Item 8AAGENDA ITEM # 8A
FEBRUARY 22, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request by Jerrold & Rosanna Dixon to appeal assessment and obtain a refund
of $3,919.50 charged for unmet mitigation, assessed as condition of issuance of Tree Removal
Permit #08-00100011.
SUBMITTED BY: Erika Hall Sonya Doerr, AICP ~~
Principal Planner/Tree Administrator Community Development Director
DATE: February 11, 2010
BACKGROUND: The property owners of a newly constructed home at 1730 Ocean Grove Drive
have appealed tree mitigation assessed in accordance with the tree ordinance and have asked for a
refund of the mitigation that was paid in order to obtain a Certificate of Occupancy, which would
effectively exempt this one property from Chapter 23 of City Code.
The Tree Conservation Board (TCB) approved a tree removal application in conjunction with the
residential redevelopment of this lot on Apri19, 2008. A Tree Removal Permit was issued on April
10th for the removal of 119 inches from the interior zone and 55 inches from the exterior zone. The
TCB assessed mitigation for 27.5 inches of hardwoods in accordance with the tree ordinance in
effect at that time.
The Tree Administrator received numerous complaints from adjacent property owners once tree
removal began, and upon inspection, found sufficient evidence that clearing activity had exceeded
the scope of the approved permit and was possibly encroaching upon adjacent properties. The TCB
was advised at the April 23rd meeting that the applicant had been told to submit a revised tree
survey and re-appear before the TCB to request amendment of the existing permit to account for the
additional trees removed.
The TCB heard from the Applicant and adjacent property owners and considered the revised tree
survey at the May 14th and 28th meetings before voting to approve the applicant's new request to
remove all trees as shown on the revised survey. A revised permit was issued on May 30, 2008 for
the removal of 135 inches from the interior zone and 224 inches from the exterior zone with the
TCB's revised assessment of 101.5 inches, with 94.5" required to be either oaks and/or hardwoods,
per provisions of the tree ordinance.
On December 28, 2009, the applicant applied to the Building Department for the Certificate of
Occupancy (CO) for the new house, and was advised by the Tree Administrator that a landscape
plan demonstrating accomplishment of the assessed mitigation had not been provided, and that the
CO would not be released until that plan was reviewed and approved. The applicant indicated that
time was critical as the property owners desired to complete the project before year end, and that he
would have the landscape architect contact Staff directly. The landscape architect then called and
reported that he had designed the landscape according to the parameters set by his clients, and not
the mitigation requirements assessed by the TCB, which he claimed to be unaware of. Staff
reiterated to both parties that the CO could not be released until a landscape plan sufficiently
demonstrating compliance with the mitigation assessed by the TCB was received, reviewed, field-
verified and approved.
February 22, 2010 regular meeting
AGENDA ITEM # 8A
FEBRUARY 22, 2010
The landscape architect delivered an updated as-built landscape plan at 4:30 pm on December 29,
2009, and again advised that the landscaping was designed not to meet mitigation requirements but
to compliment the architecture of the structure, per direction of his clients. As such, he indicated
that he had provided a "conversion table" and requested that Staff find the mitigation sufficient on
this basis. Staff reviewed the submitted as-built landscape plan in light of the mitigation assessed
by the TCB.
At the Applicant's request, Staff gave reasonable allowance for alternative hardwoods meeting
minimum size requirements. Credit was also given for the Japanese Yew plantings, due in part to
the University of Florida's Department of Environmental Horticulture recommendation of that
particular tree as an "outstanding species" for this area. Credit was also given for the Italian
Cypress plantings because of their large mature height and potential for providing screening and
shading in the clustered configuration in which they had been planted. However, no allowance was
given for the "shrubby, weak-wooded" or the potentially invasive species. These allowances
resulted in a calculation of 33.5 inches in unmet mitigation, requiring a payment of $3,919.50 into
the Tree Conservation Fund.
On the afternoon of December 30, 2009, Staff presented the applicant with an evaluation of the as-
built landscape plan in which the allowances as described above were credited to the required
mitigation as set by the TCB as well as an invoice for payment of the remaining unmet mitigation
into the Tree Conservation Fund. The applicant accepted this assessment as reasonable, presented
payment to the Tree Conservation Fund, and was issued the CO by the Building Department.
The Applicant has now requested a refund of the mitigation paid in order to obtain the CO, which
again, would effectively exempt this property from the tree ordinance.
RECOMMENDATION: Deny appeal and request for refund of $3,919.50 from the TCF.
ATTACHMENTS: None. (All supporting documentation is maintained within the permit file.)
BUDGET: Payment to the Tree Conservation Fund Account Number 112-0000-366.00-00.
REVIEWED BY CITY MANAGER:
February 22, 2010 regular meeting