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
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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.
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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.
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