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01-06-97 Tree Conservation Board Meeting Minutesr TREE CONSERVATION BOARD Minutes of Meeting of January 6, 1997 The Board held its regular meeting on Monday, January 6, in the City Commission Chambers. Present were: Hope Van Nortwick, Chairperson Richard Bell Mae Jones Judy Jacobson Richard Beaver Staff: George Worley, Board Designee Hope Van Nortwick called the meeting to order at 7:30 PM. The first application for tree removal was on property de- scribed as Lot # 1, Block # 181, Section H. Wayne Haddock representing the builder, Pulte Home Corporation, was pre- sent for review and discussion of the application. He stated that in order to create proper drainage on the property, none of the existing trees could be saved. Discussion followed regarding a clump of oak trees to be re- moved due to placement of the driveway, but which are on City right-of-way. It was stated that the Board could not grant approval to the applicant for removal of these trees. During further discussion, it was calculated that a total of 119" DBH of protected trees are proposed for removal, 30" DBH of which are oak, the other 89" DBH of hardwood. Mr. Haddock stated that replacements required would be planted on site. Prior to making a motion, Rick Beaver reminded the applicant that prior to a C.O. being issued, the replacement tree re- quirement would be checked for compliance. He then moved to accept the plans, as presented, with the requirement that 15" DBH of oak trees be replaced on site and that 44 1/2" DBH of other hardwood trees be replaced on site. Rick Bell seconded. Discussion ensued regarding the trees in the proposed drive- way which were are to be removed. George Worley stated that this matter would be worked out between the City and the ap- plicant. Judy Jacobson recommended that the driveway be re- located in order to save the trees. Hope Van Nortwick ex- pressed that the trees in question cannot be removed without Board approval to the City. George Worley agreed to write a letter to the applicant verifying that removal of these trees by the applicant would constitute a code violation. The motion, as presented and seconded, was voted upon and passed unanimously. On the application for removal on Lot # 2, Block # 181, Sec- tion H., Mr. Haddock stated that the same situation exists on this lot as on the previous one. On this lot, a total of 20" DBH of protected trees are proposed for removal. Mae Jones questioned that since only 10" DBH of replacement trees would be required on this lot, and a total of 59 1/2" DBH in replacement trees were required on the adjacent pro- perty, if it was possible to divide the replacement tree re- quirements between the two lots. Discussion followed. Mr. Haddock stated, in response to the Board, that both houses were to be constructed at the same time and the C.O. for each would be requested concurrently. Since action had already been taken on the application for Lot # 1, there was a question as to correct procedure in granting permission to divide the replacement trees between the two lots. George Worley explained that although the original action could not be amended since that motion had been voted upon, the action could be nullified if so voted. Judy Jacobson moved to rescind the action taken on the ap- plication for Lot # 1 and that the Board consider both lots together. Mae Jones seconded and the motion passed by a unanimous vote. Rick Bell moved to approve the applications with the require- ment that, on Lot # 1, replacement be required of 24" DBH of hardwoods and 11" DBH of oaks and on Lot # 2, replacement be made of 24" DBH of hardwoods and 10" DBH of oak, for a total of 34" DBH on one lot and 35" DBH on the other. Rick Beaver seconded and the motion carried unanimously. Judy Jacobson, addressing the applicant, advised that at the Pulte Homes office at Orchid Street and 5th, lumber was being stored on site and that the remaining trees at that location are not protected in any way. George stated that he would check into this failure. It was also suggested to Mr. Haddock that the site superintendent attend a Board meeting to im- press on him the importance of ordinance compliance in the area of tree barricades. The next application was for Lot # 4, Block # 160, Section H. There was no representative of the application present. It was expressed by Rick Beaver that he felt that the tree sur- vey was inaccurate to the extent that the Board could not make a decision on the application. Other members agreed and voiced that all of the trees on the lot were not shown, the - 2 - markings on site were not sufficient and that the plans did not reflect the lot set -backs. By consensus, the Board de- ferred action on the application and George will handle ac- cordingly with the applicant. Under old business, George advised that the Code Enforcement Board was holding a special meeting scheduled for the last Tuesday of this month. Notification of the meeting will be sent shortly. In response to a question on the Atlantic Theater landscape plan, he advised that the permit had not yet been issued for the irrigation system. Rick Beaver passed to the Board a copy of the landscape plan which was approved by the Community Development Board. Hope reminded members of the special meeting to be held on Saturday, January 25, at 10 AM at the Adele Grage Community Center for the purpose of viewing trees being considered for designation as historic and/or specimen trees. Carl will be asked to advertise the meeting to comply with Sunshine laws. Considerable discussion took place on the minutes prepared for the last meeting, December 16. It was felt that they did not properly reflect the discussion which took place on the subject of the reconsideration request for mitigation for Lot # 307, Saltair subdivison submitted by Mr. Rausch. It was decided by the Board to review the tape of that meeting at their next regular meeting date of January 22. ThereA further business and the meeting was adjourned 8: ick ecr tary - 3 - TREE CONSERVATION BOARD Minutes of December 16, 1996 The Board held its regular meeting on Monday, December 16, in the Conference Room of City Hall. Present were: Hope Van Nortwick, Chairperson Rick Bell Rick Beaver Judy Jacobson Mae Jones Staff: George Worley, Designee Alan Jensen, City Attorney The meeting was called to order by Hope Van Nortwick, Chair- person, at 7:40 PM. No representative, including the applicant, Mr. Rausch, his attorney, or the builder/contractor, was present for the re- view of the reconsideration request of mitigation require- ments for Lot # 307, Saltair subdivision. Considerable discussion by the Board took place on the issue, and the following points were made: the original tree survey submitted when the application first came before the Board was presumed to be accurate. The footprint of the house was "flipped" on the lot which moved the placement of the drive- way. This change affected the trees which were removed but the revisions were not brought back before the Board. Very few trees remain on the lot, and it is not possible at this time to determine the exact location, quantity or size of the trees removed. It was noted the some of the trees removed may have been on city fight of way and not a part of the original permitting. Members expressed that the con- fusion of the removal created a situation which could in- crease the mitigation requirements, not reduce them. It was discussed that the ordinance did not require that a professional survey be submitted with a tree removal appli- cation. However, when the survey is not professionally done, it is expected to be accurate so that the Board can rely on it to properly evaluate the removal proposed and the miti- gation, if required. After final Board review, Judy Jacobson moved to deny the request for reduction of the mitigation requirements. Rick Bell seconded and the motion unanimously passed. George Worley advised that the tree removal permit violation would be referred to Code Enforcement for their handling. He will meet with the Code Enforcement Officer for this purpose and keep the Board members advised. On the subject of the January meeting schedule, it was agreed that the first meeting in January will be held, as scheduled, on Monday, January 6. The second meeting date falls on Mar- tin Luther king Day, January 20, a city holiday. There is a conflict with meeting rooms and dates for Tuesday, January 21. George and Carl will schedule a date for this meeting and so advise the Board. Under reports and announcements, Hope Van Nortwick questioned when the landscaping, approved by the Community Development Board, will begin at the Atlantic Theater. George reported that the irrigation plan has been submitted and is being re- viewed by Public Works for approval. Johansen Park plans were also discussed and George estimated that it would probably be approximately 6 months before work would begin. Hope reported that the City Manager had con- tacted her and expressed that he wanted the Tree Board in- volved in all phases of the project. Mae Jones passed around aerial photographs and old postcards showing the palm trees in the area of the old Continental Hotel and surrounding property. She expressed that some type of action should be taken for these trees and others which have been nominated as either historic or significant. Con- siderable discussion followed on the program and it was agreed that it would be helpful if the Board met as a group and studied the trees on site. George advised that this was allowed under Sunshine Law requirements if notice of the meeting is properly posted. It was agreed that the work -shop type meeting would be held on Saturday, January 25, at 10 AM and would take place at the Adele Grage Community Center. George reported that he and Karl Grunwald, Code Enforcement Officer, have reviewed the paperwork on the violation by Pulte Homes of removal of trees prior to permitting. A special meeting may be called by the Code Enforcement Board during the latter part of January. Possibly the violation by Mr. R.a.usch could be reviewed at the same meeting. The Board will be notified of the Code Enforcement meeting date. - 2 - Judy Jacobson brought up the subject of consideration being given in cases of financial hardship for tree mitigation, suggesting that the Board develop a formula for determining a reasonable maximum to be accessed in cases of mitigation. Board discussion followed and it was expressed that the ordi- nance does allow for the Board to consider such reduction but cannot exceed mitigation requirements. Judy Jacobson pointed out an error in the minutes (line 8 of page 2). A correction was made and a motion made by Rick Beaver to approve the minutes, as corrected. Rick Bell se- conded and the motion unanimously passed. With no further business, the meeting adjourned at 9:20 PM. R ch d Beaver Se r tary - 3 -