Loading...
04-15-96 v TREE CONSERVATION BOARD Minutes of April 15 , 1996 The Board held its regular meeting on Monday, April 15 , 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 Hope Van Nortwick called the meeting to order at 7 : 35 PM. The first item of business was consideration of the tree re- moval application for property described as Lot #38 , Unit #4 , Oceanwalk. Mr. Jim Lee of Mariah Homes , Inc . was present for the review of the application. Discussion followed with Mr. Lee to confirm which trees were proposed for removal since the application, site plan, and actual markings at the site did not coincide . It was also noted that no trees were flagged in blue to indicate those to be left existing on the property for credit/mitigation. It was determined that protected trees , by ordinance, to be removed were two oaks , each 10" DBH and one palm with a 12" DBH . Hope explained to the applicant the options available for mitigation under the new ordinance . It was suggested that Mr. Lee correct the application and the site markings if ex- isting trees were to be used for credit , and to return to the Board at the next regular meeting for action on the plans . Mr. Lee was unwilling to do this . Rick Beaver made a motion to accept the application with the requirement that 16" DBH of oak trees be replaced on the lot . The motion was seconded by Rick Bell and passed unanimously. Hope Van Nortwick declared a conflict of interest on deliber- ation of the next application for property on Ocean Boulevard described as Lot # 3 , Block # 24 , A. B. subdivision. She also relinquished the chair to Rick Beaver for discussion of this item. The property owners , Mr. & Mrs . Kane , were present . Mr. Kane advised that although it was his intent to save the 30" DBH magnolia on the lot, it was found this was not pos- sible since construction would damage the tree root structure to the extend that the tree would not survive and would re- quire removal at a later date . Board members agreed. The removal of the 30" magnolia was added to the application and it was determined that a total of 44" DBH hardwood trees were proposed for removal , including one ( 1 ) 6" oak, and a total of 54" DBH palm trees . After discussion of the options available as mitigation, the applicants agreed to return at the next meeting in order to resubmit the application. By consensus , the Board decided to defer action on the item un- til the next meeting . Hope distributed to the Board copies of the correspondence (attached ) to Mr. Mansouri on the failure to replace the dead trees at Saturiba Dr. George advised that the violation would go before the Code Enforcement Board at their next meeting. Further discussion followed on the designation of specimen trees and ways of accomplishing this task were suggested or decided upon. Hope announced that David Matchett of 5th Street who appeared before the Board at the last meeting as an applicant had re- considered the Board ' s recommendation and was saving the two magnolias at the front of the lot . It was suggested that a letter be sent by the Mayor or City Commission thanking Mr. Matchett for this effort . Mae Jones brought up for discussion the continuing problems being experienced since adoption of the new tree ordinance , primarily in the area of mitigation. Since applicants do not appear to be familiar with the ordinance , it has become in- cumbent on the Board to explain the options available and for the mitigation to be determined at the time the application is reviewed rather than by the applicant prior to filing . Following discussion, the Board agreed that in the future , action on applications will be deferred in instances where changes are to be made including the use of trees for credit or mitigation for those being removed. George passed around a sample of the revised building per- mit card. Discussion followed on the card as well as the inspection process . George was asked to further change the card entries as related to the second inspection for com- pliance with the tree ordinance and permit requirements . - 2 - Judy Jacobson made a motion to approve the minutes of the last meeting , as read. Mae Jones seconded and the motion passed unanimously. There was no further business and the meeting adjourned at 9 : 20 PM. Respectfull,! submitted , R cha . Beaver S re ary - 3 - • Apnl 10, 1996 Jim Jarboe City Manager 800 Seminole Road Atlantic Beach, Florida 32233 Dear Mr. Jarboe, It has recently come to the attention of the Tree Conservation Board that trees planted along Saturiba Drive by PDB, Inc. (represented by Mr. Sofa Mansouri) have failed to survive. These trees were planted to fulfill the agreement negotiated in 1991 between the City of Atlantic Beach and Tiffany by the Sea. This agreement and subsequent modifications of this agreement clearly specify that the planted trees be guaranteed for a period of one year. Mr. Mansouri has been notified in writing (a copy of this letter attatched) of the situation and was given until April 1, 1996 to correct the condition. To date no action has been taken. Given these circumstances and the fact that it has taken five years to begin to enforce the conditions agreed to by the developer, the Tree Conservation Board hereby notifies the City Manager, City Attorney and Code Enforcement Officer of the violation and requests that immediate action be taken. If the letter prepared by Mr. Worley on March 14, 1996 does not constitute "notice of violation" I respectfully request that appropriate notice be issued by the city and action to resolve the matter be implemented without delay. The Tiffany development is close to completion and the developer has had an extreme length of time to comply with the agreement. Yo rs Truly, zjutit 164.4 \.; Hope • Nortwick Tree ..ervation Board Chair CC: Lyman Fletcher, Mayor George Worley, Community Development Director Karl Grunwald, Code Enforcement Officer Alan Jensen, City Attorney ,tet H 1 ire; 11996 • y� �; . CITY OF 800 SEM3INOLE ROAD 9 'E�--------- ATLANTIC BEACH, FLL)NIDA 32233-5445 • t1 TELEPHONE(904) 247-5800 ' ?:, 1 FAX (904) 247-5805 March 14, 1996 Sala Mansouri PBD, Inc. 1100 Beach Boulevard Jacksonville, FL 32246 re: Replacernen ees on Saturiba Drive Dear Mr. Mansouri. As you are aware the replacemer: ees planted by you on Saturiba Drive were to be guarranteed for a period of on: 'ear by the installer. It is my understanding that PBD, Inc. installed the trees <- :1 is therefore responsible for there replacement should they die durin, :-,e first year. This one year period was agreed to by both you ana the ; Conservation Board. It is apparant that several of those -ees failed to survive and that several more may riot survive much longer. Giv, , the weather conditions of this past winter, it is understandable that transplante. trees may not survive, however the trees must be replaced per the agreement. 1- :ase arrange to inspect the trees and to install replacements for the dead trees p -)r to April 1 ; 1996. If you are unable to comply within that time period, pie ;e contact me. If you have any questions, or desi; any additional information regarding this matter, please do not hesitate to c ,itact me at City Hall. Sincerely, !.j�:� /"///i, %,- -- George Wort"ey, II Community Development Director