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 in a commercial property.

The variance request is to allow the removal of four historic trees located within the Hammock Oaks Multi-Family development, owned by SK Hammock Oaks, LLC, within the town limits of the Town of Lady Lake, Florida.

On April 17, 2023, William Needham, a Certified Arborist, completed an arborist report on the subject property which evaluated all historic trees proposed to be removed. The 23.05-acre project contains a total of 220 trees, of which 15 trees are considered historic with a diameter at breast height at or above 36”. Of the 15 historic trees, it was determined that 12 of these trees are viable. The applicant is requesting the removal of four of the viable historic trees.

On Wednesday, May 25, 2023, a variance application was filed with the Town of Lady Lake, by Mark Perkoski, on behalf of Edward Rose Properties, 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 23.05 acres of land located in Section 19, Township 18, and Range 24. The property is zoned Lady Lake Planned Unit Development (PUD) and the future land use is Mixed Development District/ Traditional Neighborhood District (MDD-TND).

On Wednesday, May 25, 2023, the Town of Lady Lake received a site plan application on behalf of property owner, SK Hammock Oaks, LLC for the construction of a 312-unit multi-family apartment complex.

JUSTIFICATION STATEMENT
The application proposes to retain 8 historic trees, or roughly 75% of the total viable, historic trees, with a total of 339 caliper inches saved.

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 three property owners within 150’ of the subject property of the proposed variance were mailed on Thursday, May 25, 2023. The property was posted on Tuesday, May 30, 2023.