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1730 Ocean Grove Drive TREE08-00100011 Staff Report 02.22.2010 rev2February 22, 2010 regular meeting CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request by Jerrold & Rosanna Dixon to appeal assessment and obtain refund of $3,919.50 charged for unmet mitigation, assessed as condition of issuance of Tree Removal Permit #08- 00100011. SUBMITTED BY: Erika Hall Principal Planner, Staff Liaison to Tree Conservation Board DATE: February 11, 2010 BACKGROUND: The Tree Conservation Board (TCB) unanimously voted to approve a tree removal application in conjunction with residential redevelopment of the property located at 1730 Ocean Grove Drive on April 9, 2008. Permit issued on April 10, 2008 for the removal of 119 inches from the interior zone and 55 inches from the exterior zone, reflected the Board’s assessment of 27.5 inches of hardwoods as well as mitigation criteria and procedures, per provisions of Chapter 23, Protection of Trees and Native Vegetation, in effect at that time. The Tree Administrator received numerous complaints from adjacent property owners once the tree removal commenced, and upon inspection, found sufficient evidence that clearing activity had exceeded the scope of the approved/issued permit and was possibly encroaching upon adjacent properties. TCB members were advised at the April 23, 2008 meeting that the applicant had been advised to submit a revised tree survey and re-appear before the Board to request amendment of the existing permit to account for additional trees removed. The Board heard from adjacent property owners and considered the revised tree survey at the May 14 and May 28, 2008 meetings, finally voting to approve the applicant’s new request to removal all trees as shown on that revised survey, from the property. Revised Permit issued on May 30, 2008 for the removal of 135 inches from the interior zone and 224 inches from the exterior zone, reflected the Board’s revised assessment of 101.5 inches, with 94.5” being either oaks and/or hardwoods, per provisions of Chapter 23 in effect at that time. On the morning of December 28, 2009, the applicant applied to the Building Department for the Certificate of Occupancy (CO) for the newly constructed residence on the subject property, and was advised by the Tree Administrator that a landscape plan demonstrating accomplishment of the assessed mitigation had not been provided and that the CO would not be released until that plan was reviewed and approved by Staff. The applicant indicated that time was of the essence, as the property owners desired to close out the project before year end, and that he would have the landscape architect contact Staff directly to meet this requirement. Shortly thereafter the landscape architect called and reported that he had designed the landscape according to the parameters set by his clients, and not the mitigation requirements assessed by the TCB, which he claimed to be unaware of. Staff reiterated to both parties that the CO would not be released until a landscape plan sufficiently demonstrating compliance with the mitigation assessed by the TCB was received, reviewed, approved and field-verified. The landscape architect delivered an updated as-built landscape plan at 4:30 pm on December 29, 2009, and reminded Staff that the landscape was designed not to meet mitigation requirements but to compliment the architecture of the structure, per the directions of his clients. As such, he indicated that he had provided a “conversion table” and requested that Staff find the mitigation sufficient on this basis. Staff reviewed the submitted as-built landscape plan in light of the mitigation assessed by the TCB and strictly applied mitigation criteria which requires replacement of removed oaks with other oaks and/or hardwoods, and does not allow credit for replacement with invasive/potentially invasive species. This resulted in a c alculation of February 22, 2010 regular meeting 92 inches in unmet mitigation, which would require payment of $10,764.00 into the Tree Conservation Fund (TCF). [Calculation 1] As a second scenario, Staff then considered giving allowance for all hardwoods meeting minimum size requirements (Oleander and Loquat) though not recommended by leading authorities and even listed as potentially invasive. These allowances led to a calculation of 78 inches in unmet mitigation, which would require payment of $9,126.00 into the TCF. [Calculation 2] Finally, as a third scenario, Staff considered giving two substantial allowances. Credit was calculated for 100% of the Japanese Yew plantings, due in part to the University of Florida’s Department of Environmental Horticulture’s recommendation of the that tree as an “outstanding” species for this area. Partial credit (50%) was calculated for the Italian Cypress plantings because of their large mature height and potential for providing some screening and shading in the clustered configuration in which they had been planted. However, in this calculation, no allowance was given for the “shrubby, weak-wooded” or the potentially invasive species. These allowances resulted in a calculation of 33.5 inches in unmet mitigation, which would require payment of $3,919.50 into the TCF. [Calculation 3] On the afternoon of December 30, 2009, Staff presented the applicant with an evaluation of the as-built landscape plan in which the substantial allowances described in Calculation 3 were credited to the required mitigation as set by the TCB as condition of the issued tree removal permit, as well as an invoice for payment of the remaining unmet mitigation into the Tree Conservation Fund. The applicant accepted this assessment as reasonable, presented payment to the Tree Conservation Fund, and was issued the CO by the Building Department. RECOMMENDATION: The City Commission may consider the following options. 1. Uphold mitigation assessment as set by the TCB and revise mitigation credit allowed by Staff to reflect the strictest application of the provisions of Chapter 23, such that no hardwood credit is given for softwoods (Japanese Yew and Italian Cypress) planted. [Calculation 1] This option would require the payment of an additional $6,844.50 (above the $3,919.50 already paid) into the TCF. 2. Uphold mitigation assessment as set by the TCB and revise mitigation credit allowed by Staff to reflect application of the provisions of Chapter 23, but with allowances for those non-recommended and potentially invasive hardwoods that meet the minimum size requirements (Oleander and Loquat) planted. [Calculation 2] This option would require payment of an additional $5,206.50 into the TCF. 3. Uphold mitigation assessment as set by the TCB and mitigation credit as allowed by Staff upon review of the as-built landscape plan provided by the property owners’ agent(s), thereby denying this appeal and request for refund of $3,919.50 from the TCF. [Calculation 3] ATTACHMENTS: TCB Meeting Minutes: (A) March 26, 2008; (B) April 9, 2008; (D) April 23, 2008; (E) May 14, 2008; (F) May 28, 2008 Tree Removal Permits: (C) Original, April 10, 2008; (G) Revised, May 30, 2008 Mitigation Tables: (H) Landscape Architect’s recommendation; (I) Staff’s evaluation BUDGET: Payment to the Tree Conservation Fund, Account Number 112-0000-366.00-00 per above. REVIEWED BY CITY MANAGER: _________________