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11-15-99 v • AGENDA REGULAR MEETING OF TREE CONSERVATION BOARD November 15, 1999 7:30 p.m. City Hall Commission Chambers 1. Call to Order 2. Recognition of Visitors 3. Old Business A. Tree Removal Applications 1) None 4. New Business A. Tree Removal Applications 1) Lots 1 &2,Block 102, Section H 2) Lot 24, Sevilla Gardens, Unit 2 • 5. Reports and Announcements 6. Approval of Minutes of Meeting of November 1, 1999 7. Adjournment 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 November 15, 1999 A regular meeting of the Tree Conservation Board was held Monday,November 15, 1999,in the City Hall Commission Chambers. Present were Mae Jones, Chairperson,Richard Bell, Judith Jacobson, Eloise Koerber and Staff Member Susan Dunham. The meeting was called to order by Chairperson Mae Jones at 7:35 p.m. 3.A. Old Business/Tree Removal Applications 1. None. 4. A.New Business/Tree Removal Applications 2. The Board took this item out of sequence. Lot 24, Sevilla Gardens,Unit 2: Mr. Meryl Belto introduced himself and his wife,Frances Belto,as the property owners. Chairperson Mae Jones indicated to the Board that the Beltos had come before the Tree Conservation Board on June 5, 1995, in response to the violation of removing trees without an application(a copy of the Tree Conservation Board Minutes of June 5, 1995 are attached and made a part of these Minutes). The Board,at that time, determined that five pine trees had been removed,but only two were protected under the ordinance, a 6"pine and an 8"pine. Also,the Board further explained to the applicants that the two trees removed would be taken into consideration when the application for removal of additional trees was presented. In addition,Mae Jones clarified that Alan Jensen, City Attorney,determined that the applicants current application fell under the jurisdiction of the new Tree Ordinance(effective 2/96). After discussion,the Board determined that 14"of pine would be added to the mitigation • requirements of the new application and that the Board would proceed under the new Tree Ordinance with the current application. The Board, after on-site inspection,corrected tree sizes as follows: tree#23: 29"DBH,#3A: 3" DBH,#3B: 4"DBH,#3D: 2.5"DBH,#3E: 7.5"DBH. The Board also determined that trees#1,#3E and#4 are protected and could not be used for mitigation purposes. The applicants decided not to remove trees#5, #8 and#23 and have added#5A(a 3"bay)for mitigation. Judith Jacobson moved that the application be approved as submitted with 28.25"of protected tree being removed, add to that the 14"of protected trees previously removed,thus giving a total of 42.25"of protected tree to be mitigated. Mitigation will consist of 41"on site and 2"or greater of hardwood to be planted on site. Eloise Koerber seconded the motion,which passed unanimously. The Board held a discussion regarding the inconsistency of the usage of tree caliper and DBH in the Tree Ordinance. 1. Lots 1 and 2,Block 102, Section H: The applicant was not in attendance. Discussion was held regarding the inaccurate measurements shown on the survey. The Board determined that enough information was gathered on site to proceed with the application. Richard Bell moved that we accept the application conditioned on the following changes in measurements: on Unit D,the front triple oak is actually 44"and the rear triple oak is 30"; on Unit C,the front double oak is actually 24.5"and the triple oak in the middle of the lot is 29.5". The applicant has 80"of oak on Unit D and 54"on Unit C,for a total of 134"of oak to be removed. This would require 67"of oak for mitigation. None of the non-oak species to be used for mitigation on the application can be used for mitigation. The 4" oak the applicant has indicated for mitigation in the middle of the lot next to Third Street is actually a • bay. The applicant may use the following for mitigation with changes in measurements as indicated: On Lot D,the 7"oak on West 3rd Street is actually 6",the 5"oak on the northwest corner is a 4"oak and the 4"oak in the middle of the lot between the two buildings is a 3"oak. On Unit C,the 4"oak Minutes of Tree Conservation Board November 15, 1999 Page 2 • on the southeast corner is actually a 3"oak and the 5"oak next to the driveway is a 4"oak. This gives the applicant a total of 20"of oak for on-site mitigation. The applicant will need 47"of oak to either be placed on site or paid into the Tree Fund. Judith Jacobson seconded the motion, which passed unanimously. 5. Reports and Announcements In his absence, George Worley requested that Susan Dunham advise the Board in regard to the following: 1. George Worley will have a report ready for the next Tree Board meeting regarding the survey for the Historic Tree Preservation Ordinance. 2. 750 Mayport Road has been referred to Code Enforcement. 3. As of today, Merve Russell has not responded to the certified letter. The matter will be referred to Code Enforcement tomorrow. 6. Approval of Minutes of Meeting of November 1, 1999 Eloise Koerber moved to approve the Minutes of the Tree Conservation Board meeting of November 1, 1999; Judith Jacobson seconded and the motion carried. 7. Adjournment There being no other business b- .re the Boar. e meeting was adjourned at 9:35 p.m. r / al /11 ' c'and :• 1,recretary • 1111 TREE CONSERVATION BOARD Minutes of June 5 , 1995 The Board held its regular meeting on Monday, June 5 , in the Commission Chambers. Present were : Hope Van Nortwick, Chairman Jim Pelkey Rick Beaver Staff: George Worley, Designee Carl Walker, Coordinator The meeting was called to order at 7 : 30 PM by Hope Van Nort- wick, Chairman, in the City Commission Chambers , after it was determined that a quorum was present. :)41r The first item of business was Board review and consideration for an Ordinance violation at Lot # 24 , Sevilla Gardens ( see attached letter of May 16 to Mr. M. A. Belto from George Worley) . Mr. and Mrs . Belto , owners of the property, were present and Mr. Belto outlined the circumstances which led to • the removal of the trees without first making application. He stated that the lot was purchased by them in June of 1994 and although there were no immediate plans for construction, he anticipated that within a year, building plans would be submitted. The Beltos , residents of Ponte Vedra Beach, were not aware that a tree removal permit was required in out City. Mr. Belto advised that a total of five ( 5 ) pine trees had been removed by he and Mrs . Belto and of those, only two ( 2 ) were 6" DBH or more and would be protected under the ordinance . The sizes were confirmed by Board members who had visited the property and were estimated to be 6" and 8" DBH respectively. After discussion among the Board members , a motion was made by Rick Beaver to defer any action on the incident until such time as the building plans/tree removal application had been presented for that lot . Hope Van Nortwick seconded and the motion carried unanimously. It was explained to the Beltos that the two trees removed would be taken into consideration when the application for removal of additional trees was pre- esented . It was also pointed out that if the lot was sold by the present owners, the trees removed without a permit would still be taken into account when construction was to take place and a tree removal application was filed. • • Under old business , the progress , to date , of the appointed Committee to review the Tree ordinance was discussed. Hope Van Nortwick advised that the Committee consisted of five ( 5 ) members , chaired by John Meserve , and that regular meetings were held each Thursday morning at 7 : 00 AM. John Meserve spoke on the progress made thus far by the Com- mittee and on specifics of the ordinance which were being addressed by them. In addition to questions presented by the Board , comments were made by visitors Curtis Sanders and Dorothy Kerber. George advised that the City Attorney, Alan Jensen, had been in touch with Safa Mansouri of Tiffany by the Sea regarding their failure to comply with the contractual terms for tree replacement on that property. Mr. Jensen will be back in contact with George or Hope as to further handling. Rick Beaver again brought up the re-occurring problem with failure to comply with ordinance requirements for barrica- ding of trees to be saved on construction sites . This issue has been discussed at the past several Board meetings . Rick stated that he was unable to locate any location where bar- ricades are in place . During Board discussion, it was agreed that the situation remains unresolved as enforcement of this • type of violation is not explicit as to staff responsibility. Hope advised that she would write a letter to the City out- lining the situation, requesting that a solution be deter- mined. George Worley advised that the dune cross-over at 16th Street was presently under construction. Rick Beaver moved to accept the minutes of the last meeting, as written. Hope Van Nortwick seconded and the motion passed unanimously. There was no further business and the meeting was adjourned at 8 :45 PM. Respectfully submitted , 5°.7)-11 / ', Jim Pelkey Secretary • - 2 -