07-16-96 v TREE CONSERVATION BOARD
Minutes of July 15 , 1996
The Board held its regular meeting on Monday, July 15 , in the
City Commission Chambers . Present were :
Hope Van Nortwick, Chairman Rick Bell
Mae Jones
Staff: George Worley, Carl Walker
The meeting was called to order by Chairman Hope Van Nortwick
at 7 : 35 PM.
The Board deferred action on the application for property at
135 13th Street until later in the meeting as there was no
representative of the property owner in attendance.
Mr. Ed Dever, Comptroller of Sandar Industries , addressed the
Board and reiterated some of the points brought out in his
letter of July 11 ( copy attached ) . Jim King , landscape archi-
tect for the project, reintroduced himself to the Board and
gave additional specifics of the proposal and answered ques-
tions asked by Board members.
During Board discussion, it was emphasized that if a reduc-
tion in full mitigation requirements was to be considered, it
must be clearly outlined in the motion why such action was
being proposed by the Board. Concerns were expressed by mem-
bers on setting a precedent by deviating from the ordinance
and/or accessing less than full mitigation requirements. The
circumstances in this case which allowed such consideration
to be given were reviewed.
Hope Van Nortwick moved that the Board accept plan # F2 , as
proposed, with the additional stipulation that ten ( 10 ) more
River Birch or Laurel Oaks be added to the replacement tree
plan in the buffer zone areas and that the area to the south-
east of the property not be cleared until the wetlands permit
has been approved and issued. Hope noted for the record, and
as a part of the motion, that the deviation from the Code was
being suggested based on the fact that she felt the applicant
had made an extreme effort to comply with the intent of the
code; that they must satisfy several governing bodies includ-
ing water management retention requirements and landscape or-
dinance requirements as well as the tree ordinance, creating
an additional burden. Further, the proposed development of
the property will improve the site - actually making a better
looking site than is the existing one. In addition, the dol-
lar amount , in this case, would be extraordinary in order to
comply with the code as it exceeds an additional $15 , 000 , an
excessive amount in addition to the landscape improvements.
Finally, the mature size and species of the trees being pro-
posed for replacement , to some extent, act as mitigation for
the trees to be removed.
The motion was seconded by Rick Bell and passed unanimously.
Some discussion followed with the applicant regarding the re-
quirements of the additional ten ( 10 ) replacement trees. The
appeal process was also explained to Sandar Industries.
Robert Martens , contractor, introduced himself to the Board
for review of the application for Lots #4 and #5 , Block #44
and #45 , Section H, and explained that the tree removal on
commercial property is for construction of a business. Mem-
bers who had been on site expressed that the tree survey was
in error as some of the trees identified as multi-trunk oaks
were actually wax myrtles and were not multi-trunked. Mr.
Martens was given the option of returning to the Board at the
next meeting with a corrected survey or for the Board to con-
sider the application in its present form at this meeting.
It was explained to Mr. Martens that it would be to his ad-
vantage to resubmit a revised survey to show the correct size
and specie of the trees proposed for removal since that would
reduce the mitigation requirements . The applicant chose to
have the application acted upon in its present form.
During further discussion, it was calculated that a total of
141" DBH of trees were proposed for removal , requiring miti-
gation of 70 1/2 " DBH. Of that amount, 36" DBH are to be
replanted on site, according to the plans, leaving a balance
of 34 1/2 " DBH to be mitigated. The applicant chose to con-
tribute this cost to the City tree planting fund.
Hope Van Nortwick moved to accept the plan, as proposed, with
the stipulation that the removal of the protected trees be
mitigated in the following manner: 36" DBH to be replanted on
site and the value of 34 1/2" DBH be contributed to the tree
fund. Mae Jones seconded; the motion carried unanimously.
Although there was still no representative present for review
of the tree removal at 135 13th Street , the Board decided to
act on the application. The removal of one 12" DBH palm tree
is mitigated by other palms to remain on the property and are
so identified on the survey for that purpose. The one pro-
tected 13" DBH magnolia proposed for removal requires 6 1/2"
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DBH of hardwoods as replacement . One 5" DBH bay tree is in-
dicated on the plans to remain on the lot for mitigation.
Hope Van Nortwick moved to accept the proposal , as presented,
with the stipulation that the applicant replace an additional
1 1/2" DBH hardwood tree either on site or by contribution to
the tree planting fund. The applicant must decide by the next
meeting date which option they will take . Mae Jones seconded
and the motion unanimously carried.
Warren Mack, property owner, reintroduced himself to the
Board, asking for reconsideration on the application for tree
removal at East Coast Drive and 12th Street. The application
was acted upon at the Board meeting of July 1 and required
that mitigation be made for the 81" DBH oak tree to be re-
moved from the lot .
Subsequent to the July 1 meeting , it was determined that the
mitigation cost , based upon a contribution to the City tree
fund for 40 1/2" DBH of oaks, would be approximately $3300 .
Mr. Mack expressed that he felt this amount to be excessive.
He pointed out that the lot was small ( 50 'x 100 ' ) and would
not accommodate this quantity of replacement trees on site.
He also reminded the Board that he is allergic to oaks.
Following Board discussion on the request , Hope Van Nortwick
advised that a motion would be required to reduce the miti-
gation originally assessed. No such motion was offered and
the action taken on the application at the previous meeting
remains in effect .
Under old business , George Worley advised of the settlement
reached by the attorneys on the tree planting by Tiffany by
the Sea at Saturiba. Mr. Mansouri remitted a check for $300
in full settlement for the incident and it was not heard by
the Code Enforcement Board. The City will be responsible for
maintenance of the replacement trees . Discussion followed on
the process involved in reaching this settlement. Hope will
send a letter requesting specifics of the settlement and the
procedure to be followed in the event of future violations .
A typographical error on page 2 of the minutes was corrected.
Mae Jones moved to approve the minutes, as corrected. Rick
Bell seconded and the motion passed by a unanimous vote.
With no further business , the meeting adjourned at 9 : 15 PM.
(20 (0424—
Richard Beaver
Secretary
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