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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 M ~ ~ ~ ~_.._-.". ~ ` y~~_.--~-- J-~ ~~ ~ .,,.-_ f ~~ ~~ i --~ ~ r .. z.. ~" `` ~,~~- -~- ~___...~ ~ _ ti~ _: ~? AGENDA ITEM #8C FEBRUARY 23, 2004 ~.''`'''~- ~~ jam:.' _ _ y,~..~.- ~ ....~,` i .. ~ J J f _ ; r; t `~ ~~ ~ ~4 j i ~ {; ` ;~ 2 11 V I Y -~ ^~. ~ ~ t~ ;' ~ r 4 ~~ 1~ t ------------L.~ I M 3~ 1 ,. ~.~_~_ ~.__.._. ' _._ ~~'"=" 1 ~~-~ t~ `; ~- .~. '~ -~- i• ~- . -----~ ~" i „ „• ~ ~ 4 t u <` l ~~ 1 ~ ~r ____. -----~, ~. i _`_ ~, ~:, ~~ '+ } ~~ ~ f ~~: ~ ~~ ~~ ..... ~ ~ ~ t 1 ~ ~ ~~-~ 1 r.' °''