Item 8C~•
AGENDA ITEM #8C
FEBRUARY 23, 2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 19th Street Tree Canopy Preservation Corridor Ordinance
SUBMITTED BY: Don Ford
DATE: 02/1X04
BACKGROUND: The Tree Board has recognized the need for protection of the
tree canopy in the Selva Marina area of 19`h St. and adjacent
streets. They have identified a trend toward removal of many
parts of the original canopy in this area. This was prompted
by the removal of several trees in the area by developers of
three lots last year. Several trees on Hickory Lane were
removed from the right of way by a homeowner in 2002. A few
more trees were removed by the public works street
improvement project in 2002.
.This subdivision was developed with tree preservation in mind.
The original developer realized the value of the tree canopy.
The streets were laid out with curves and islands to preserve
trees whenever possible. The covenants and restrictions
~,,, required the footprints of the houses to be built around large
trees. There is no longer a home owners association for this
subdivision therefore part of the protective element created by
~. the developer is no longer effective.
BUDGET: Tree Survey to be submitted for approval.
ATTACHMENTS: Map of Area.
RECOMMENDATION: The board has created a suggested ordinance to develop a tree
~ canopy protection corridor for the area known of Selva Marina
Units 10 through 12. Recommended for first reading.
REVIEWED BY CITY
MANAGER:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 23, VEGETATION: CREATING A
'"' TREE PRESERVATION PROGRAM; PROVIDING
GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING
PRESERVATION INCENTIVES AND REQUIREMENTS;
~`" PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE:
AGENDA ITEM #8C
FEBRUARY 23, 2004
WHEREAS, The City of Atlantic Beach has a number of tree lined streets
which exhibit special scenic value to the citizens of the City, and
WHEREAS, The City recognizes a duty to protect and enhance those
roadways which serve as scenic corridors in the City, and
~„ WHEREAS, To protect and enhance these roadways, the City Commission
has determined that certain roadways or portions thereof, shall be designated as
Tree Preserve Corridors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Intent. It is the intent of the City Commission in designating
Tree preserve corridors to protect significant tree coverage and landscaping from
destruction and to enhance the aesthetic appearance of certain streets within the
city.
SECTION 2. Designation of Tree Preserve Corridors. The City Commission
may from time, to time designate, by ordinance, Tree Preserve Corridors. In so
doing, the City Commission will specifically identify those streets, or portions
thereof, which shall be so designated. In considering whether roadways or
portions thereof shall be designated as Tree Preserve Corridors, the City
Commission may consider the following criteria:
(a) The presence of historically significant tree coverage or landscaping, as
individual plants or in groupings.
(b) The presence of significant historic or architectural structures with
associated tree coverage or landscaping.
AGENDA ITEM #8C
FEBRUARY 23, 2004
(c) The presence of culturally significant tree coverage or landscaping.
(d) Request from private property owners that colonnades on their property
shall be so designated.
SECTION 3. Effect of Tree Preserve corridor designation.
(a) Trees or landscape groupings on streets, or portions thereof,
which have been designated as Tree Preserve Corridors shall
not be damaged, mutilated or removed from public or private
property by any entity, public or private, without prior approval
of the Tree Conservation Board. Removal shall be permitted by
the Board where the safety of the general public or adjacent
residents is threatened by-such historic trees or landscaping or
where the overall value of the corridor will be enhanced by such
removal.
(b) Trees, tree groups, or landscape groups designated by the City
Commission as a part of the Tree Preserve Corridor shall be so
designated by signs or markers of a type to be determined by
the City Commission. Said signs or markers shall contain the
words "Tree Preserve Corridor" and shall denote the date of
designation and the historic significance of the tree, tree group
or landscape group.
SECTION 4. Designated Corridors. Upon designation of corridors,
professional tree surveys shall be obtained and placed in the public record.
~„ The City Commission hereby designates the following as a Tree Preserve
Corridor:
~„ Saturiba Drive from Selva Grande westward to Selva Marina Drive to
include Live Oak Lane, North Sherry Drive, Dale Lane and Hickory
Lane;,
• Selva Marina Drive from Saturiba Drive to 19th Street;
• 19th Street to Sea Oats to include the five cul de sacs on the north
side of 19th Street.
AGENDA ITEM #8C
FEBRUARY 23, 2004
SECTION 5. Penalties for violation. Unauthorized damage, mutilation or
removal of any tree, which is a part of any designated Tree Preserve
Corridor, shall constitute a violation of this ordinance. Examples of
unauthorized damage or mutilation shall include, but are not limited to,
girdling of trunks with string trimmers or other lawn equipment, punctures,
including those caused by tree climbing spikes, removal of live green
"'~" leaves or fronds, and destruction of the root. systems.
Each violation shall be reviewed by the Tree Conservation Board who will
'~" recommend to the Code Enforcement Board an appropriate penalty not to
exceed $500.00 per tree to full replacement of the damaged tree(s).
~"' SECTION 6. Severability. If any section, sentence, clause, word, or
phrase of this Ordinance shall be held to be invalid or unconstitutional by a
court of competent jurisdiction, then said holding shall in no way affect the
""" validity of the remaining portions of this Ordinance.
SECTION 7. This Ordinance shall become effective immediately
upon adoption.
PASSED BY THE CITY COMMISSION ON FIRST READING:
PASSED BY THE CITY COMMISSION ON SECOND READING:
John Meserve, Mayor
ATTEST
Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen, Esquire
~. City Attorney
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AGENDA ITEM #8C
FEBRUARY 23, 2004
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