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 on commercial property.

The variance request is to allow the removal of two Live Oak historic trees located within the Gettings RV Storage development, owned by Glendall W. and Calliope A. Gettings and referenced by Alternate Key 1121612, 1584876, 2700416, and 3793334, within the town limits of the Town of Lady Lake, Florida.

On January 19, 2023, Mary L. Edwards, a Registered Consulting Arborist with Mary L. Edwards Consulting Arborist Services, completed an arborist report on the subject property which evaluated all historic trees proposed to be removed. The 6.62-acre project contains a total of nine historic trees, of which seven trees are considered in poor condition and two are considered in moderate condition. The applicant is requesting the removal of the two moderate /viable historic trees.

On Monday, July 10, 2023, a variance application was filed with the Town of Lady Lake by Jason Hurley with Springstead Engineering, on behalf of the property owners 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 6.62 acres of land located in Section 21, Township 18, and Range 24. The property is zoned Lady Lake Planned Commercial (CP) and the future land use is General Commercial – Retail Sales and Services (RET).

On Thursday, December 15, 2022, the Town of Lady Lake received a site plan application on behalf of property owners for the construction of:

A total of 486 square feet of Office Space and an 1,830-square-foot Manager’s Residence

Covered Parking Area A consisting of 4,800 sq. ft. and 8 RV Storage slots.

Covered Parking Area B consisting of 10,530 sq. ft. and 22 RV Storage slots.

Covered Parking Area C consisting of 33,200 sq. ft. and 45 RV Storage slots.

Covered Parking Area D consisting of 7,930 sq. ft. and 16 RV Storage slots.

Providing an RV Dump Station, Landscaping, Storm water Retention Areas and Sheds.

JUSTIFICATION STATEMENT

The applicant proposes to retain one 42-inch Live Oak historic tree as well as another 69 protected trees, thus providing over 800 tree caliper inches from trees to be preserved on-site.

The applicant states that the removal of the historic trees is necessary because the trees interfere with major site improvements affecting the layout of Life Safety Emergency Response Access, vehicle routes, and the proposed location of the buildings. The lot is very irregular and a symmetrical site plan layout to be able to work around these two trees is virtually impossible for this particular site. The applicant stated that the 52-inch Live Oak tree is located at the southeasterly corner of the proposed Canopy C Structure while the 60-inch Live Oak tree would be touching the east elevation and drive aisle of the proposed Canopy B Structure.

The applicant added that unfortunately, the trees are too large to relocate. A reasonable effort has been taken to preserve the trees due to the large building footprints; however, when considering risk and hazard, the trees are not able to be preserved.

The historic trees significantly impact the full right of the applicant to fully maximize best use of the land possible pursuant to the Land Development Regulations. The applicant proposes to retain 33 percent of protected viable trees (69 Trees). The tree requirement for the project meets the land development code and still provides 33 percent of the protected trees.

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. Based on the two historic trees proposed to be removed, the mitigation fee to the Town’s Tree Bank would be $11,200.00.

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 31 property owners within 150’ of the subject property of the proposed variance were mailed on Wednesday, July 26, 2023. The property was also posted on Wednesday, July 26, 2023.