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03-26-03 vAGENDA REGULAR MEETING OF TREE CONSERVATION BOARD March 26, 2003 7:00 p.m. Adele Grage Community Center 1. Call to Order 2. Recognition of Visitors 3. Approval of Minutes of Meetings of March 6, 2003, and March 12, 2003 4. Old Business None. 5. New Business A. Tree Removal Applications: 1. 725 Atlantic Boulevard (North Beach Center) 2. Lot 6 and 7, Block 16 3. 385 Fifth Street 4. Lot 6, Block 164, Section H 5. 327 Plaza B. Discussion of tree removal on road and utility easement for Paradise Preserve 6. Reports and Announcements 7. Adjournment All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Building Department located at 800 Seminole Road, Atlantic Beach, Florida. If any person decides to appeal any decision made by the Tree Conservation Board with respect to any matter considered at the above meeting, he or she 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 includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than five days prior to the date of this meeting. MINUTES OF -~ TREE CONSERVATION BOARD March 26, 2003 A regular meeting of the Tree Conservation Board was held Wednesday, March 26, 2003, at Adele Grage Community Center. Present were Chair Barbara Mears, David Owens, Bill Permenter, Maureen Shaughnessy, Deputy Building Official Larry Higgins and Susan Dunham. 1. Call to Order The meeting was called to order at 7:02 p.m. 2.Recognition of Visitors None. 3. Approval of Minutes of Meetings of March 6, 2003, and March 12, 2003 A motion was made by Board Member Shaughnessy, seconded by Board Member Permenter, and unanimously carried to approve the Minutes of the Tree Conservation Board meeting of March 6, 2003. A motion was made by Board Member Permenter, seconded by Board Member Owens, and unanimously carried to approve the Minutes of the Tree Conservation Board meeting of March 12, 2003. 4. Old Business None. 5. New Business: A. Tree Removal Applications: 1. 725 Atlantic Boulevard: Moved to the end of New Business. 2. Lot 6 and Lot 7, Block 16: Mr. John Rowan introduced himself and stated that he designed the house for the Witherspoons. The Board determined that three protected trees were being removed, two 14" palms and a 13" palm. Discussion was held and it was determined that the applicants could use palms from their adjoining lot for mitigation. A motion was made by Board Member Owens, seconded by Board Member Shaughnessy, and unanimously carried to direct the Building Official to issue a permit for the removal of 41" of palm to be mitigated on site with 28.75" of palm. Deputy Building Official Higgins stated that this approval was contingent upon delivery of a new survey. 3. 385 Fifth Street: Mr. Daryl Grubbs introduced himself. He stated that he attempted to shift the house forward but it became too tight so he was at this meeting to request a change to his original application. He further stated that he was able to save the 14" bay and the 24" palm at the front of the lot. The Board determined that the 10" elm and the 18" water oak were diseased or dying and the applicant needed to mitigate for the removal of a 12" palm and a 14"palm. A motion was made by Board Member Permenter, seconded by Board Member Owens, and unanimously carried to direct the Building Official issue a permit for the removal of a 12" tl~linutes of Tree CaJServadon Board ~larcli 26, 2003 Page 2 palm and a 14" palm to be mitigated on site with a 6" black olive, a 5.75" cherry and a 3.5" gum. 4. Lot 6, Block 164, Section H: Mr. Larry Smallwood introduced himself. He stated that he centered the building on the lot and moved it as far back as possible in an attempt to save the two double oaks but was still unable to do so. The Board determined that the applicant was removing 87.5" of oak. A motion was made by Board Member Shaughnessy, seconded by Board Member Permenter, and unanimously carried to direct the Building Official to issue a permit for the removal of 87.5" of oak to be mitigated on site with an 18.15" oak, a 10.x" oak, a 12.10" oak and a 5" oak. 5. 327 Plaza: Mr. Robert O'Neill introduced himself. Chair Mears stated that the applicant was not removing any protected trees. A motion was made by Board Member Owens, seconded by Board Member Permenter, and unanimously carried to direct the Building Official to issue a permit for the removal of 53.5" inches of palm with no mitigation required. B. Discussion of Tree Removal on Road and Utility Easement for Paradise Preserve. Mr. Paul Nichols of Bestcon, Inc. introduced himself. He stated that the Tree Ordinance was fairly specific as it related to a building lot with regard to internal areas, external areas and the right-of--way. In addition, he stated that the Tree Ordinance provides a level of protection to homeowners with respect to trees on a lot and he suggested that a parallel exists with his proposal even though he was creating a private road. Board members stated that the Tree Ordinance addressed lots, not a "piece of land." He suggested that the Board consider that the right of way for the private road be treated as an internal zone in a lot in that trees of 20" or larger would be considered protected and trees under 20" could be removed without a penalty. He proposed that he would mitigate with trees in the right-of--way at the ratio of 50 percent of the diameter at breast height of 20" or larger. Mr. Nichols advised that the City of Atlantic Beach Public Works Department sets the specifications for the roads and rights-of--way in Paradise Preserve. In response to a question from Board Member Owens, Mr. Nichols advised that he could save more trees if he were allowed to build the road the ~vay that he would like. Board Member Owens asked if Public Works was immune from the Tree Board. Chair Mears advised that Public Works did not fall under the authority of the Tree Ordinance. Mr. Nichols stated that this issue falls within the scope of the Tree Ordinance because it is a private road. Mr. Nichols further advised that Public Works would inspect and approve the road, sewer and water work. Board Member Permenter expressed concern with regard to whether or not this Board had the authority to make an exception to the ordinance. Discussion was held with regard to holding a workshop with department heads and the City Attorney. A motion was made by Board Member Shaughnessy, seconded by Board Member Owens, and unanimously carried to request that a workshop be scheduled with City Attorney Alan Jensen, Community Development Director Sonya Doerr, Public Works Director Bob Kosoy, Building Official Don Ford and the Tree Conservation Board Members to discuss tree removal on road and utility easement for Paradise Preserve. Nlrnutes ojTree Ca-tservation Ijoard eVlarch 26, 2003 Page 3 Ms. Pam Spencer introduced herself and stated that she was a concerned citizen. She stated that she felt that this piece of property was e:ctremely valuable to the City of Jacksonville and the City of Atlantic Beach. She further stated that she felt very strongly that the integrity of this property be maintained and hoped that a limitation would be set of one house per acre. Ms. Spencer advised that she had spoken with North Florida Land Trust who works with landowners and developers to attempt to save portions of property with conservation easements and hoped that Mr. Nichols would be open to this idea. 5. New Business Tree Removal Application: 1) 725 Atlantic Boulevard: The applicant was not present. The Board determined that the applicant did not fill out the application correctly. A motion was made by Board Member Permenter, seconded by Board Member Owens, and unanimously carried to defer the application until a correct application is submitted. 6. Reports and Announcements None. 7. Adjournment ~, There being no other business or discussion, the meeting was adjourned at 8:30 p.m. Barbara Mcars, Chair