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10-21-96 v • TREE CONSERVATION BOARD Minutes of October 21 , 1996 The Board held its regular meeting on Monday, October 21 , in the City Commission Chambers . Present were : Rick Beaver, Vice-Chairperson Judy Jacobson Mae Jones Rick Bell Staff: Carl Walker The meeting was called to order at 7 : 35 PM by Rick Beaver in the absence of Hope Van Nortwick, Chairperson. The first application for tree removal was on Lot #113 , Selva Lakes. Wayne Haddock, representing the builder, was present for review of this and the next three ( 3 ) applications. Board members reported that this lot was already cleared when they arrived for an on-site inspection. The application and site plan showed 4 palm trees with a total DBH of 54" for re- moval and 1 pine with a 12" DBH. Discussion followed, pri- marily on the removal of the trees prior to Board approval . Judy Jacobson moved to accept the application, as presented, with a notation that the removal has already taken place of 3 -18" DBH palms and 1-12" DBH pine ; replacement is required, on site , of 27" DBH palms or other hardwood trees, and 6" DBH of pine or other hardwood species. Mae Jones seconded and the motion unanimously passed. Mr. Haddock submitted a revised application for Lot #1 , Block #124 , Sec . H. as placement of the house was changed on the lot to comply with setback requirements. The only protected tree to be removed, according to the revised plan, was one 18" palm. The Board, however, voiced concern on a 21" DBH oak on the lot . While that tree is not proposed for removal , it was felt that the fill required on the lot would make it very difficult to save the tree. As a result, the Board recom- mended that it be removed. It was agreed that an 8" DBH oak to remain on the lot could be used as partial mitigation for the removal . That tree was so indicated on the site plan. Rick Bell moved to accept the application, as revised, to allow removal of a 21" DBH oak and 18" DBH palm and that an 8" DBH oak could become a protected tree for mitigation pur- poses; replacement must be made, on site, of 3" DBH oak and of 9" DBH palm or of a hardwood specie . The motion was se- conded by Mae Jones and unanimously passed. The next application was for removal at Lot # 6 , Block 124 , Section H . Again, Mr. Haddock presented a revised site plan which changed the quantity of trees proposed for removal . The revised plan calls for 1-6" DBH water oak to be removed and a total of 44" DBH of pine . After discussion, Rick Bell moved to accept the revised plans with the stipulation that the 44 ' DBH of pine must be replaced, on site, with 22" DBH of pine or hardwoods and the 6" DBH oak replaced with a 4" DBH oak. Judy Jacobson seconded and the motion passed unanimously. Board members noted that on Lot # 63 , Selva Lakes, again, the trees had already been removed from the property. Rick Beaver stated that when he visited the lot , he discussed the removal with a neighbor who advised that there were no oaks on the property and that the trees shown on the site plan appeared to be the only ones removed. It was calculated that 45" DBH of palms were removed and 14" DBH of myrtle . The Board discussed, at length, the removal of the trees prior to the permitting process . It was expressed that while it appeared that the applicant was acting in good faith, a pattern of such removal on property owned by this applicant seemed to be developing . The Board agreed to take up this later in the meeting . For this application, Judy Jacobson moved to accept the plans as presented for the removal of a total of 45" DBH of palms and 14" DBH of myrtles , including an 8" myrtle not shown on the application, and that replacement is required, on site , of a total of 22 . 5" DBH of palms , or any hardwood specie , and of 7" DBH of myrtle or other hardwood. Rick Bell seconded the motion which carried unanimously. Dean Russell , contractor/developer, was present for review of the next four applications, all in Block # 129 , Sec . H. The first was for Lot # 1 and a portion of Lot # 2 . According to the plans , the only protected tree proposed for removal was a 6" DBH pine . As mitigation, a 5" DBH oak and a 3" DBH maple were indicated on the plans to remain on the property. The Board also asked that a cluster of wax myrtles show for re- moval be saved. Mr. Russell agreed. Rick Bell moved to accept the application for removal of a 6" DBH pine to be mitigated with a 3" DBH maple and a 5" DBH oak shown on the plans to be saved and that the cluster of wax myrtles not be removed. Rick Beaver seconded and the motion passed unanimously. On Lot # 3 and part of Lot # 4 , the Board confirmed that the 12" DBH pine shown on the plans as "diseased" was not in a - 2 - condition to warrant its being saved. The protected trees on the lot are a 20" DBH pine, and a 10" and 12" DBH bay. The 42" DBH total would require 21" DBH . As mitigation, a 5" DBH oak and a 5" DBH bay were indicated on the plans to be saved, leaving a balance of an additional 11" DBH of hard- woods to be replaced. Mr. Russell asked that he be permitted to resubmit the plans as he felt there were additional trees on the lot which could be saved for mitigation purposes. The Board agreed and action on the application was deferred. The plans for portions of Lot # 4 & # 5 propose removal of an 8" DBH oak, a 15" DBH pine and a 6" DBH cottonwood. In- dicated on the plans were sufficient trees to remain on the lot as mitigation for all but the 8" DBH oak. After dis- cussion, Rick Bell moved to accept the plans as proposed with an addition to replace, on site, a 4" DBH oak. Mae Jones se- conded and the motion unanimously passed. Mr. Russell ' s final application was for portions of Lot # 5 and Lot # 6 , calling for protected tree removal of one 12" DBH pine and 2-15" DBH pines for a total of 42" DBH hardwood trees . There was also Board discussion regarding a 12" DBH pine indicated on the plans as a "hazard" . The Board agreed that this was accurate . A total of 19" DBH of hardwood trees are to remain on the lot as mitigation. Rick Bell moved to accept the application for removal of a total of 42" DBH of pine trees with mitigation as shown on the plans and a stipulation that replacement be made , on site of another 2" DBH of a hardwood tree specie. Rick Beaver seconded and the motion carried unanimously. Jerry Mitchell of Landmark Homes introduced himself to the Board for consideration of the application for Lot # 31 , Se- villa Gardens , Unit # 2 . Mr. Mitchell explained that this was his first time to appear before the Board and he was not familiar with some of the ordinance requirements . The Board calculated that there was a total of 18" DBH of protected pine to be removed and a total of 9" DBH oaks . It was also agreed by the Board that a 10" DBH pine to the front of the lot and which was not proposed to be removed could be used for mitigation. Rick Bell moved to accept the application for removal of 18" DBH of pine and 9" DBH of oak to be mitigated by saving the 10" DBH pine in the front of the lot and by replacement , on site, of a 4" DBH oak. Mae Jones seconded and the motion passed by a unanimous vote . - 3 - Under old business, Rick Beaver read the letter from Jim Jar- boe, City Manager, dated September 19 , to Hope Van Nortwick on the subject of enforcement of the Tree Ordinance ( copy attached) . The Board expressed appreciation for the steps taken by the City Manager to ensure ordinance compliance . Rick Beaver also advised that he had attended the meeting of the Community Development Board for the hearing of the vari- ance request by Kent Theaters for reduced parking and relief from the landscape ordinance at the renovated Atlantic Beach Theater. The Board did not grant either variance and the applicant is to return to the Board at their next meeting with revised plans . Considerable discussion followed on the incidents of clearing the lots at Selva Lakes by North Florida Classic Homes/Pulte Home Corporation prior to Board approval . It was decided to send a letter, attaching a copy of the applicable section of the ordinance, to the applicant informing them of action which may be taken if this practice continues . Carl will handle the correspondence and allow Board members a copy. George Worley will be asked to check for other lots in Selva Lakes which might be cleared by the owner without proper per- mitting and report on them at the next meeting . Mae Jones reported that she was still looking at nominated trees for the historic and/or specimen tree program and would continue to do so. Judy Jacobson moved to approve the minutes of the last meet- ing , as read. Mae Jones seconded and the motion unanimously passed. ' h no futher business , the meeting adjourned at 10 : 20 PM. ich rd Beaver cr tary - 4 - From : VanNortwick-904/2495585 Oct.21. 1996 03:12 PM P01 CITY OF �-c Fear% - '7eoaid . :,i�t 800 SEMJNOI.F ROAD • ATLANTIC BEACH,FLORIDA 32283-5445 •,� _ TELEPHONE(447.247 WO FAX(904) 5805 til1NCOM 862-5800 September 19, 1996 Hope Van Nortwick, Chairman Tree Conservation Board P.O. Box 50805 Jacksonville Beach, FL 32240 Dear Ms. Van Nortwick; Thank you for meeting with me to contribute your ideas to the issue of construction site inspections to assure compliance with the Tree Preservation Ordinance. Your suggestions were helpful and appreciated. Following our meeting, I met with the Building Inspector and the Community Development Director to determine at which points during construction the additional inspections should occur and who should conduct such inspections. An inspection shall be made at the beginning of each new building project to verify that tree protection measures are in place. Additional inspections may be performed, if necessary, during the period between the foundation inspection and the framing inspection to assure tree protection remains in place during this phase. The final Certificate of Occupancy inspection will include a mitigation compliance review to be conducted by the Building Inspector and the Community Development Director, I believe this revision to our inspection schedule will improve compliance with the Tree Preservation Ordinance and satisfy the Concerns expressed by you and the Tree Conservation Board. If 1 may be of any help to you in this matter, please do not hesitate to contact me. Sincerely, tNyN J Jarboe City Manager JJ/ph