Planning and Zoning Meeting Agenda Item

The variance application is in accordance with the provisions of Chapter 10, Section 10-5). c).3)., of the Town of Lady Lake Land Development Regulations which requires the submittal of a Historic Tree Removal variance application for any property owner who desires to remove a healthy historic tree on a commercial property.

The variance request is to allow the removal of three historic trees located at 925 South Highway 27/441, owned by Linden Street Development, LLC, within the town limits of the Town of Lady Lake, Florida.

On January 21, 2022, Joe Brinson, a Certified Arborist, completed an arborist report on the subject property which evaluated all Historic trees proposed to be removed. A total of 20 trees with a diameter at breast height at or above 36” are located within the site. Of the 20 historic trees, the certified arborist determined that fifteen of the trees have significant abiotic disorders and/or arboricultural deficits which make them unsuitable for retention. One of these trees will be located in an area where it can be saved and protected. The remaining fourteen non-viable trees will be removed. Of the five healthy trees, two live oaks will be saved. Two live oaks and one cedar tree are requested to be removed.

On Tuesday, April 18, 2023, a variance application was filed with the Town of Lady Lake, by Joe Schofield, on behalf of Linden Street Development, LLC, for the removal of three viable historic trees located at 925 South Highway 27/441.

The variance is pursuant to Chapter 10, Section 10-5).c).3).A., of the Land Development Regulations (LDRs) which requires a variance for the removal of historic trees. (Historic trees are classified as a tree with a diameter at breast height (DBH) of 36” or greater.)

BACKGROUND

The subject property is approximately 27.77 acres of land located in Section 28, Township 18, and Range 24. The property is zoned Lady Lake Planned Commercial (CP) and the future land use is General Retail Sales and Services (RET).

On Thursday, July 28, 2022, the Town of Lady Lake received a new major site plan application on behalf of property owner, Linden Street Development, LLC for the construction of six apartment buildings with a total of 330 units, a clubhouse, and amenities.

JUSTIFICATION STATEMENT

The Town of Lady Lake Land Development Regulations requires 160 tree inches per acre. Based on the size of the site, the applicant will be required to provide 4,450 tree inches. The applicant will be providing 10,432 tree inches on the site which is 234.45% of the required tree inches.

The application proposes to retain three historic trees with a total of 115 caliper inches saved. The three viable historic trees to be removed will be in the areas of the proposed drive aisle, stormwater retention pond, and building pad.

When reviewing an application for a variance, the Planning and Zoning Board and the Town Commission shall consider the following requirements and criteria according to Chapter 10-5, Section 3 – Review criteria for variances in the Land Development Requirements:

Should the Town Commission approve the applicant’s request for tree removal, the applicant shall at the time of application for tree removal pay to the Town Tree Bank, three thousand six hundred dollars ($3,600.00) for each thirty-six-inch DBH tree, plus one hundred dollars ($100.00) for each additional inch over the thirty-six (36) inches. This mitigation fee is to offset the loss of each historic tree.

Developers of any non-residential or multi-family developments, requiring site plan approval are not required to submit an application for a clearing and tree permit but are required to submit a tree survey and landscape plans at the time of site plan submittal so that consideration may be given to the protection of native trees, historic trees, and vegetation.

Notices to inform the surrounding 16 property owners within 150’ of the subject property of the proposed variance were mailed on Monday, April 24, 2023. The property was also posted on Monday, April 24, 2023.