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08-16-99 v AGENDA 411 REGULAR MEETING OF TREE CONSERVATION BOARD August 16, 1999 7:30 p.m. City Hall Conference Room 1. Call to Order 2. Recognition of Visitors 3. Old Business A. 1) None 4. New Business A. Tree Removal Applications 1) City Right-of-Way south side of Donner Road near Sandpiper Lane (All) • 5. Reports and Announcements A. Review of Draft Memo regarding Tree Removal on Public Property B. Review of Action Taken on Property Owned by Merve Russell C. Review of Draft Historic Tree Preservation Ordinance D. Review of Tree Removal Application 6. Approval of Minutes of Meeting of August 2, 1999 7. Approval of Minutes of Special Called Meeting of August 5, 1999 8. 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 40 be based. MINUTES OF • TREE CONSERVATION BOARD August 16, 1999 A regular meeting of the Tree Conservation Board was held Monday,August 16, 1999,in the City Hall Conference Room. Present were Mae Jones, Chairperson,Richard Bell,Eloise Koerber and Staff Member George Worley. The meeting was called to order by Chairperson Mae Jones at 7:33 p.m. 3.A.Old Business/Tree Removal Applications 1. None 4.A.New Business/Tree Removal Applications 1. City Right-of-Way south side of Donner Road near Sandpiper Lane. George Worley acted on behalf of the City as its Agent in this application. The Board members stated that there were more trees marked to be removed than were indicated on the survey. George Worley stated that he would make sure that only the trees listed on the application are removed. After further discussion,Richard Bell moved to accept the application with the stipulation that the applicant attempt to move the 17"and 20"palm trees to a location nearby and,that the applicant replace 7"of hardwood which, if the applicant is going to replace it on 18th Street,then it should be a salt tolerant hardwood tree. Eloise Koerber seconded and the motion carried. 5. Reports and Announcements • A. Review of the Draft Memo Regarding Tree Removal on Public Property: After reviewing the draft memorandum and suggesting changes,the Board approved the language in the memo. The Board agreed that the memo should be signed by Chairperson Mae Jones, and that the memo should be submitted to the Commission for its next meeting. Eloise Koerber so moved. Richard Bell seconded and the motion carried. B. Review of Action Taken on Property Owned by Merve Russell: The Board decided to notify Merve Russell that the Board consider at their next meeting a motion to rescind their previous action relating to Mr. Russell's property. C. Review of Draft Historic Tree Preservation Ordinance: It was determined that the Tree Conservation Board would wait for the third price quote for preparing a survey before proceeding further with the draft of the Historic Tree Preservation Ordinance. D. Review of Tree Removal Application: The Board discussed additional changes to the Tree Removal Application. George Worley will make the revised changes and will begin using the new application. E. Other Business: Northwest Corner of Donner and Francis: Chairperson Mae Jones brought to the Board's attention that there were no trees at the new construction site of the white duplex at the northwest corner of Donner and Francis. According to the Tree Ordinance,before the owner can get a certificate of occupancy,the owner must plant a tree. George Worley stated that there is a pine tree in the back yard that is approximately 40"in diameter. • • Minimum Tree Requirements for New Construction Lots with No Trees: Chairperson Mae Jones • would like the members of the Board when driving around to take note when people are building on lots that have no trees. House in the middle of block on the north side of 19th Street: Richard Bell believes the applicant took out additional trees, one in the back yard and one on the west side. 6. Approval of Minutes of Meeting of August 2, 1999 Eloise Koerber moved to approve the Minutes of the meeting of August 2, 1999; Richard Bell seconded and the motion carried. 7. Approval of Minutes of Meeting of August 5, 1999 Eloise Koerber moved to approve the Minutes of the meeting of August 5, 1999; Richard Bell seconded and the motion carried. There being no other Iusiness before the Board, the meeting was adjourned at 9:00 p.m. If) �d Bell ecretary • 4111 WILLIAM A. QUATTRUCCI, JR., P.A. 0 . ,A..ttoiyie. sytt_raw- 333 First Street North, Suite 305 Jacksonville Beach, Florida 32250 Licensed in the States of Rhode Island&Florida Telephone (904) 249-7583 Facsimile (904) 249-0841 August 17, 1999 City of Atlantic Beach, Florida Tree Conservation Board C/0 George Worley, II, City Planner 800 Seminole Road Atlantic Beach, Florida 32233-5445 Re: David E. Lewis'Request for Modification Concerning Mitigation for Tree Removal at 750 Mayport Road Dear Mr. Worley and Tree Conservation Board Members: The Tree Conservation Board held a meeting on Monday, June 7, 1999, in the City • Hall Commission Chambers. Present were Mae Jones, Chairperson, Richard Bell, Camille Hunter, Judith Jacobson, and Staff Members George Worley and Susan Dunham. The Board reviewed and made a determination concerning a tree removal permit application submitted by David E. Lewis for two trees at 750 Mayport Road. The Board accepted the application noting 78" of tree removed. The Board found there to be one cedar tree with roots attached, but could not determine the species of the second tree with all the brush located at the lot and the tree being sawed off with no roots attached. . Pursuant to the Atlantic Beach Code, Article II, Section 23-17, The Board determined that because the trees were cut before the application was accepted, all 78" will need to be mitigated with hardwood. David E. Lewis did not attend the hearing on June 7, 1999, based on advice from his rental manager, Harold Mathews, who conversed with George Worley concerning the mitigation. Mr. Lewis was not properly advised by Mr. Mathews, did not fully understand that he was giving up his opportunity to be heard, and was not familiar with the Atlantic Beach Code. Mr. Lewis respectfully requests that The Board allow him to be heard. Pursuant to Atlantic Beach Code, Article II, Section 23-25, Mr. Lewis requests that The Board • modify the standards for mitigation as they were applied to him on June 7, 1999. The Board may grant, modify or deny the request based on protection of the public's Page 1 of 3 • interest, preservation of the intent of this article, or possible unreasonable or unnecessary hardship involved in the case. In support of Mr. Lewis'request he states • the following: Mr. Lewis was not aware of the City's Ordinance requiring him to submit an application for a permit to remove the trees. If Mr. Lewis had been aware that a permit was required he would have applied for one. He did not have intentions to deceive The Board or the public. In fact, Mr. Lewis discussed his plan to remove the trees with Atlantic Beach Building Inspector, Don Ford, and the estimator for Dawson Developer, land clearing and developing experts. Those meetings were held on the site. Mr. Lewis was never notified of the need to apply for a tree removal permit and it never occurred to him that such a permit was required. It doesn't seem fair to penalize Mr. Lewis on account of information not being disseminated to the public regarding the protection of trees, maintenance, removal, and planting of trees, as it should pursuant to Atlantic Beach Code, Article II, Section 23-19(h). The Board accepted the application and the number of inches of tree that was removed as noted in the application as 78". The Board found the cedar tree with roots attached, but could not determine the species of the second tree. The second tree may have been of the type not protected and therefore not require mitigation. If the second tree does not require mitigation than it would seem appropriate to adjust the number of inches of tree that requires mitigation. The cedar tree obstructed the public's ability to view oncoming traffic when moving out • onto Mayport Road from West 7th Street. Pursuant to the Atlantic Beach Code, Article III, Section 24-177(h), where an accessway intersects with another accessway within a vehicular use area, cross visibility shall be unobstructed at a level between two (2) and eight (8) feet above elevation of adjacent pavement. In addition, the cedar tree interfered with and damaged underground water pipes located at the property. Also, there are power lines lying on the ground at the site where the tree was located. The cedar tree's location may have been in violation of Atlantic Beach Code, Article II, Section 23-17 (c)(2), which requires trees not to be placed where they interfere with city drainage or where they will require frequent pruning in order to avoid interference with overhead power lines. Additionally, no owner or person in control of any lot, place or area within the city shall permit between the right-of-way/property line, any weeds, grasses or other deleterious, unhealthful growth to exceed a height of twelve (12) inches pursuant to Atlantic Beach Code, Article II, Section 23-36. Also, now that the trees are removed from 750 Mayport Road, the tree canopy is consistent with the adjacent lots. Pursuant to Atlantic Beach Code, Article II, Section 23-19(g), in determining mitigation, The Board must consider the existing tree canopy of the lot and the tree canopy of adjoining lots. Mr. Lewis understands that the intent of Article II is to promote the health, safety and welfare of the current and future residents of the City of Atlantic Beach, and he realizes the necessity for mitigation. However, Mr. Lewis feels that Atlantic Beach • Code, Article II, Section 23-17 was improperly applied under the circumstances of this case. Page 2 of 3 Please bear in mind the foregoing circumstances in your reevaluation of Mr. Lewis' • • case. Thank you for considering Mr. Lewis'request for modification. �Sinccerely, c�// r- , • William A. Q , �Luv ttrucci, Jr., Esquire Florida Bar No.: 0142697 CC: David E. Lewis • • • 4,-- Page 3 of 3