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Exh 8D,~,,, AGENDA ITEli #SD AL GUST 12, 2002 FROM FAi! N0. 974-246-6612 Ju 1. 12 2~_.. CITY OF ATLANTIC I3I~:AC:H R(1{1 SFM[NOLtr RUAD ATi_4NTTC' KEACH, FLORIDA 33233-5445. 'Cf:,f..E1'HUNL•: ('Jp4) 247-5$00 C•AX: (904) 247.5$05 SUNCUM: A52-SRtID ' hup://ui.atIanlic-bcach.fl.us ~"""" _ ;, July I2, 2002 Jim Hanson, Gity Manager ~ City of Atlantic Beach ~ 800 Seminole lt,oad ~ -Atlantic Beach, ):L 32233 !~', Dear Mr. Hanson: Tie Tree Conservation Board is planning to bring an Ordinance before the City Council on August 12, 2002. 'Phis 4rdinaztec proposes. to protect the palm colonnades in the rights-of-way along Ocean ~ Boulevard and least Coast Drive between Atlantic Boulevard and Tenth Street. We have a 2 /Z x 6-foot . prosentation board showing these trues. We: respectfully request permission to displt~y our prescntatio» on the east wall of the utility pay Tabby to provide; public familiarity with the proposal. ,..~ > Suicereiy, ~~~~ ~ Barbara Nlc:a.rs, Chair P - Ti'CC Conservation Board ~* r-e _ ~~•+ ~± a•^, _ - rR AGENDA ITEM #8D AUGUST 12, 2002 ' ~„ ~" ORDINANCE NO. AN ORDINANCE OF -THE CITY OF ATLANTIC BEACH .___. AMENDING CHAPTER 23, VEGETATION; CREATING AN HISTORIC TREE PRESERVATION PROGRAM; ,,,, PROVIDING GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING PRESERVATION INCENTIVES AND REQUIREMENTS; PROVIDING FOR SEVERA.BILITY; ~^" AND PROVIDING AN EFFECTIVE DATE: ~; ~ , WHEREAS, the City of Atlantic Beach has a number of tree lined streets which. exhibit special historic, architectural or cultural. 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 Historic Preserve Corridors ~„ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF F THE CITY OF ATLANTIC BEACH, FLORIDA: ~ SECTION L Intent. It is the intent of the City Commission in designating F historic preservecorridors to protect historically significant tree coverage -and landscaping from destruction and to enhance the aesthetic appearance of certain streets '~` within the city. SECTION 2. Designation of Historic Preserve Corridors. The City Commission P.•. .may from time to time designate, by ordinance, Historic 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 Historic 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 ,.~ ee coverage or landscaping. _ ' (c) The presence of culturally significant tree coverage or landscaping. r_ F,, AGENDA ITE:l1 #8D AUGUST 12, 2002 ~"' (d) Requests from private property owners that colonnades on their property shall be so designated. ~' SECTION 3. Effect of historic preserve corridor designation. ~., _ (a) Trees or landscape groupings on streets, or portions thereof,. which have. been ` designated as Historic 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 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 ~„ apart of an Historic 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 "Historic 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 Historic Preserve Comdors: .~:. - _. The public colonnade of palms in the rights-of--way on the east and west sides of Ocean Boulevard and East Coast Drive from Atlantic Boulevard. to Tenth Street as ;~* indicated on the survey prepared by Donn W. Boatwright dated December 27, 2000, File No. 2001-144. "°" SECTION 5. Penalties for violation. Unauthorized damage, mutilation or removal of any tree, which is a part of any designated Historic 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 system. Each violation shall be reviewed by the Tree Conservation Board who will recommend to "^ the Code Enforcement Board an appropriate penalty ranging from a $50.00 (fifty dollar) fine. 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 unconstitutionalby acourt of competent ~„ ,jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.. 2