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06-27-07~ '~ ,~~ ~~ ..~ Ji3 s~'r ATLANTIC BEACH TREE CONSERVATION BOARD 800 Seminole Road, Atlantic Beach, Florida 32233 (904) 270-1605 [phone] (904) 247-5845 [fax] Website: http://www.coab.us/index.asp?nid=55 MINUTES OF THE REGULAR MEETING OF THE TREE CONSERVATION BOARD June 27, 2007 A regular meeting of the Tree Conservation Board was conducted at 7.•OOpm on Wednesday, June 27, 2007 in the Adele Grage Cultural Center, located at 716 Ocean Boulevard, Atlantic Beach. Chairperson Maureen Shaughnessy adjourned the meeting at 8:40pm. I. CALL TO ORDER: Chairperson Maureen Shaughnessy called the meeting to order at 7:OOpm. Present: Maureen Shaughnessy, Stephanie Catania, Jim McCue, Brea Paul, Carole Varney, City Liaison/Planner Erika Hall, and recording secretary Jessica Morales. Absent: None II. RECOGNITION OF VISITORS: None Ill. APPROVAL OF MINUTES: Stephanie Catania made a motion to approve the minutes from the June 13, 2007 regular meeting. Jim McCue seconded the motion and it passed unanimously. IV. NEW BUSINESS a. Tree Removal Permits: i. 1071 Atlantic Blvd (COAB/Hopkins Creek Retention) Rick Carper (Public Works Director) spoke on behalf of the City of Atlantic Beach in regards to the Hopkins Creek Retention Project. Mr. Carper clarified that the correct address for this property is not 1071 Atlantic Blvd though that is the address given in the City and County GIS. Rick stated that this property is a vacant lot on Aquatic Dr that is adjacent to Sunrise Church (298 Aquatic Dr). The board members and Mr. Carper reviewed and discussed any questions about the site plan. Jim McCue asked if this property was retention for the City of Atlantic Beach and Mr. Carper confirmed that it was. Mr. Carper further explained to the board that the use of this property is for flood control, retrofit retention area and water treatment benefits. Mr. McCue asked about the slope of property in regards to the basins and its requirements of fencing. Mr. Carper stated that the slope of the Page 1 of 6 Minutes of the Tree Conservation Board Meeting -June 27, 2007 ponds are 4 to 1 and does not have to be fenced, however; the rear part will be fenced due to the request of the Church. Mr. Carper addressed all further questions or concerns the board had in regards to the slopes of the ponds and fencing requirements. Mr. McCue asked if the City was aware of how this property was used in the past and Mr. Carper explained that there was a phase one environmental research done on this property. Mr. Carper also stated that there was small evidence of garbage dumping in the small pond and no indication of any dumping in the main pond. Maureen Shaughnessy had a concern in regards to the interior and exterior of the trees location on this property. Mr. Carper further explained the site plan and how trees in the interior and exterior zones would be affected. Mr. Carper stated that trees banded with lime green tape would not be removed and that those with orange tape would be removed. Board members questioned Mr. Carper regarding landscaping and future improvements of the retention area and the adjacent Church property. Mr. Carper explained that there was a purchase agreement with the Church that included cooperative landscaping. He said that an extra trees beyond normal mitigation requirements would be planted due that agreement, and he noted that recommendations had been made that the Church consider low maintenance trees when landscaping is done. MOTION.• Stephanie Catania made a motion that the City's tree official issue a tree removal permit to the City of Atlantic Beach for the property located on Aquatic Drive, but commonly known as 1071 Atlantic Blvd, for the removal of 950.5" Pine and 194" Oak from the interior zone and 13. S " Maple. Mitigation will be met through onsite protection of 141 "and onsite replacement of 260 ", as demonstrated on the submitted site plan presented to the Tree Conservation Board on June 27, 2007. The remaining 118 " will be mitigated either through replacement or payment at the rate of $117/inch into the Tree Replacement Fund. Jim McCue seconded the motion and the board passed it unanimously. ii. 1733/34 Beach Ave (demo/redevelopment) Richard Skinner stated his name and address for the record, as did his colleague Greg Thomas, as representatives of the property located at 1733/34 Beach Ave. Jim McCue asked how extensive the re-grading of the site would be and requested clarification of the photos, inquiring if the vertical mass was vegetation or sand. Mr. Skinner explained to the board that the site was quite steep and that it would be re-graded to DEP standards. Mr. McCue asked if the site had been reviewed by Public Works Director Rick Carper for on-site retention requirements, to which Mr. Thomas replied Page 2 of 6 Minutes of the Tree Conservation Board Meeting -June 27, 2007 that retention was addressed in the plans that had just been submitted to the Building Department for review. Mr. McCue reminded Mr. Skinner and Mr. Thomas that the retention is an issue and may affect the ttees. Mr. Skinner acknowledged that retention had informally been discussed with Mr. Carper and that formal comments were expected on the submitted plans within the next two weeks. Maureen Shaughnessy expressed concern over the health of a couple of Oak along the south property/fence line, stating that they may need to be checked by an arborist for stress- related disease and could require a vitamin boost. Mr. Skinner agreed, noting that the Oaks were definitely desirable and worth saving and he said that he would have an arborist out to the check the trees. MOTION.• Stephanie Catania made a motion that the City's tree official issue a tree removal permit to Rufus Pennington (applicant, represented by Skinner and Associates) for the property located at 1733/34 Beach Avenue, for the removal of 279" Cabbage Padm in interior zone and not requiring mitigation, and the removal of 200" Cabbage Palm, 36" Live Oak and 26" Bay, all in the exterior zone and requiring a total amount of 131 " in mitigation. Mitigation will be met by the onsite protection of 254" and the onsite replacement of 85 ", resulting in a surplus of 208 ", as demonstrated on the site plan presented to the Tree Conservation Board on June 27, 2007. Carol Varney seconded the motion and the board passed it unanimously. b. Ezempt Tree Removals: None c. Unlawful Tree Removals i. 1250 East Coast Drive (amendment after the fact/removal of 12" Live Oak, Chris Lambertson/Elite Homes) Erika Hall stated that she was forwarded an email from Public Works Director Rick Carper that he had received from Kelly Elmore, the landscape architect on the 1250 East Coast Drive project. Mr. Elmore was notifying Mr. Carper that he wished to add another tree to the permit previous issued to Chris Lambertson/ Elite Homes for the project. Board members noted that this was the second modification to the original tree removal permit. Stephanie Catania inquired as to the mitigation for this tree, to which Ms. Hall replied that Mr. Elmore stated in the email that mitigation would be in the form of payment into the Tree Replacement Fund. Additionally, Ms. Hall told the board that she had sent a letter to Mr. Elmore and copied Mr. Lambertson since he was the original applicant, explaining the proper procedure for modifying permits, and noting that trees removed without benefit Page 3 of 6 Minutes of the Tree Conservation Board Meeting -June 27, 2007 of permit would be charged double the normal rate for mitigation. The board expressed concern over the fact that this is a recurring situation, with developers appearing before the Tree Board and obtaining a permit, then removing additional and notifying the Tree Board after-the-fact. Mr. McCue asked if there was a disciplinary action that could be taken against repeat offenders who are fully cognizant of the existing tree protection ordinance but who blatantly ignore it. Ms. Hall said that she was unsure of anything short of revisions to the existing tree protection code, but that she would look into it before the next meeting. Board members continued to discuss possible remedies for such future violations, up to and including having the building official issue a Stop-Work Order. MOTION.• Carole Varney made a motion to amend the previously issued permit to include the removal of the 12" Live Oak from the rear exterior zone, to be mitigated by 12" Oak, due to the fact that the not cation of removal came after the fact and without benefit of permit. Stephanie Catania seconded the motion and it passed unanimously. V OLD BUSINESS a. Notifications i.. Stocks Street (R/E Home Investors)- mitigation compliance Erika Hall reminded the board that she had previously sent a couple of letters to the developers of the Stocks Street duplexes. She did not receive a reply to the first letter, dated Apri123, 2007 and addressed to Mr. Ed Winters, so she researched the corporation on sunbiz.org and confirmed that Ed Winters Jr. was the general contractor for the development. She sent a second letter on June 15, and received a phone call and afollow-up email in response to the letter from Lori at R/E Home Investors on June 20, 2007. Lori stated that the property was currently undergoing construction of drainage ditches, ponds, and underground utilities and it would be approximately 30 days before that work was completed. In the mean time, Lori would check on the status of the tree plans and convey that information when the current work was near completion. Additionally, Public Works Director Rick Carper confirmed the ongoing work and suggested that the entire site be reevaluated for mitigation once that work was complete. Mr. McCue asked if the applicants had yet met the mitigation requirements, and if not, what the hold up was. Ms. Hall stated that the original tree removal permit was applied for in February 2006 when former Atlantic Beach Building Official Don Ford served as the City Liaison to the Tree Conservation Board, and she had no idea where any of the original applications for that period Page 4 of 6 Minutes of the Tree Conservation Board Meeting -June 27, 2007 could be found. Additionally, she said that there was no landscape plan found in the application for the building permits. Thus, she has no standard by which to assess the status of the mitigation, and that is why she was now requesting the submittal of a tree mitigation plan from the applicant. The board advised Ms. Hall to send another letter informing the applicant that sufficient time (two-plus years) has passed since the original tree removal permit was issued and that a mitigation plan must be submitted at the next regularly scheduled meeting of the Tree Conservation Board, on Wednesday, July 11, 2007. Should the applicant fail to appear, the Tree Conservation Board will request that the Building Official issue aStop-Work order and they will turn the case over to the Code Enforcement Board for resolution. ii. 420 Whiting (Nolan/Person)-unlawful removaU30" cedar Tiffany Person stated her name and address for the record. Erika Hall reminded the board that she had sent a letter to Ms. Person, asking her to appear to discuss the removal of a 30" Cedar from her property located at 420 Whiting. Ms. Hall further explained that there are open building permits (addition of a Florida Room), valued at more than $10,000, for the renovation of the structure on that property. Ms. Person stated that she had called the City of Atlantic Beach several months ago and asked if she needed a permit to cut down a tree. She said that a City employee told her that she did not need a permit as long as she was not building anything in its place. Mr. McCue asked Ms. Person if she had made note of the name of the employee, to which Ms. Person replied no. She again said that it had been several months ago and that she was not living in the house at that time. Ms. Person stated that it was a family member who removed the tree, and that her mother had planted the tree many years ago. The tree had grown quite large and prevented grass from growing under it. The board asked Ms. Person about the renovations that had been done, and she described the work and estimated the valuation. Stephanie Catania explained to Ms. Person that the City of Atlantic Beach Tree Protection Ordinance requires permits for tree removals from any property undergoing or anticipating any development, redevelopment or renovations valued at $10,000 or more and requiring building permits within six months of the tree removal. Jim McCue advised Ms. Person to complete a tree survey of her property along with a tree removal permit application, noting that there were probably enough existing trees remaining on the property to serve as mitigation for the removed 30" Cedar. The board explained to Ms. Person of how to complete a tree survey using a copy of her existing land survey, and how to determine the Page S of 6 Minutes of the Tree Conservation Board Meeting -June 27, 2007 diameter of the trees. Ms. Hall offered assistance to Ms. Person and told her to call her office if she need help. iii. Orchid Street (Van Dusen)-mitigation clearance Ms. Hall informed the board that she had sent a letter to Mr. George Van Dusen stating that the mitigation requirements for the Orchid Street properties was now considered to have been met by the designation of protected trees. Ms. Hall reminded the board that the individual lots would have to apply for new tree removal permits when or if they were developed in the future. Ms. Hall also stated that she had received a phone call from Mr. Van Dusen stating that he was appreciative of the board working with his family to resolve this mitigation matter. VI. REPORTS & ANNOUNCEMENTS: None Vll. ADJOURNMENT :• MOTION.• Jim McCue made a motion to adjourn the meeting. Stephanie Catania seconded the motion and it passed unanimously. .~ ~~ ~~ ~ .-~ ~ r ha rperson Date Page 6 of 6