Atlantic Beach tree subcommittee allows ribbon palms to count toward mitigation at 51 Beach Avenue, denies credit for two other exotic palms

The Atlantic Beach Tree Subcommittee on Oct. 7 heard an appeal from the owners of 51 Beach Avenue seeking credit for palm species not on the city's approved replacement list and approved the appeal in part, allowing ribbon palms to be used toward mitigation while denying similar credit for King (Alexandria) and Bridal palms.

Abrielle Jeunesse, a city staff member presenting the case, told the subcommittee the property's building permit was issued in January 2021 and that a subsequent tree removal permit and mitigation plan were approved in 2021. Jeunesse said the mitigation plan prepared at that time listed mostly palm species and that the applicant later requested credit for additional species not on the city's adopted list. "No mitigation credit will be approved for the trees that are not on this list unless approved by the administrator," Jeunesse said, and she explained staff denied the applicant's August request to credit off-list species because the adopted list was intended to reflect hardiness, disease and pest resistance and availability.

Gavin Kane, a landscape architect with Marquis Latimer and Halbach representing the homeowners, urged the subcommittee to judge each proposed palm species on site-specific conditions. Kane said the property's placement amid hardscape and larger adjacent buildings creates a warmer microclimate and that palm growers he consulted believed the species would be viable on the site. He also told the panel that the owners had "wholeheartedly guaranteed that if these would die because of that abnormal event, they would replace and they have the means to replace these as many times as they would want to replace them." Jeunesse and members questioned whether such a replacement promise could be made legally binding after the three-year mitigation survival period expires.

Members reviewed the mitigation math presented in the staff report and the planting plan: Jeunesse cited roughly 135 inches of Washingtonia palms (a species on the approved list) and about 48 inches of ribbon palms (not on the list). Staff and commissioners discussed whether the project met the total mitigation owed under the older code; Jeunesse stated the total owed was in the neighborhood of 170 inches in some slides and later said 180 inches was owed when recalculating the chart.

After discussion, a committee member moved to approve the appeal with a specific condition: only the ribbon palm would be allowed to count toward mitigation; the motion excluded Alexandrian (King) and Bridal palms from mitigation credit. Amy, a committee member, seconded the motion. The subcommittee voted in favor with no recorded objections. Staff clarified that the applicant may still plant the other proposed species on their private property but those species will not count toward the mitigation requirement or required shade-tree equivalents for a certificate of occupancy.

Jeunesse noted that changing the city's list of approved species would require an ordinance amendment and that Chapter 23 is currently being revised; the subcommittee discussed the possibility of reviewing and updating the palm list later in the year. The file for the appeal is listed as tree permit 21-0012 for 51 Beach Avenue; staff will process the planting plan consistent with the subcommittee's decision.

The subcommittee's action preserves the staff'selected species list in general while granting a limited, site-specific accommodation for ribbon palms to be used toward mitigation. The committee also reaffirmed existing mitigation requirements'meeting on-site minimums and, if needed, paying the remaining mitigation into the city fund'as allowed under the code.