05-20-96 v 4 .
TREE CONSERVATION BOARD
Minutes of May 20 , 1996
The Board held its regular meeting on Monday, May 20 , in the
City Commission Chambers . Present were:
Hope Van Nortwick, Chairman Mae Jones
Judy Jacobson Rick Bell
Rick Beaver
Staff: George Worley, Designee Carl Walker, Coordinator
The meeting was called to order by Chairman Hope Van Nortwick
at 7 : 35 PM.
The first item of business was review of the tree removal ap-
plication for Lot #31 , Sec . #1 , Oceanwalk. Property owners ,
Joe and Eleni Cruise , were present. Mrs. Cruise distributed
revised plans , noting any changes made. She also drew atten-
tion to a letter from "Big Ben' s Tree Service" (copy attached)
stating the condition of 3 trees on the lot proposed for re-
moval . There was discussion regarding the 44" DBH oak and
Rick Beaver agreed that he found that tree unhealthy.
It was pointed out that some of the trees shown as mitigation
did not qualify because of their size and/or location on the
lot. It was calculated that a total of 74" DBH or 30" DBH of
protected oak trees were proposed for removal , dependant upon
the Board' s decision on the 44" DBH oak.
Judy Jacobson made a motion to accept the trees surgeons jud-
gement on the condition of the 44" DBH oak, and to accept the
application, requiring mitigation for 30" DBH total oaks to
be removed, and for 12" DBH palms. There was no second.
Mr. Cruise pointed out that the ordinance allowed the Board
to grant relief for mitigation requirements in some cases and
he felt it would be in order on this application due to the
large number of trees to be left on the lot.
Hope Van Nortwick moved to accept the application with the
stipulation that 15" DBH of oak be replanted on site, or do-
nated to the Tree Fund, and that the applicant choose, at the
meeting , which option they would take. Judy Jacobson seconded
and the motion unanimously carried.
Mrs . Cruise restated that a multitude of trees would remain
on the lot and it was unfortunate these could not be used as
mitigation. Hope Van Nortwick explained the Board' s respon-
sibility to comply with the ordinance and outlined the appeal
process to the applicant .
Builder Rich Giles , and property owner Dean Piacente were
present for the review of the plans for Lot # 28 , Unit #1 ,
Oceanwalk. Tree sizes were verified as they were not clear
on the photo copies. There was discussion regarding trees to
be left on the lot for mitigation purposes . The applicant
asked the Board to consider, as mitigation, a large cedar
tree to remain on the lot. It was pointed out that the ordi-
nance allows only oaks to be used as credit for oaks removed.
Mae Jones moved to accept the plans , as presented, with 30"
DBH of oak trees to be replaced on site or donated to the
City Tree Fund as mitigation, 17" DBH of which has been iden-
tified on the lot as preserved. In addition, one palm tree
on the lot must be designated as a protected tree. The motion
was seconded by Rick Bell and passed unanimously.
Tony Munoz , representing North Florida Classic Homes , intro-
duced himself to the Board for the review of the four appli-
cations submitted for tree removal at Lot # 1 , Lot # 2 , Lot
# 3 , and Lot # 6, Block # 124 , Sec . H. Prior to discussion,
Hope Van Nortwick pointed out that the plans did not comply
with Section 8b of the application as the proposed building
footprint was not shown on the plans . Rick Beaver brought up
that more trees were marked for removal on the sites than
shown on the plans. Mr. Munoz explained that some were for
identification only, not removal .
Following additional discussion, Rick Bell moved to reject
taking action on the applications until they were complete.
Rick Beaver seconded and the motion unanimously passed.
George Worley advised that, in error, the next application
for property at Lot #3 , Block #24 , A. B. subdivision, had not
been placed on the agenda. These plans were reviewed at the
April 15 Board meeting at which time action was deferred so
that the applicant could reconsider mitigation options. The
property owners , Mr. & Mrs. Kane, were again present. Hope
Van Nortwick declared a conflict of interest for review and
action on this application.
Mr. Kane outlined the changes made on the revised application
including trees to remain on the property as credit. During
discussion, it was determined that the only additional re-
quirement to be met would be replacement of 12" DBH palms.
Rick Beaver made a motion to accept the plans with the ad-
dition that 12" DBH of palm, or of any hardwood tree, be
replaced on site . Mae Jones seconded and the motion passed
unanimously.
Kelly Hardwig, landscape architect for Site Options , Inc. ,
introduced himself to the Board, advising that an application
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would be forthcoming on an Oceanwalk lot . He explained that
the lot was heavily wooded, making it difficult to correctly
survey all of the trees and to determine which trees could be
used as mitigation for those proposed for removal . Following
discussion, the Board recommended procedures for Mr. Hardwig
to follow prior to presenting the tree removal application.
The Board reviewed a copy of the building inspection permit,
discussing the changes made. Hope will meet with Don Ford,
building inspector, to discuss procedures to best allow for
enforcement of Board requirements during inspections.
Rick Beaver again inspected the oak trees planted by Tiffany
by the Sea at Saturiba St. and expressed that at least 3 of
the oaks were dead and others were in such poor condition
that they would not survive . He attributed this to Tiffany
not fulfilling their obligation. George will contact the City
Attorney and also notify the Code Enforcement Officer.
In additional business , Rick Beaver advised that he inspected
3 random sites where tree permits had been issued but tree
replacement requirements had not been met. He , and other
Board members, voiced concern over the lack of follow-up or
enforcement. Rick will write a personal letter to the Mayor.
The topic of what would constitute a "hardship" in cases of
mitigation was brought up and discussed. It was agreed, by
consensus, that only an extremely rare situation would allow
the Board to deviate from ordinance requirements . This could
only be considered if requests were made in writing and al-
lowed for a 30 day review period by the Board as outlined by
the Ordinance.
Rick Bell moved to approve the minutes of the last meeting .
Judy Jacobson seconded and the motion carried unanimously.
There was no further business and the meeting adjourned at
11 : 05 PM.
Respectfully submitted,
(A:14_52, Fo-V—
Richard Beaver
Secretary
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MAY 14 , 1996
MR. JOE CRUISE
3IS GARDEN LANE
ATLANTIC BEACH, FLORIDA 32233
RF: LU! 31 - BEACHCOMBER TRAIL
OCEAN WALK SUB ,
DEAR MR, CRUZ SF.:
AFTER FETING WITH YOU AND MR. KICKLIWHTER TO REVIEW THE
TREES LOCATED UN THE ABOVE REFERENCED PROPERTY, MY
PROFESSIONAL OPINION IS AS FOLLOWS :
44" LIVE OAK TREE IS HOLLOW AND LEANING
AT A 45 DEGREE ANGLE, WE RECOMMEND THAT
IT BE RLMDVED DUE TO THE TREE BEING A
HAZARD TO PROSPECTIVE HOMEOWNER.
18" BAT TREE (RECOGNIZED AS A 33" OAK
TREE UN TREE SURVEY) IS ALSO HOLLOW AND
WE RECOMMEND IT BE RE)CVEI) AS WELL.
3U" OAP TRFF. IS A SOUND, HEALTHY
TREE (RECOGNIZED AS UNMARKED TREE
ON TREE SURVEY)
IF YOU SHOULD NEED ANY FURTHER INFORMATION, PLEASE FEEL FREE
TO CONTACT OUR OFFICE AT THE NUMBER LISTED BELOW,
SINCERELr,
ENNET G , GEIGER.
PRLSIDENT
Big Ben's Tree Service . 2717 St. Johns Bluff Road . Jacksonville. FL 32216 . (904) 641-1131