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07-06-99 v AMENDED AGENDA 0 REGULAR MEETING OF TREE CONSERVATION BOARD July 6, 1999 7:30 p.m. City Hall Conference Room 1. Call to Order 2. Recognition of Visitors 3. Old Business A. Tree Removal Applications 1) 1410 Beach Avenue (to amend prior approval) (All) 2) Lot 21, Tiffany By The Sea (All) 4. New Business • A. Tree Removal Applications 1) Lot 3, Mayport Road (All) 2) 321 9— Street (All) 5. Reports and Announcements A. Review of draft Historic Tree Preservation Ordinance B. Authority of Tree Conservation Board regarding trees on public right- of-way C. Tree Board Calendar 6. Approval of Minutes of Meeting of June 21, 1999 7. Adjournment 40 If any person decides to appeal any decision made by the Tree Conservation Board at the above meeting, he will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony of evidence upon which appeal is to be based. MINUTES OF TREE CONSERVATION BOARD • July 6, 1999 A regular meeting of the Tree Conservation Board was held Tuesday,July 6, 1999,in the City Hall Conference Room. Present were Mae Jones, Chairperson,Richard Bell,Judith Jacobson,Eloise Koerber and Staff Members George Worley and Susan Dunham. The meeting was called to order by Chairperson Mae Jones at 7:30 p.m. 3.A. Old Business/Tree Removal Applications 1. 1410 Beach Avenue: No applicant was present for this item. George Worley advised the Board that this property had come before the Board in January of 1999. The owner, at that time,believed he would only need to remove one Ligustnun and would not impact any of the adjacent palms. The owner now finds that a non-protected 8"palm is being affected by the addition to the home and will have to be removed. Judith Jacobson moved that the application be approved as submitted,with no mitigation required. Richard Bell seconded the motion,which passed unanimously. 2. Lot 21,Tiffany By The Sea: Michael Sones appeared before the Board for the second time on behalf of Signature Homes. [Mr. Sones provided the Board members a new survey at this meeting indicating two additional trees to be removed.] After discussion,the Board advised Mr. Sones that there were more trees on the lot than indicated on the survey; more specifically,a total of 60"of oak and 12"of palm. Mr. Sones agreed with this accounting. Richard Bell moved to accept the application for the removal of 60"of oak and 12"of palm to be replaced with 30"of oak and 6"of palm or hardwood. Eloise Koerber seconded the motion,which passed unanimously. • 4.A. New Business/Tree Removal Applications pp S 1. Lot 3, Mayport Road: No applicant was present for this item. The applicant is requesting the removal of three pine trees and two oak trees. After discussion,the Board noted that the tree diameters indicated on the survey are incorrect. The correct measurements are: pine: 14",24"and 19"; oak: 13"and 10". Richard Bell moved that the application be approved for the removal of 57" of pine and 23"of oak and that they be mitigated by paying into the fund for 28.5"of pine and 11.5" of oak. Eloise Koerber seconded the motion,which passed unanimously. 2. 321 9th Street: David Proehl introduced himself to the Board as the homeowner. Mr. Proehl is constructing a room addition to the back of his home requiring the removal of three cabbage palms. The Board discussed and determined that the cabbage palms require no mitigation. Eloise Koerber moved to accept the application as submitted with no mitigation required. Judith Jacobson seconded the motion,which passed unanimously. 5. Reports and Announcements A. Review of the draft of the Historic Tree Preservation Ordinance: The Board discussed the proposed Tree Preservation Ordinance and recommended additional changes. By the next Tree Conservation Board meeting of July 19,George Worley a)will make the recommended changes to the Ordinance, b)will get estimates for preparing a tree survey indicating the specific trees, and c)will mount the aerial photograph on a board. B. Authority of Tree Conservation Board regarding trees on public right-of-way: George Worley 1111 presented each Board member with a fax memorandum from Alan Jensen dated July 2, 1999 (attached). Based on the information provided by the City Attorney,the Board was unable to act on the request by Mr.McDaniel pending authorization by the City Commission. Mae Jones brought to George Worley's attention her concerns regarding the application of Mitchell McDaniel of 2400 Seminole Road. Mae Jones walked the property with the latest survey provided by Mr. McDaniel and found that the trees are incorrectly identified, incorrectly measured and it listed an incorrect number of trees. George Worley will advise Mr.McDaniel. C. Tree Conservation Board Calendar: Due to certain Tree Conservation Board meetings coinciding with holidays,the following Tree Conservation Board meetings have been changed: September 6, 1999,moved to September 7, 1999; January 17, 2000,changed to January 18,2000;February 21, 2000, changed to February 22,2000. In other business the Board addressed and recommended changes to the proposed draft Tree Removal Application. George Worley will make the recommended changes to the application and will bring it to the next Tree Conservation Board meeting. The Board also requested George Worley to fax another request to Alan Jensen regarding an after-the-fact tree mitigation plan or tree replacement plan for Merve Russell's property. 6. Approval of Minutes Amended Minutes of meeting of June 21, 1999,to reflect attendance of Eloise Koerber. Judith Jacobson moved to approve the Minutes of the meeting of June 21, 1999,as amended;Eloise Koerber seconded and the motion carried. • There being no other business before the Board,themeeting was adjourned at9:40 p.m. fi //4 / — d ' Se retary ALAN JENSEN ATTY 264 HUI. JUL 1�" 'V� ALAN C. JENSEN Attorney at Law 935 North T ii d Street Post Office Box 50457 Jacksonville Beach,Florida 31.240-8457 • 2500 Facsimile (904)246-9960 Telephone (904)246- FAX MEMORANDUM DATE: July 2, 1999 Time: /D S A TO: George Worley II, City Planner COMPANY: City of Atlantic Beach FAX NUMBER: (904) 247-5805 NUMBER OF PAGES: 2 (including cover sheet) FROM: ALAN C. JENSEN, ESQ. CLIENT/MA FIER NO.: Tree Conservation Board MESSAGE George: You posed two questions in your Fax to me of June 29, 1999, which I answer as follows: 1. i... 1 :.and ave the authori to . •.•n r_. • • - •iv. : •_•.-- owner to remove trees located on the city right-of-way (SSlrfinition 4 lic Protected Tree, attached). and pose xnitigion for protected trees? Since Sec. 23-16 of the Atlantic Beach Code includes within the definition of Protected Tree a private protected tree and a public protected tree, and the latter is any tree located on lands owned by the City, which would include City rights-of-way, the City would have to request a permit to remove trees located on the City right-of-way. Therefore, in my opinion, the Board does not have the authority to act upon requests by a private property owner to remove trees located on the City right of way. HLHN J LNSLN HI IY .J ut__ YJG" 77 11e3: jb J George Worley III Page 2 • 2. Does a private property owner have the right to removeJam-protected. i.e., less than six inches in diameter, trees fromcity ht- f--wa without a pe ? No property owner has the right to remove any tree from property owned by another property owner, be it a private property owner or the City. Therefore, in my opinion, a private property owner does not have the right to remove non- protected trees from the City right-of-way. If no permit is requited to remove non protected trees, then the private property owner must obtain the consent of the City prior to removing any such tree from the City right-of-way. I hope the above answers your questions. If you need any further information, please do not hesitate to contact me. Alan i The information contained in this facaimite message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via U.S. Postal Service. Thank you. 4110