Commission Meeting Minutes

5. Consideration of the mitigation proposal for irreparable harm to an historic tree at the 7-Eleven construction site located at 995 N. Highway 27/441, identified by Alternate Key Number 1237998.

In June 2021, M&L Lady Lake, LLC submitted a variance request to remove an historic tree that would allow for the construction of a 7-Eleven convenience store, a gas canopy, and a car wash to be built at 995 North Highway 27/441. The variance request was denied by a vote of 3-2.

Following the meeting, Jessie Heiny, P.E. of Florida Engineering and Surveying made a modification to the design of the site to accommodate the tree and the Commission approved the modification to allow for the development of the property. As part of the development proposal, existing structures on the property needed to be demolished. On January 20, 2022, the contractor for the project obtained a demolition permit to begin work on the property. The demolition plans that were provided to the contractor were not the updated plans that were approved that protected the historic tree. As a result, the contractor damaged the tree to a degree that the tree would not recover if left to grow on the property and certified Arborist William Needham, concluded that the tree should be removed.

Mr. Carroll recommended that a $4,000 fine be imposed, and options should be provided as to what replacement tree(s) should be planted. The Land Development Regulations state that 3 trees should be provided for the replacement of a tree removed of 36” or greater. Replacement in accordance with the code could be met by planting three canopy trees, or replacement with a larger caliper tree which may be preferred by the Commission. Town code requires that Trees shall have a minimum height of fifteen feet at time of planting or shall have a minimum caliper of four inches and be no less than twelve feet at time of planting.

Jessie Heiny – Engineer of Record - Florida Engineering and Surveying

Ms. Heiny said she made a mistake on her plans that she submitted to the contractors; she never updated the demolition plan. Ms. Heiny apologized, and said it was regrettable that it happened then she asked how the Commission wanted to move forward.

Commissioner Kussard asked if Ms. Heiny was talking about replacing the tree with one large or three smaller trees.

Commissioner Freeman said the first thing that happens when there is a development is that all the trees are removed; there is no regard for trees. At the time, Commissioner Freeman was not on the Commission but, as a citizen, he asked that the developer be more creative in designing the parking lot. He said they assumed they were going to get the variance for the tree during the engineering phase but now, they are having to pay a fine in the same amount as the variance. He feels it would be a good idea if in the future, they look at the trees prior to designing a plan and to not plan on getting a variance. He said it would be rare when he would be in favor of granting a variance for tree removal. He said 33 trees were removed for this project and now there is a drainage problem in that location. Oak trees will flourish when given space.

John Olters – Landscape Architect – Michael Pape & Associates

In response to Commissioner Kussard’s question, Mr. Olters said that it would be typical to pay a fine and replace the tree(s). If the variance had been granted, they would have placed trees on the site depending on space or they would have paid into the tree bank. Builders always battle getting the number of trees on site that are required. He has gone to extremes to save trees in the past only to have them die over a period of years. That does not make this right and it is regrettable that it happened.

Mr. Olters said that if they paid the fee of $4,000 and replaced the tree with four, four-inch oaks, that would not be a very good solution because the trees would be too crowded. He suggested planting one larger caliper tree. He went over prices of different caliper trees.

Commissioner Kussard agreed with planting one larger caliper tree; Commissioner Freeman concurred.

Mr. Olters then asked if they could get a larger tree and forego the $4,000 fine to which the Commission did not respond favorably.

After further discussion, Mr. Olters suggested that the $4,000 fine be paid and a 6” caliper tree be planted at a cost of $1,900.

There was deliberation among the Commissioners, and they came to an agreement.

Commissioner Hannan made a motion to approve the $4000 fine and for the developer to plant a 6” diameter live oak tree in place of the tree that was removed; Commissioner Holden seconded the motion. The motion passed by a roll call vote of 4-1 with Mayor Rietz dissenting.