Commission 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 17 historic trees located within the Hammock Oaks Multi-Family development, owned by Julian and Diana Malkiewicz, Lugano Development, LLC, and Joseph O’Dell within the town limits of the Town of Lady Lake, Florida.

On March 3, 2023, Laurie Hall, a Certified Arborist, completed an arborist report on the subject property which evaluated all historic trees proposed to be removed and scored them from 0-5, with 0 being the worst score and 5 being the best. The 273-acre project contains a total of 172 trees considered historic with a diameter at breast height at or above 36”. Of the 172 historic trees, 62 are proposed to be removed, 17 viable trees and 45 non-viable trees.

On Tuesday, April 25, 2023, a variance application was filed with the Town of Lady Lake, by Robert Walpole of CHW, Inc, on behalf of Julian and Diana Malkiewicz, Lugano Development, LLC, and Joseph O’Dell, 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 trees with a diameter at breast height (DBH) of 36” or greater.)

BACKGROUND

The subject property is approximately 273 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 Tuesday, April 25, 2023, the Town of Lady Lake received a preliminary plat application, on behalf of owners Julian and Diana Malkiewicz, Lugano Development, LLC, and Joseph O’Dell, for the construction of an eight-phase development consisting of 960 lots.

JUSTIFICATION STATEMENT

The overall project contains a total of 172 trees that are 36” and over, thus classified as Historic Trees. The trees total 7,085 caliper inches of trees. The proposed preliminary plat and accompanying Historic Tree Removal Variance requests the removal of 62 Historic Trees, however 45 of the trees to be removed scored 2.5 or lower or are Laurel oaks that are not of a condition to save as evidenced in the Arborist Report. As such, only 17 viable historic trees, totaling 731 caliper inches are proposed for removal or approximately 10% of the overall historic tree count. It’s worth noting that 110 historic trees with 4,657 caliper inches are being saved and incorporated into the open space and project amenities.

Some of the 17 viable historic trees requested for removal are being removed to accommodate the proposed roadways, stormwater management facilities, and other required infrastructure to support the over project. Others must be included in the mitigation calculations because they are located on lots. Whenever possible the trees located on the lots were strategically located on lot lines or at the rear of lots to increase their chances of being preserved. The project layout and design was thoughtfully put together with the goal of saving as many of the historic trees as possible and integrating them into the development including the amenities of the project.

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 all new subdivisions shall be required to submit an application for a clearing and tree permit along with a tree inventory at the time of initial submittal of the preliminary subdivision plan so that consideration may be given to the protection of native trees, historic trees and vegetation.

Notices to inform the surrounding 57 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.