715 Seminole Road APP19-0002 Presentation CDBAppeal of the tree mitigation calculations for
tree removal on city property behind 715
Seminole Road.
Tree Permit Appeal
(TREE19-0019)
Site Context
715 Seminole Rd
Borders Howell Park
Irregular shaped lot
with narrow
backyard (7.3’)City Hall
Howell
Park
Site Context
Property
Line
Property
Line
Tree Removal & Need for a Permit
3 trees were removed from
behind 715 Seminole Rd in late
February
After the removal, it was
determined that the trees were
on city property
Section 23-31 prohibits tree
removal on city property without
the proper approval/permit.
Mitigation Required
Using pictures, google street view, and site visits, it was determined
that:
2 pine trees and 1 palm tree were removed from city property
Each pine tree was estimated to be 20” dbh and the palm to be 10” dbh
20” DBH
Mitigation Required
50 total diameter inches removed from city property
Section 23-33: Mitigation on city property is 1 inch of mitigation
required for every inch removed
Section 23-51: Regulated trees removed without a permit are
assessed two times (double) the established rate of mitigation
50” removed times 2 = 100 total inches of mitigation required
Process
March 18: Certified letter sent to property owners asking them
to submit a tree removal permit and providing 4 options:
1.Plant 100 inches of mitigation
2.Pay $14,800 (100 inches of mitigation at $148 per inch)
3.Appeal mitigation calculations to the Tree Subcommittee
4.Apply for a waiver from the City Commission
April 16: The applicants submitted a tree removal permit
May 7: The applicants appealed the mitigation to the Tree Subcommitee
June 12: Tree Subcommittee unanimously recommended denial of the
appeal
June 21: The applicants appealed the mitigation to the Community
Development Board
Rationale for Appeal
The applicants have stated that they were informed that one of
the pine trees was dead and, therefore, a safety hazard
The applicants would like this to be taken into consideration in
determining the required mitigation
Rationale for Appeal
Analysis & Review
Sec. 23-31: Pruning or removal of city trees.”It shall be unlawful
to trim, prune, or remove any tree which is within the city's
rights-of-way or upon any other city property without the
permission of the city as evidenced by the appropriate permit .”
Sec. 23-22 Exemption from the requirement for a permit:
Safety hazard.The removal of trees that pose imminent danger to
the public health, safety and general welfare shall be granted an
exemption upon inspection and determination by the
administrator that immediate removal without delay is required.
Analysis & Review
Sec. 23-8: Public regulated tree shall mean any tree on public
property with a diameter at breast height of 6 inches or more.
Sec. 23-33: Required mitigation on public property is 1 inch
mitigated for 1 inch removed .
Sec. 23-51: “Regulated trees or regulated vegetation removed in
violation of this chapter shall require an after -the-fact permit”.
“Regulated trees removed in violation of this chapter shall be
assessed at two (2) times the normal established rate of
mitigation specified in Sec. 23-33.”
Analysis & Review
A permit would not have been required if the trees were on
private property.
Irregular shaped lot and small backyard led homeowners to
believe trees were on their property.
Bing map aerials (late 2018) appear to show dead/damaged pine
tree.
Did not have permission to remove trees on city property.
Analysis & Review
The Community Development Board reviews the tree permit for
compliance with the requirements of Chapter 23
Vote to issue, deny, or modify the tree permit
Issue = the required mitigation is in compliance with the Code and
will remain at 100 inches
Deny = the required mitigation is not in compliance with Code
because of ____
Modify = to reduce or increase the mitigation, to place conditions on
the permit, etc.