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Item 8B~• AGENDA ITEM #3B JULY 12, 2004 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Revisions to the Tree SUBMITTED BY: Jim Hanson, Cit3~-A DATE: July 2, 2004 BACKGROUND: Several months ago the Atlantic Beach Tree Board made a recommendation to the City Commission to designate several streets in the Selva Marina and Selva Norte subdivisions as a "Tree Canopy Preserve Corridor". The intent of this designation is to provide additional protection to existing trees in the Corridor, and particularly trees on the public right-of--way. In a staff reported dated February 26, 2004 (copy attached) I pointed out ~" that some of the things that the Tree Board was trying to accomplish with the "Corridor" designation could and should be applied on a citywide basis and that several other modifications to the tree ordinance appeared necessary to further enhance the protection of trees in our City. Mayor Meserve added his comments concerning the need to amend the city's tree ordinance in a memo sent on March 8, 2004 (copy attached). With these recommendations in mind, the City Commission requested that the Tree Board prepare amendments to the tree ordinance for the Commission to consider. In a response received on June 23, 2004 from Chairman Shaughnessy ~„ (copy attached), the Board has recommended that the City Commission adopt the originally proposed "Protected Corridor Ordinance" and fund the survey of trees in that designated area estimated to cost $9,000. BUDGET: The Tree Board estimated the cost for the survey of trees along the right- of-way at $9,000. RECOMMENDATION: That the City Commission instruct city staff to prepare amendments to the City's tree ordinance in accordance with earlier discussions and present those amendments to the Commission for review and adoption. The question of funding a survey for the location of trees in the Selva Marina and Selva Norte subdivisions, or on a citywide basis, can be reviewed during the upcoming budget workshops in August. ATTACHMENTS: 1) Proposed ordinance creating a Tree Canopy Preservation Program received from the Tree Board in January of 2004 AGENDA ITEM #8B JULY 12, 2004 ,s. 2) Staff Report dated February 26, 2004 ~ 3) Memorandum from John Meserve to Jim Hanson and Maureen King dated March 8, 2004 4) Memo from Tree Board Chairman to City Commission received on ~* June 23, 2004 ~. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Tree Canopy Preservation SUBMITTED BY: Jim DATE: February 26, 2004 AGENDA ITEM #8B JULY 12, 2004 BACKGROUND: This staff report is intended to answer some questions raised by the City Commission relating to the recommendation from the Tree Board to designate the Selva Marina Subdivision as a "Tree Canopy Preservation Corridor", to share some observations about the proposed ordinance, and to make a recommendation to the Commission as to how to proceed. First, it should be recognized that the Tree Board has contributed greatly to the quality of life in Atlantic Beach. Their decisions have caused for the preservation of numerous trees that would have been needlessly cut down by developers because of poor planning or lack of concern for the city's tree canopy. They have also approved many trees to be replanted on construction sites through the mitigation requirements and have caused for a significant amount of money to flow into the city's Tree Fund to allow for the many planting projects that have occurred over the last several years. Any recommendations here are intended to further enhance the city's tree ordinance and support the Tree Board's diligent work. A number of problems exist with the language of the proposed ordinance, and some other amendments to the tree ordinance should be considered. First, the proposed language allowing the Tree Board to recommend to the Code Enforcement Board a penalty not to exceed $500 per tree in the Selva Marina Subdivision would be more appropriately applied to illegal tree removal citywide. The ordinance as written would create a new "Tree Preserved Corridor" designation, which would be separate from the existing "Historic Tree Preservation" designation and would apply only to the Selva Marina Subdivision. The Code Enforcement Board presently has the authority to impose a fine not to exceed $5,000 where the Board finds violations to be "irreparable or irreversible in nature". Removal of significant trees clearly falls into this category. The Tree Board's intent is to their ability to not only impose mitigation for people who remove trees ~. AGENDA ITEM #SB JULY 12, 2004 without permits but to recommend fines to the Code Enforcement Board in addition to that mitigation spelled out in the Tree Ordinance. Second, the proposed ordinance would apply only to trees on the public right-of--way in the Selva Marina Subdivision. Both city projects and removal by private owners and developers would be covered by this new requirement to get Tree Board approval prior to cutting any tree on the right-of--way. In past years, private owners that have wanted to remove trees on city right-of--way have received permission from the Public Works Department, although in the last few years, it has been my policy to ask the Tree Board for review in permitting of any such proposed tree removals. It may be appropriate to consider an amendment to the ordinance, which clearly requires approval of the Tree Board before private individuals can remove trees from the public right-of--way in any part of the city and not just the Selva Marina Subdivision. Next, the reasons enumerated that would allow the Tree Board to issue a permit for removal of the trees on right-of--ways in this proposed new Tree Preserved Corridor is considerably more restrictive than those reasons in the present ordinance under the "Historic Tree" section. The proposed ordinance only allows removal when "the safety of the general public or adjacent residence is threatened by such historic trees or landscaping or where the overall value of the corridor will be enhanced by such removal." The Historic Tree Ordinance (Section 23-48) also allows for the removal where it is necessary for ingress and or egress from a property, when special circumstances exist such as necessity of handicap accessibility or when there is another valid or legitimate reason for their removal. Consequently, the proposed ordinance may unduly constrain the Tree Board's ability to issue tree removal permits in the future. Both the proposed Tree Preserved Corridor designation for the Selva Marina area and the existing requirements of the Historic Preserved Corridor which apply to East Coast Drive and Ocean Boulevard would require that professional tree surveys be obtained and made part of the public record. The cost of the survey was over $6,000 for the East Coast/Ocean area. No price tag has been estimated for the survey in the Selva Marina Subdivision. The logic behind requiring a survey is to ensure that records exist in case trees are illegally removed and it is impossible to thereafter determine how large the trees were. The concern for illegal removal of trees on the right-of--way is legitimate on a citywide basis, but the cost for preparing such surveys citywide would be prohibitive. One alternative may be to prepare a videotape of city streets that could later be used in the case of illegal removals. The proposed ordinance would require that the City of Atlantic Beach also obtain permits from the Tree Board prior to the removal of any trees. AGENDA ITEM #8B JULY 12, 2004 The present tree ordinance (Section 23-17(d))2)(n) exempts "the City and its franchise agents from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree in the public right-of-way." The City's utility system work for water and sewer lines, street work and storm drainage work and public safety considerations are often narrowly constrained by engineering demands and the work often is of an emergency or urgent nature. Consequently, the City's work within the public right-of--way is essentially different in many ways from a private owner's desire to remove trees. Requiring the City to get these permits would certainly delay any projects and may be unnecessary. Last, there may be some additional amendments to the existing ordinance „~,, that should be considered. Among these would be increasing the fine for clear cutting a lot before getting a permit. The impact of the $1 /square foot established when the Ordinance was originally passed may have been deflated over time so as to be easy to view by developers as just a "cost of doing business". BUDGET: The cost implications of this ordinance apply to the requirement to obtain professional surveys locating the trees along the right-of--way and their size. No estimate has been made yet as to the cost of these surveys either in the Selva Marina Subdivision or citywide. RECOMMENDATION: The proposed ordinance should be sent back for further work to incorporate the recommendations listed above. ATTACHMENT: Ordinance 95-04-86 Ready for first reading as recommended by the Tree Boazd. 0 AGENDA ITEM #8B JULY 12, 2004 ORDINANCE NO. 95-04-86 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 23, VEGETATION: CREATING A TREE CANOPY PRESERVATION PROGRAM; PROVIDING GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING PRESERVATION INCENTIVES AND REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE: 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 public right'of ways which serve as scenic corridors in the City, and WHEREAS, To protect and enhance these public right of ways, the City Commission has determined that certain public right of ways or portions thereof, shall be designated as Tree Canopy Preserve Corridors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Intent. tt is the intent of the City Commission in designating Tree Canopy Preserve Corridors to protect significant tree canopy and landscaping from destruction and to enhance the aesthetic appearance of certain streets within the city. SECTION 2. Designation of Tree Canopy Preserve Corridors. The City Commission may from time to time designate, by ordinance, Tree Canopy Preserve Corridors. In so doing, the City Commission will specifically identify those streets, or portions thereof, which shalt be so designated. In considering whether public right of ways or portions thereof shall be designated as Tree Canopy Preserve Corridors, the City Commission may consider the following criteria: (a) The presence of historically significant tree canopy or landscaping, as individual plants or in groupings. (b) The presence of significant historic or architectural structures with associated tree canopy or landscaping. (c) The presence of culturally significant tree canopy or landscaping. (d) Request from private property owners that colonnades on their property shall be so designated. SECTION 3. Effect of Tree Canopy Preserve Corridor designation. (a) Trees or landscape groupings on public right of ways, or portions thereof, which have been designated as Tree Canopy 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. ,~. AGENDA ITEM #8B JULY 12, 2004 (b) Trees, tree groups, or landscape groups designated by the City Commission as a part of the Tree Canopy 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 Canopy Preserve Corridors 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 Canopy 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 19~h Street; • 19"' Street to Sea Oats to include the five cul de sacs on the north side of 19`" Street. SECTION 5. Penalties for violation. Unauthorized damage, mutilation or removal of any tree, which is a part of any designated Tree Canopy 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 qe 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 AGENDA ITEM #8B JULY 12, 2004 ~ King, Maureen From: John Meserve [captain@fleetlanding.com] Sent: Monday, March 08, 2004 10:48 AM To: Hanson, Jim; King, Maureen Subject: Tree Ordinance MEMORANDUM To: Jim Hanson, City Manager Copy to: Maureen King, City Clerk CC TO: ' „~2ity Commission ~ City Manager City Attorney ~ess ^ File nn ,/~ ,- ~~ ~/ '- A. ~ Date: ___~ From: John Meserve Re: Ordinance No. 95-04-86 (Tree Canopy Preservation Program) Jim Some thoughts about the proposed Ordinance. My intention is to ask ~"' for a deferral and request the Tree Board rethink the issue. I would ask Maureen to provide a copy of this e-mail to both the Commission at our March 8 meeting and to the Tree Board Members. First, it should be recognized that the Tree Board has contributed greatly to the quality of life in Atlantic Beach. Their decisions have caused for the preservation of numerous trees that would have been needlessly cut down ~, by developers because of poor planning or lack of concern for the city's tree canopy. They have also caused for many trees to be replanted on construction sites through the mitigation requirements and have caused for a significant amount of money,~to flow into the city's Tree Fund to allow for e.. the many planting projects that have occurred. over the last several years. Any recommendations here are intended to further enhance the city's tree ordinance and support the Tree Board's diligent work. ~""' Two main issues I have are the designation of specific tree corridors, and workload that may create for us all, and my perception that the city will be unduly restricted by the current way the ordinance is written. Issues: • The designation of specific areas as "Tree Canopy Preserve Corridors" may well create future problems. First it requires the City to complete a tree survey in the area, which may have significant cost implications. Second, once the system is in place I am sure that no one who wants an area so designated will ever be turned down, and having different sets of rules (by area) will be difficult as an enforcement issue and perhaps legally challengeable. My first thoughts are if designation is a "good" thing why not make the rule cover all the city's right of way. I t would make communication and enforcement of the rule much easier. • I did not see that there was any definition as to tree size. I.e., if someone cuts down a 3 foot sapling, does that constitute a violation? I think we need to be more definitive • The proposed language allowing the Tree Board to recommend to the Code Enforcement Board a penalty not to exceed $500.00 per tree in the Selva Marina Subdivision may more appropriately be applied to illegal tree removal citywide. Again, citywide enforcement may be the way to go. The ordinance as written would create a new "Tree Preserved Corridor" designation, which would be .separate from the existing "Historic Tree Preservation" designation and would apply only to the Selva Marina Subdivision. The Code Enforcement Board presently has the authority to impose a fine not to exceed $5,000.00 where the Board finds violations to be "irreparable or irreversible in nature". Removal of significant trees clearly falls into this category. The Tree Board's intent is to have it spelled out in the tree ordinance their ability to not only impose mitigation for people who remove trees +~" 1 ~• s without permits but to recommend fines to the Code Enforcement Board in addition to that mitigation. Last, the proposed ordinance would require that the City of Atlantic Beach also obtain permits from the Tree Board prior to the removal of any trees. The present tree ordinance (Section 23-17(d))2)(n) exempts "the City and its franchise agents from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree in the public right-of-way." The City's utility system work for water and sewer lines, street work and storm drainage work are often narrowly constrained by engineering demands and the work often is of an emergency or urgent nature. Consequently, the City's work within the public right-of-way is essentially different in many ways from a private owner's desire to remove trees. Requiring the City to get these permits would certainly delay any projects and may be unnecessary. t AGENDA ITEM #8B JULY 12, 2004 ~"` 2 ~• Honorable Mayor and Commissioners AGENDA ITEM #8B JULY 12, 2004 The Tree Conservation Board has reviewed the proposed Protected Corridor Ordinance at the request of the Commission to determine the feasibility of expanding the Ordinance to include the entire City. The Tree Conservation Board is in agreement that no changes be made in the ordinance at this time. The Board suggests the ordinance be passed as is and that it be reviewed in three years for consideration of expanding the ordinance to include the entire city. The Board has reviewed the historic Tree Corridor costs of surveying the existing trees. The estimated cost would be approximately $9000.000 per a telephone quote from Boatwright Durden Land Surveyors. The Board would monitor the program created by the ordinance as a pilot program to allow the review of various issues that may occur during the initial years. .~ Chairman~d~~/'~~~~'~,,-,~i ~ -"C.~'~2~ R.ECEIVEI~ CITY OF ATI~tJTIC EiEACH BUILDING ~ 7r~Nif~IG JUN 2 3 2004 c.~' City Commission ^ City Manager ^ City Attorney ^ Press ^ File Date: BY. ~..