PZ 08/14/2013 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency August 14, 2013 Page 5 Luis Guzman Yes Daniel Hale Abstained Stanley Weinroth Yes Ron Bryan No Michael Wadley Yes The motion passed with a majority vote. Sixth Item of Business: SPR 13 -09: Circle K Tree Restoration. Consideration of a tree restoration plan required due to illegal pruning for property located at 1515 State Road 436. Mr. Jason Sorensen, Planner I, reviewed the information provided in his memorandum dated August 14, 2013, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Mr. Sorensen presented a PowerPoint presentation (a copy is attached and made a part of the minutes). Mr. Sorensen said Staff recommends approval of Staff's Recommended Restoration Plan attached as Exhibit D to the staff report which includes the planting of 11 trees (10 Crape Myrtles and 1 canopy tree) and the following conditions: 1. The Crape Myrtles shall not be seasonally pruned ( "Crape Murdered ") and shall reach their intended height and spread. 2. The Crape Myrtles shall be standard, single- trunk, and of the Muskogee or Natchez variety. 1 All landscaping on the site shall be maintained in a neat and orderly appearance. 4. The existing landscaping, including shrubs, shall be restored to a healthy condition. Replacement shrubs may be required and shall meet the Code minimum of 24" in height and 24" in spread. 5. Restoration trees placed on site shall be a minimum of 3.5" DBH with an overall average of 4.25" and shall be acquired from a nursery in minimum 100 gallon containers. 6. Remaining inches not placed on site shall result in a Tree bank contribution. 7. Restoration trees shall be "Florida Grade 1" or better. 8. The restoration plan and the conditions above shall be fulfilled within 45 days of this approval. 9. All conditions above shall be fully and faithfully executed or the restoration plan shall become null and void and Code Enforcement action shall commence. In response to the Commission's question regarding the Code Enforcement action, Mr. Sorensen said that the Code Enforcement action was based specifically for the trees. In response to the Commission's question regarding the enforcement of number 3 and 4 of the conditions of approval, Mr. Sorensen said this is an opportunity to improve the overall aesthetics of the site because smaller trees are being planted to replace the larger trees that are being removed. He said the upgraded shrubs will help restore the site to the original condition and this is enforceable as conditions of approval. Mr. Hale asked the applicant to come forward. Mr. Kevin Champagne, District Manager, 532 Sabal Lake Drive, Altamonte Springs, Florida came forward. In response to the Commission's question, Mr. Champagne explained that 9 months ago Circle K acquired 29 BP sites. He said that Circle K was not aware of the tree topping that happened in 2011. He