Loading...
715 Seminole Road APP19-0002 Staff Report CDBCITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. APP19-0002 An appeal of the assessed required mitigation for the removal of trees on city property. LOCATION 715 Seminole Road APPLICANT Babur Bhatti DATE July 8, 2019 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Babur Bhatti, the owner of 715 Seminole Road. This property is across Seminole Road from City Hall and backs up to Howell Park. Due to the irregular shape of this property, there is only about 7.3 feet between the back of the house and Howell Park. In February of this year, the applicant hired Lucas Tree Service to remove three trees (two pine trees and one palm tree) from behind their house. The applicant believed that these trees were located on his property, in which case the tree removal would have been allowed and no permit would have been required. However, city staff determined that all three trees were in fact located in Howell Park and a stop work order was placed on the property. Using pictures and measuring the remaining part of one tree, it was estimated that 50 total diameter inches of trees were removed from the park (two 20” pine trees and one 10” palm tree). In accordance with Section 23-51 of the City’s “Tree Code”, the applicant was then required to submit an “after-the-fact” tree removal permit and provide mitigation. Section 23-33 requires a mitigation ratio of one inch of mitigation for every diameter inch removed from public property. In addition, Section 23-51 requires this mitigation ratio to be doubled for regulated trees removed without a permit. As such, the applicant was notified that 100 inches of mitigation is required for the tree removal. On May 7, the applicant filed a written notice requesting further review of the permit and required mitigation because one of the removed trees was dead and posed a safety hazard. In accordance with Section 23-52(g), the matter then went to the Tree Subcommittee of the Environmental Stewardship Committee for review of compliance with Chapter 23 (the Tree Code) on June 12. The Tree Subcommittee believed that the assessed mitigation was consistent with Chapter 23 and unanimously recommended that the required mitigation remain at 100 inches. The applicant then filed written notice of objection to the required mitigation and the matter was then placed on the agenda for the next available Community Development Board meeting, per Section 23- 52(g). Page 2 of 2 APPLICANT’S REQUEST The applicant is requesting that the Board further review the assessed mitigation of 100 inches. The applicant expressed that the mitigation should be reduced because it does not coincide with the size of the trees removed and that one of the trees was dead and posed a safety hazard. ANALYSIS The following are applicable sections and regulations of Chapter 23:  Section 23-8 (Definitions): Public regulated tree shall mean any tree on public property that has a diameter at breast height (dbh) of 6 inches or more.  Section 23-22: Trees that pose an imminent danger to public health, safety and general welfare shall not require a tree removal permit upon inspection and determination by the tree administrator that immediate removal without delay is required.  Section 23-31: Removal of city trees without permission from the city is prohibited.  Section 23-33: Required mitigation for tree removal on public property is one inch for every inch removed.  Section 23-51: Regulated trees removed without a permit are assessed two times (double) the established rate of mitigation. REQUIRED ACTION The Community Development Board shall review the tree removal permit for compliance with Chapter 23 and may issue, deny or modify the permit. To issue the permit = Chapter 23 was properly enforced and the required mitigation is correct. To deny the permit = Chapter 23 was not properly enforced and that the required mitigation is incorrect. To deny the permit will result in no mitigation required for the applicant. To modify the permit = to reduce or increase the required mitigation and/or to place conditions to the permit.