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