715 Seminole Road APP19-0002 Presentation Tree SubCAppeal 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
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.
Analysis
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
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
The applicants submitted a tree removal permit and are appealing the
mitigation calculations determined by the city
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 mitigation calculations
Tree Subcommittee Review
The subcommittee reviews the application for compliance with
the requirements of Chapter 23 and shall, by majority vote,
recommend that the administrator approve, approve with
conditions or deny the application.
Approve = the required mitigation is in compliance with Code
Deny = the required mitigation is not in compliance with Code
because of ____
A subsequent appeal would be heard by the Community
Development Board (CDB)
An appeal of the CDB’s decision would then be heard by the City
Commission
Tree Subcommittee 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. 23-51: “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.”
Sec. 23-33: Mitigation on public parcels is 1 inch mitigated for 1
inch removed.
Tree Subcommittee Review
Sec. 23-22 Exemption from the requirement for a permit:
Emergency situation.The removal of trees destroyed or severely damaged
during or immediately following an emergency (i.e., hurricane, tropical storm,
tornado, flood or any other act of nature) shall be granted an exemption when
the administrator determines that permitting requirements will hamper
private or public work to restore order to the city.
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.
Diseased or pest-infested trees.The removal of diseased or pest-infested trees
shall be granted an exemption upon inspection and determination by the
administrator that removal is needed for the purpose of preventing the
spread of disease or pests
Tree Subcommittee Review
The subcommittee reviews the application for compliance with
the requirements of Chapter 23 and shall, by majority vote,
recommend that the administrator approve, approve with
conditions or deny the application.
Approve = the required mitigation is in compliance with Code
Deny = the required mitigation is not in compliance with Code
because of ____