Agenda Item 8C - Tree OrdinanceAGENDA ITEM:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Tree Ordinance
Jeremy Hubsch
Building and Zoning Director
DATE: September 25, 2014
STRATEGIC PLAN LINK: None
BACKGROUND:
Introduction to Tree Protection
AGENDA ITEM# 8C
OCTOBER 13, 2014
The current tree protection code is lengthy and complex, but can be summarized a little more
simply. When new development, redevelopment, or clearing of undeveloped land occurs, certain
trees are protected and others are not. In the buildable area of the lot (everything that meets
setbacks) trees that are larger than 20 inches in diameter are protected, while trees that are less
than 20 inches in diameter are not. In the non buildable area of the lot (everything outside the
setbacks) trees that are larger than 6 inches are protected, while trees less than 6 inches are not.
The assumption is that trees should be more easily preserved outside of the buildable area of a
lot. See exhibit 1 for an example ofhow this works.
Removal of protected trees must be mitigated, either in the form of replacement, relocation,
preservation, or payment into the tree fund. Mitigation credit is given for the preservation of any
non-protected tree on site, but not for preservation of protected trees. For instance, if someone
removes a 44 inch oak and also preserves a 22 inch oak, they are not given mitigation credit for
the preservation of the 22 inch oak. Credit is not given for protected trees because they are
expected to remain.
Mitigation on private residential properties is required at a ratio of 1:2. This means for every two
inches removed, one inch needs to be preserved, replaced, or paid into the tree fund. This ratio
enables prope1ties owners to only have to mitigate for 50% of the protected trees they remove.
For instance, if a prope1ty owner removes 100 inches of protected trees, they only have to
preserve 50 inches of trees. In this scenario, the prope1ty owner is able to make a net reduction
of 50% of the protected trees that were initially on site.
Tree Protection Results
Staff did an analysis of tree removal from the beginning of 2013 to present. In this period a total
of2,070 inches oftrees were removed; while 2,868 inches were preserved, 229 inches were
relocated, 12.5 inches were planted, and 76 inches ($3,724) paid into the tree fund. This means
that 5,167 inches oftrees has been reduced to 3,109.5 inches, plus the $3,724 that was paid into
the tree fund. This means there was a net loss of2057.5 inches oftrees.
AGENDA ITEM# SC
OCTOBER 13, 2014
Fortunately, the total amount of trees that were preserved was higher than required by code, but
you can still see that a significant net reduction has occurred.
Recommendations
The only way to ensure that a net loss of protected trees does not occur is by requiring a
mitigation ratio of 2:1 or two inches preserved for every inch removed. If a property has 200
inches of trees and the owner wants to remove 100 inches, requiring them to preserve 200 inches
ensures that a net reduction does not occur. The current tree code has a provision that allows the
City Commission to designate certain portions ofthe city as "historic corridors" simply by a
resolution. Per Section 23-41, "The city commission may by resolution designate historic
corridors or individual heritage trees. In doing so, the city commission shall specifically identify
those streets, or portions thereof, or trees, which shall be so designated." The city's tree
mitigation chart requires mitigation at a rate of 2:1 within historic corridors.
The city currently has somewhat of a historic corridor in its land development regulations. There
are specific standards for residential development within "Old Atlantic Beach" (see map, exhibit
2) based on the uniqueness and character ofthis area. This area is also where most infill
development in the city is occurring, and subsequently where many people believe a loss to the
city's tree canopy is occurring. Designating this area as a "historic corridor" would ensure that
the tree canopy is maintained.
Additionally, staff would like to create a tree manual that would help explain the tree code to
residents and contractors. The tree code section is lengthy and complicated to read. A tree
manual would greatly improve the tree protection process for all parties.
Rebuilding Tree Canopy
Regardless of whether or not the commission wants to increase the amount of mitigation required
by property owners, staff can make a targeted effort to improve the canopy through plantings in
the right-of-way and in park spaces. According to the code, the tree fund is "for the purpose of
growing and maintaining the city's community forest. ... Priority shall be given to the use of
funds for projects that plant or replace trees or vegetation along public rights-of-way or on
properties and lands in public use that will provide needed shade, aesthetic enhancement or the
re-establishment of tree canopy in neighborhoods and along public roadways."
In recent years, a significant amount of new development has occmTed in Old Atlantic Beach and
in areas close to the beach. When new development or redevelopment occurs, the tree code is not
able to protect or preserve every tree. The city can make a targeted effort to improve the tree
canopy in areas that have been affected by new development. Staff would like to propose a
multi-year program to improve the tree canopy in Atlantic Beach. This program can be very
successful if focused on highly visible areas and by using high quality trees.
Staff has not yet done a comprehensive analysis of every possible location for plantings, but
based on a preliminary analysis, below are a few areas that are possible candidates for new tree
plantings:
• Southwest comer of Bull Park
AGENDA IT EM# SC
OCTOBER 13,2014
• Triangul ar pa rce l at cotner of Eas t Coas t Dri ve and Sem in ol e Roadt other s id e of
Sem in ole has hi gh profile area as well. Could be a good spot to create a "canopy road".
• Numerous locations along East Coas t Drive and Ocean Bouleva rd
• Eas t s ide of Semi nole Road , in front of Ocean Village
• High er quality pla nti ngs on tJ1 e wes t s id e of Sem in ole
• Work with property owne rs on Mayport to do pl an tings on the ir pr operty. We h ave Uttl e
to no right-of-way on Mayport and Atlanti c. Staff has one prospective property owner
lin ed up and severa l more in mind .
T here is currently $12,82 1 in the Tree Protect ion Fu nd. Staff can us e thi s money to kick sta11 a
p lant ing program in so me of the hi gh profile loca lion s li sted . Ifthe comm ission wou ld li ke, s taff
ca n formu late a co mpr eJ1en siv e planting strategy An d bring it ba ck for input.
BUDGET: None.
RECOMMENDATION: Des ignat e "O ld Atl ant ic Beach" a "hi s toric corridor" for lrec prot ect ion
via r eso lut io n. Provide staff direction fo r utilizati o n of Tree Protecti on F und mo ni es for rebuildi ng tree
canopy.
ATTACHMENTS:
corridor")
Examp le of tree rnitigat ion. Map of Old Atl a nti c Beach (possib le "hi storic
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REVIEWED BY C ITY MANAGER: -n_ (/' tU7 ;7~
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