1730 Ocean Grove Drive TREE08-00100011 Staff Report 02.22.20101
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request by Jerrold & Rosanna Dixon to appeal charge of $3919.50 for
unmet mitigation that was 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 10, 2010
BACKGROUND: The Tree Conservation Board considered an application for tree removal
proposed in conjunction with residential redevelopment of the property located at 1730 Ocean
Grove Drive at their regular business meetings held on March 26 and April 9, 2008. Upon
motion by Stephanie Catania and second by Carole Varney, the Board unanimously voted on
April 9th to approve the removal of 1-12” Palm; 1-7” Bay; 1-4”, 2-6”, and 1-9” Magnolia; 2-9”,
1-10”, 2-11”, 1-12” and 1-13” Oak; for a total of 119” from the interior zone with no mitigation
required; and, from the exterior zone, 1-9” Bay; 1-10”, 1-12” and 1-14” Oak; for a total of 55”,
to be mitigated on-site with 27.5” of hardwoods of the property owners’ choice. The Staff
Liaison issued TREE 08-00100011, reflecting said approvals and mitigation assessment, to
Michael Altenbach, authorized agent for the property owners on April 10, 2008. Mr. Altenbach
was also verbally advised on mitigation criteria and procedures, and provided with a copy of
Section 23-17(e) & (f), pertaining to those criteria and procedures as well as tree protection
requirements during development, on the reverse of said permit.
At the April 23, 2008 regular business meeting of the Tree Conservation Board, the Staff Liaison
reported that she had received complaints that tree and vegetation removal had commenced and
had exceeded the scope of approval of issued permit. Further, adjacent property owners reported
that activity was encroaching upon their properties. Upon inspection, the Staff Liaison found
sufficient evidence to request the applicant submit a revised survey and appear before the Tree
Conservation Board to amend the existing permit.
The Tree Conservation Board heard from adjacent property owners and considered a revised tree
survey and request to remove all trees from the subject property at their regular business
meetings held on May 14 and May 28, 2008. Upon motion of Carole Varne y and second by
Stephanie Catania, the Board unanimously voted on May 28th to approve the removal of 1-2”, 1-
4”, 1-6”, 1-7” and 1-8” Bay; 1-7” Cherry; 1-6”, 1-7”, 2-9”, 2-10”, 1-11”, 1-12”, 1-13” and 1-14”
Oak; for a total of 135” from the interior zone, with none of those trees being regulated and thus
requiring no mitigation; and, from the exterior zone, 1-12” Palm; 1-4”, 1-5” and 1-9” Bay; 1-6”
and 1-8” Elm; 1-4”, 2-5”, 4-6”, 1-7”, 5-8”, 3-9”, 2-10”, 2-11”, 1-12” and 1-14” Oak; for a total
of 224”, of which 201” were regulated and to be mitigated by 101.5”, with 94.5” being either
Oaks and/or other hardwoods. The Staff Liaison issued a reissued TREE 08 -00100011,
reflecting the revised approvals and mitigation assessment, to Mr. Altenbach on May 30, 2008.
February 22, 2010 regular meeting
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On the morning of December 28, 2009, Mr. Altenbach applied to the Building Department for
the Certificate of Occupancy for the newly constructed residence on the subject property. Mr.
Altenbach was advised by the Staff Liaison that a landscape plan demonstrating assessed
mitigation had not been provided and that the Certificate of Occupancy would not be released
until all such plan was reviewed and approved by Staff. Mr. Altenbach 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. Shortly thereafter, Mr. Gary Crumley, LA,
contacted Staff to inquire as to the mitigation requirements. Mr. Crumle y also indicated that he
had designed the landscape according to the parameters set by his clients, and not the mitigation
requirements assessed by the Tree Conservation Board which he claimed to be unaware of. Staff
reiterated to Mr. Crumley and Mr. Altenbach that the Certificate of Occupancy would not be
released until a landscape plan sufficiently demonstrating compliance with the mitigation
assessed by the Tree Board received, reviewed, approved and field-verified by the Staff Liaison.
Mr. Crumley delivered an updated as-built landscape plan to the Staff Liaison at 4:30pm on
December 29, 2009. He 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, Mr. Crumley indicated that he had provided a “conversion table” and recommended
that Staff find the mitigation sufficient on this basis. Tables of the trees planted and Mr.
Crumley’s recommended conversion, as shown on the submitted as-built landscape plan, are
recreated below:
February 22, 2010 regular meeting
TREE MITIGATION
TREE MITIGATION REQUIREMENTS:
REPLACE 101.5” OF HARDWOODS
TREES REMOVED BY PERMIT PRIOR TO 1-1-2009
REPLACEMENT TABLE
TREE VALUE QUANTITY TOTAL INCHES
WHITE BIRD 8” CAL 9 72”
JAP. YEW 6” CAL 9 54”
TABEBUIA 2.5” CAL 1 2.5”
IT. CYP. 3” CAL 3 9”
LOQUAT 2” CAL 1 2”
OLEANDER 2” CAL 6 12”
KUMQUAT 1.5” CAL 1 1.5”
CITRUS 1.5” CAL 3 4.5”
PALM VALUE QUANTITY TOTAL INCHES
QUEEN 16” CAL 6 96”
WASHINGTON 16” CAL 7 112”
CABBAGE 14” CAL 25 350”
PYGMY DATE 8” CAL 2 16”
CHINESE FAN 8” CAL 34 272”
REPLACE 101.5” OF SHADE TREES 4”/SHADE TREE EQUALS 26 TREES REQUIRED
2 QUEEN PALMS EQUAL ONE SHADE TREE 6/2 = 3
3 PALMS EQUAL ONE SHADE TREE 68/3 = 22
2 CITRUS EQUAL ONE SHADE TREE 4/2 = 2
3 OLEANDER EQUAL ONE SHADE TREE 6/3 = 2
4 BIRDS/JAP YEW EQUAL ONE SHADE TREE 18/4 = 4
1 TABEBUIA/LOQUAT EQUAL ONE SHADE TREE 1/1 = 1
34 PROPOSED TREE CREDITS PROVIDED
PROPOSED TREE CREDITS BASED ON TREE MATURITY AND RADIUS
BY GARY R. CRUMLEY LANDSCAPE ARCHITECT
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Staff reviewed the submitted as-built landscape plan in light of the mitigation assessed by the
Tree Conservation Board (described above) and applied the mitigation criteria which was in
effect at the time of permit issuance (Section 23-17(e), Ordinance 95-07-02, adopted February
12, 2007). Please note that Staff gave two substantial allowances, crediting 100% of the
Japanese Yew and 50% of the Italian Cypress plantings to the hardwood requirement, even
though these are not hardwoods. Without these allowances, unmet mitigation would have been
92” rather than 33.5” and the amount due to the Tree Conservation Fund would have been
$10,764.00 rather than $3,919.50. Recreated below is a table of Staff’s assessment of the
landscape plan, as submitted to Mr. Altenbach on the afternoon of December 30, 2009:
PLANTINGS PER LANDSCAPE PLAN STAFF ASSESSMENT
BOTANICAL COMMON NUMBER DBH* CALC NATIVE NOTES ALLOWA
NCE
CREDIT
TREE PERMIT # 08-00100011: 94.5” OAKS/HARDWOODS REQUIRED
Streilitzia nicolai White Bird of
Paradise
9 8.00 72.00 NO “pseudopalm” (USDA) 0.00% 0.00
Podocarpus
macrophyllus
Japanese
Yew*
9 6.00 54.00 NO “outstanding tree” (UF/IFAS);
AB Recommended Tree List
(draft)
100.00% 54.00
Tabebuia
spp.
Trumpet
Tree
1 2.50 2.50 NO “outstanding tree” (UF/IFAS);
AB Recommended Tree List
(draft)
100.00% 2.50
Cupressus
sempervirens
Italian
Cypress*
3 3.00 9.00 NO not recommended tree;
known pests, infestation,
disease problems (UF/IFAS)
50.00% 4.50
Eriobotrya
japonica
Loquat 1 2.00 2.00 NO not recommended tree;
potential invasive (FLPPC)
0.00% 0.00
Nerium
Oleander
Oleander 6 2.00 12.00 NO “shrubby” trees; weak-
wooded; known pest,
infestation problems (UF/IFAS)
0.00% 0.00
Fortunella
Margarita
Kumquat 1 1.50 1.50 NO “shrubby” trees; weak-wooded
(UF/IFAS); less than min 2” dbh
0.00% 0.00
Variable
spp.
Citrus 3 1.50 4.50 ? “shrubby” trees; weak-wooded
(UF/IFAS); less than min 2” dbh
0.00% 0.00
* NOT A HARDWOOD SPECIES
SUBTOTAL 61.00
TREE PERMIT # 08-00100011: 7.0” PALMS/SOFTWOODS REQUIRED
Syagrus
romanzoffianum
Queen
Palm
6 16.00 96.00 NO 0.00% 0.00
Washingtonia
robusta
Washington
Palm
7 16.00 112.00 NO 0.00% 0.00
Sabal
palmetto
Cabbage
Palm
25 14.00 350.00 YES 2.00% 7.00
Phoenix
roebelenii
Pygmy Date
Palm
2 8.00 16.00 NO 0.00% 0.00
Livistona
chinensis
Chinese Fan
Palm
34 8.00 272.00 NO 0.00% 0.00
SUBTOTAL 7.00
TOTAL PLANTINGS (DBH*) REQUIRED TO MEET MITIGATION 101.50
TOTAL PLANTINGS CREDITED TOWARD MITIGATION 68.00
TOTAL UNMET MITIGATION 33.50
TREE CONSERVATION FUND / COST PER INCH 117.00
TREE CONSERVATION FUND / AMOUNT DUE PRIOR TO ISSUANCE OF CO $3,919.50
February 22, 2010 regular meeting
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RECOMMENDATION:
1. Uphold mitigation assessment as set by the Tree Conservation Board, mitigation credit as
evaluated by Staff upon review of the as-built landscape plan provided by the property
owners’ agent, and subsequent payment of $3,919.50 to the Tree Conservation Fund for
unmet mitigation, noting also that significant allowances have already been given for
trees that do not strictly meet the provisions of Chapter 23, Protection of Trees and
Native Vegetation, of the Atlantic Beach Municipal Code.
2. Uphold mitigation assessment as set by the Tree Conservation Board and revise
mitigation credit allowed by Staff to reflect strict application of the provisions of Chapter
23, Protection of Trees and Native Vegetation, of the Atlantic Beach Municipal Code,
such that no hardwood credit is given for softwoods (Japanese Yew and Italian Cypress)
planted. The resultant mitigation credit would then be 9.50”, with 92.00” remaining
unmet, and thus requiring payment of an additional $6,844.50 (for a total of $10,764.00)
into the Tree Conservation Fund.
3. Uphold mitigation assessment as set by the Tree Conservation Board and revise
mitigation credit allowed by Staff to reflect strict application of the provisions of Chapter
23, Protection of Trees and Native Vegetation, of the Atlantic Beach Municipal Code,
such that no hardwood credit is given for softwoods (Japanese Yew and Italian Cypress)
planted, but that credit will be allowed for those non-recommended and potentially
invasive hardwoods that meet the minimum size requirements (Oleander and Loquat)
planted. The resultant mitigation credit would then be 23.50”, with 78.00” remaining
unmet, and thus requiring payment of an additional $5206.50 (for a total of $9126.00)
into the Tree Conservation Fund.
4. Revise the mitigation assessment as set by the Tree Conservation Board according to the
provisions of Chapter 23, Protection of Trees and Native Vegetation, of the Atlantic
Beach Municipal Code, and also revise the mitigation credit allowed by Staff upon
evaluation of the as-built landscape plan provided by the property owners’ agent, finding
that the property owners have over-met their mitigation requirements and are due a
refund of $3,919.50 as paid into the Tree Conservation Fund on December 30, 2009.
ATTACHMENTS:
A – Tree Conservation Board meeting minutes, March 26, 2008
B – Tree Conservation Board meeting minutes, April 9, 2008
C – Tree Removal Permit, TREE 08-00100011, April 10, 2008
D – Tree Conservation Board meeting minutes, April 23, 2008
E – Tree Conservation Board meeting minutes, May 14, 2008
F – Tree Conservation Board meeting minutes, May 28, 2008
G – Tree Removal Permit, TREE 08-00100011 (revised), May 30, 2008
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER: _________________
February 22, 2010 regular meeting