is proposing to expand the driveway to improve access to the home. 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 more than 30 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. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR22-0010 Request for a variance from Section 23-33 to reduce the mitigation owed for removal of three (3) trees. LOCATION 2239 Barefoot Trace (RE# 169463-0636) APPLICANT James Hanson DATE July 8, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, James Hanson, is the owner of 2239 Barefoot Trace. This property is located on the east side of Barefoot Trace in the Residential, Single-family (RS- 1) zoning district. The applicant is requesting a variance from Section 23- 33(a) to remove two (2) oak trees and one (1) hickory tree without mitigating. This section of the code requires mitigation (replacement), relocation or payment into the tree conservation fund for trees removed on the property. “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 driveway expansion to improve access to the home. The 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. The three (3) 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 (Diameter at Breast Height - DBH), and mitigation assessment for each tree. Per Section 23-33 (a) staff will approve the removal of the trees however they must be mitigated and/or money paid into the tree conservation fund. Page 2 of 5 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”. Using the required assessment, the mitigation owed is a total of 45” of trees and/or the equivalent paid into the tree conservation fund. Mitigation shall be in the form of tree replacement, relocation or preservation, or payment into the tree fund. 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 $150.00 per inch of mitigation owed. The cost equivalent for the proposed removal is $6,750.00. Replacement trees must be selected from Section 23-33 (f) “City of Atlantic Beach Recommended Tree List”. Only designated maritime species may replace removed maritime species (hickory). Additionally, only oak trees may replace oak trees. The figure to the right 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. Tree ID # Species DBH Mitigation Ratio (inches removed: inches owed Mitigation Owed 1 Hickory Tree 20” 1: 1 20” 8 Oak 10” 1: 0.5 5” 9 Water Oak 20 1: 1 20 TOTAL 45” Barefoot Trace Page 3 of 5 Tree #1 Tree #8 Tree #9 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. The applicant stated, “the hickory tree near the street should be removed to allow for the maintenance of the driveway by replacing the old concrete drive with pavers. The base of the tree is directly adjacent to the driveway and the root has grown over the concrete. To remove the existing driveway and dig down to put in the sand base will require cutting about half of the tree’s root system. It may not survive or may blow over as a result”. (2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. The applicant stated, “The only significant greased area in front of the house has electric and water lines running through it. The sewer line may also be there because it would not have been practical to run it through the woods on either side when the house was built”. Page 5 of 5 (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 stated, “there are no practical places to plant new trees on my lo that would not interfere with existing trees. There are already 34 trees in the front and side yards. Trees in neighboring yards on the east and north sides extend well lover my property. My house and driveway are clearly and radically designed to keep the trees including a very large live oak next to my front door and another large oak literally in the middle of my house”. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR22-0010, 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. (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 ZVAR22-0010, request for a variance to Section 23-25, finding this request is not consistent with the definition of a variance.