Loading...
Exh 8A.., - AGENDA ITEM #8A FROM FAX NO. 904-246-6612 'Jul . AUGUST 26, 2002 t'"" , ~; "^ y,L~J ~ C.STY pFATLANTTC BA:A(:H ~- ~ ~S f j~~,, R(xs SF.MMOL~ ltUw JS ;,,.,...~ ATIANTiC KEAGFi, FLORIDA 32233.5445 =•-,y3;;:•'~,_ ts~ 'f'ELTrYHUNE: (~m4) 247-5800 ~.• ., ..~• ..~ FAX: (904) 247.5805 ~ S UNCUM: 852-SRgD J - .. - •. `• help://ci.atlanlic-bc~ch.fl.us ~~Ji31~r- a. ; K;. , 3uly 12, 2(702 _ ,.., ...Jim Hanson, City Manager City of Atlantic Beach .~., 800 Seminole Road Atlartisic Beach, ~L 32233 Dear Mr. Hanson: : '' Tlie Tree ConservatiorA $oard is planning to bring an Qrdinance before tl-e City Council on Augut 12, 2002. 'Phis Ordinance proposes to protect the palm cotonna,des in the rights-of--way along Ocean ~' Boulevard and irast Coast Drive between Atlantic Boulevard and Tenth Streit. We have; a 2 /: x 6-foot presentation board showing these tr~cs. We; respectfully request permission to display our presentatic,a on the east wail of the utility pay lobby to provide public familiarity with the proposal. ,~ r Suicerety, _ . Barbara Mc;ars, Chair ,.~ ~rCC Conservation Board ~* . `. ~, _ ...,, i ,: ~"^ AGENDA ITEM #8A i ~; AUGUST 26, 2002 ,_ F.: ~ ~ : . 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 SEVERABILITY; ;;~„ 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 ~. k.., - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~' THE CITY OF ATLANTIC BEACH, FLORIDA: „~, SECTION I . Intent. It is the intent of the. City Commission in designating t historicpreserve corridors 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 Comdors. The City Commission. may from time to time designate, by ordinance, Historic Preserve Corridors. In so douzg, . the City Commission will specifically identify those streets, or portions thereof, which r,,, shall be so designated. In considering whether roadways or portions thereof shall be s _ designated as Historic Preserve Corridors, the City Commission may consider the t 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 tree coverage. or landscaping. "" (c) The presence of culturally significant tree coverage or landscaping. s ~, ~„"' . . AGENDA ITEM #8A AUGUST 26, 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 h 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 t'"' 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 Corridors: '~"' 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 -Dann 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 ~: x equipment, punctures, including those caused by tree climbing spikes, removal of live .green leaves or fronds, and destruction of the root system. Eachviolation 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 4 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....- t , ,, . .. . 2 _