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 Laurel Oak historic trees located within the proposed Boulevard Oaks Subdivision, owned by Palm Property Partners – Haymaker, LLC and referenced by Alternate Keys 1739438, 1237815, and 1739454, within the town limits of the Town of Lady Lake, Florida.

Andrew Kittsley, a Registered Consulting Arborist, completed an arborist report on the subject property which evaluated all historic trees proposed to be removed. The 41.22-acre project contains a total of five historic trees. Of the three Laurel Oak trees to be removed, one is considered to be at a moderate risk level and two are considered to be at a low risk level. The applicant is requesting the removal of the two low risk level/viable historic trees.

On Monday, September 25, 2023, a variance application was filed with the Town of Lady Lake by Jordan Theis of Palm Property Partners – Haymaker, LLC pursuant to Chapter 10, Section 10-5).c).3).A., of the Land Development Regulations (LDRs) which requires a variance for the removal of viable 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 41.22 acres of land located in Section 05, Township 18, and Range 24. The property is zoned Planned Unit Development (PUD) and the future land use is Lady Lake Single-Family Medium Density Residential (SF-MD).

On Mondy, April 3, 2023, the Town Commission approved the preliminary plat for Boulevard Oaks, a 160-unit subdivision. The improvement plat was submitted on by Chuck Hiott, P.E. of Halff on Wednesday, May 3, 2023.

JUSTIFICATION STATEMENT

The applicant proposes to retain one 44-inch and one 46-inch historic oak trees as well as 40 other protected trees, retaining over 850 caliper inches. The applicant will also be providing an additional 219 canopy trees.

The applicant states that the removal of the historic trees is necessary because the trees are located in areas that would prevent three homes from being built. The laurel oak trees to be removed will be replaced with live oak trees which typically tend to have a much longer life span.

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 36 percent of protected viable trees (42 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 $7,600.00.

Developers of all new subdivisions shall be required to apply 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 15 property owners within 150’ of the subject property of the proposed variance were mailed on Monday, September 25, 2023. The property was posted on Tuesday, September 26, 2023 due to inclement weather.