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2008-04-09 (meeting minutes) v y` 'L`1r jJ * Ss� City of Atlantic Beach Tree Conservation Board Regular Meeting Minutes April 9, 2008 A regular meeting of the City of Atlantic Tree Conservation Board was convened at 7:00 pm on Wednesday April 9, 2008 at the Adele Grage Cultural Center, West Meeting Room, located at 716 Ocean Boulevard in Atlantic Beach. In attendance were Board Members Stephanie Catania, Jim McCue, Brea Paul, Carole Varney and Staff Planner/7P0 Administrator Erika Hall. Maureen Shaughnessy was absent from the meeting. The position of Recording Secretary was vacant. 1. CALL TO ORDER ■ Acting Chair Jim McCue called the meeting to order at 7:00 pm. 2. RECOGNITION OF VISITORS • Mr. McCue recognized the presence of applicants Michael Altenbach, Richard and Brenda Raab, and Deputy Public Works Director Tim Gilboy. Also present in the audience were Bonnie and Kirk Hansen. Mr. Hansen is a member of the Community Development Board. 3. APPROVAL OF MINUTES MOTION: Brea Paul moved to adopt the minutes of the March 26, 2008 regular meeting, as written. Carole Varney offered a second, and with no further discussion, the vote was unanimous. 4. OLD BUSINESS a. TREE 08-00100011 1730 Ocean Grove Drive Altenbach for Dixon / residential redevelopment Michael Altenbach appeared before the board as representative of this application, review of which was deferred at the March 26, 2008 meeting, pending correction of the application. As the board reviewed the resubmitted survey, Ms. Hall explained that she had emailed Mr. Altenbach the board's requests, and that he had revised and resubmitted the mitigation worksheet and the tree survey per those Page 1 of 5 Minutes of the April 9, 2008 Regular Meeting of the Tree Conservation Board requests. Mr. McCue, referring to the tree survey, asked about the "orange line" versus the yellow area. Ms. Hall replied that the orange line was the building setback line, as shown on the original submittal, while the yellow shaded area represented the correct placement of the exterior zone. Mr. McCue asked were the two not the same? Or did Mr. Altenbach have a zoning variance. Ms. Hall replied, no, they were not the same; rather the side yard setbacks for that zoning district (RG-1) are a combined 15', with a minimum of 5' on either side. Mr. McCue asked if the mitigation worksheet had been updated and was complete. Mr. Altenbach confirmed that it was. Stephanie Catania noted that none of the interior trees proposed for removal were protected, thus mitigation would only be required for those in the exterior zone. Ms. Hall pointed out that the trees along the 17th Street ROW were to remain, and would be barricaded during construction. MOTION: Stephanie Catania made a motion regarding TREE 08-00100011 (1730 Ocean Grove Drive) to approve removal of 1-12" Palm; 1-7" Bay; 1-4", 2-6", and 1-9" Magnolia; 2-9", 1-10", 2-11", 1-12" and 1-13" Oak, for a total of 119", from the interior zone, with no mitigation required; and, from the exterior zone, 1-9" Bay; 2-10", 1- 12" and 1-14" Oak, for a total of 55", to be mitigated on- site with 27.5" of hardwoods of the property owners' choice. Carole Varney seconded the motion, and without further discussion it passed unanimously. b. TREE 08-00100012 (previous permit 06-00032880) 2391 Ocean Breeze Court (Raab / residential development) Mr. Richard Raab and Mrs. Brenda Raab, owners of the property located at 2391 Ocean Breeze Court were present to address the board, as were their neighbors to the north, Kirk and Bonnie Hansen, 2393 Ocean Breeze Court. Ms. Hall reported that the Building Department had received notice that a number of Palms had been removed from this site, beyond the Coastal Construction Control Line (CCCL) and possibly in conjunction with the construction of a dune crossover, and this information was forwarded to her on April 2, 2008. She found that an application had been received / approved and a permit issued for the removal of trees in/near the proposed building footprint. However, trees beyond the CCCL were not permitted for removal, and were in fact listed "to remain" in the Special Notes and Comments section of the permit. Ms. Hall said that she contacted Public Works Director Rick Carper to find out if he knew anything about the additional tree removals. In turn, he contacted Florida Department of Environmental Protection (FDEP) field agent Trey Page 2 of 5 Minutes of the April 9, 2008 Regular Meeting of the Tree Conservation Board Hatch, and found that he had given verbal permission to trim the vegetation (including Palms) but that he had not issued a field permit for tree removal. Ms. Hall said that over the next few days, she had further communication with Mr. Hatch as well as FDEP CCCL Permit Manager Valerie Jones, who explained that FDEP department does "permit removal and new planting of vegetation as part of the permitting process for most structures. The applicant is required to submit a survey depicting existing vegetation, and if planting is proposed, they submit planting/landscape plans which should depict existing plants, plants to be removed, and proposed plants. We assess these plans and often require revisions to avoid or minimize impacts to native vegetation...we do allow removal of vegetation, but the rule says it cannot destabilize a dune or cause significant adverse impacts." As Ms. Hall disbursed copies of her emails from Ms. Jones, and notes from her phone conversation with Mr. Hatch, she explained that this item was brought to the board in order to determine if the Palms that had been located seaward of the CCCL and recently removed were considered to be protected, and in turn, if their removal constitute a violation. As the board reviewed the original tree removal application and permit issued in 2006, and the photos taken by Code Enforcement Officer Alex Sherrer, Ms. Hall continued with information she obtained from FDEP. According to Mr. Hatch, Palms are generally considered to be nuisances in the dune system. However, when they are removed, the root ball must remain in order to hold the dune together until new vegetation is successfully established. Mr. Hatch also told Ms. Hall that he had obtained permission from his supervisors to issue a field permit for the removal of some Palms in conjunction with another project that he had discussed with the property owner, but he had not received an application for that project and thus had not issued the field permit. Mr. Raab stated that it was his understanding that he had adequate permission from FDEP to cut down the trees so long as he did not remove the root balls. He said that it was his intent to enhance the view, and trees had been cut in a staggered manner so as to not endanger the stability of the dune system. Additionally, he said that he had been advised by Trey Hatch as to the appropriate plants for replanting the area. He said that his landscape architect was working on a plan, but due to a miscommunication of meeting date, he was unable to produce it for tonight's meeting. Mr. Raab handed out additional photos of the remaining vegetation on the dune, and explained that there were a number of trees not shown on the survey provided to the board. Mr. McCue asked why they had not been shown on the original survey (which Ms. Hall had used to show the location of the recently removed Palms), and why Mr. Richard Page 3 of 5 Minutes of the April 9, 2008 Regular Meeting of the Tree Conservation Board Thompson, the Raabs' contractor and original applicant for the 2006 tree removal permit, was not in attendance. Ms. Hall said that she had sent a certified letter to Mr. Thompson since he was the original applicant, but that she had not received response from him. However, Mr. Carper had forwarded all the information provided by Ms. Hall to Mr. Thompson via email, and he in turn, had forwarded it all to Mr. Raab. Mr. McCue asked if Mr. Raab had coordinated with Mr. Thompson regarding the removal of the additional Palms. Mr. Raab said that he had conferred with the Nansens who live on the lot located just north of his property. The Hansens confirmed that they were in support of the Raab's plan to clean up the area and replant with grasses and other coastal vegetation as recommended by Mr. Hatch. Upon further review of the 2006 application, Carole Varney and Stephanie Catania did not find that the Palms were designated as protected in lieu of mitigation. However, they found several inconsistencies amongst the various documents of the 2006 application that prevented them from knowing with absolute certainty what remained on the property prior to the most recent tree removals. MOTION: Carole Varney made a motion that the Tree Conservation Board defer further consideration of the removal of Palms seaward of the CCCL, from the property located at 2391 Ocean Breeze Court, pending the submittal by the property owner, of a new tree survey, showing the size, location and species of all trees remaining, as well as all those that were removed from the vicinity of the dune. Stephanie Catania seconded the motion. Mrs. Raab asked for confirmation as to who was to provide the new survey and Mr. McCue said that they (the owners/applicants) were responsible. Mr. Raab asked if Ms. Hall could send a copy of the original survey for him to work off of and he supplied his email address. With no further discussion, the board voted unanimously in support of the motion. 5. NEW BUSINESS a. TREE 08-00100013 1701 Francis Avenue City of Atlantic Beach / Jordan Park maintenance, removal of invasive species Tim Gilboy, Deputy Director of Public Works, appeared before the board to share with them the plan for Jordan Park maintenance which includes the removal of invasive Chinaberry and Tallow Trees, and replanting with Oaks. Mr. McCue asked why an application did not accompany the diagram that was submitted, and Ms. Hall reminded the board that the City is not required to apply for or obtain a tree Page 4 of 5 Minutes of the April 9, 2008 Regular Meeting of the Tree Conservation Board removal permit for such maintenance and improvement programs. However, Public Works wanted the board to be aware of their continuing efforts to remove invasive species and improve public properties. Ms. Hall also noted that she does keep files on such projects, and records them in the development review / permitting system. No action was required by the board, so no motion was made. 6. REPORTS, ANNOUNCEMENTS & ITEMS NOT REQUIRING ACTION a. Technical Guidelines: Discussion of"Right Tree, Right Place" principles, development of list of preferred species suitable to site parameters. Ms. Hall explained that this was a topic she had previously proposed to in conjunction with the development of Technical Guidelines. Mr. Carper asked if the Tree Board could go ahead and work on this so that this information could be provided to applicants to the Adopt-a- Tree Program and the public in general. Mr. McCue proposed that this discussion be rescheduled for a time when all board members were present and could fully participate. The remainder of the board agreed. 7. ADJOURNMENT MOTION: Carole Varney moved to adjourn, Stephanie Catania offered a second, and the meeting was adjourned by Acting Chair Jim McCue at 7:55 pm. . g5/66 SI D:Jim McCue,Acting Chair D e ATTEST rE iha Hall, Staff Planner/TPO Administrator Page 5 of 5