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DESCRIPTION AND CONDITIONS: On July 17, 1985, Amdeco Commercial Developers, a subsidiary of Humana Hospitals, submitted a major site plan to the County for review and approval. The site plan was approved by the Plan- ning and Zoning Commission at their regular meeting on February 13, 1986. The plan proposes the construction of a single story, six unit medical office building to be located on the east side of Bay Street (83rd Avenue), just southeast of Humana Hospital in Roseland. Prior to site plan approval, the subject property was heavily forested with Sand pine trees, a predominate tree species in the area. The County Planning staff, taking note of this fact, placed special conditions on the approved site plan relating to tree protection. On February 7, 1986, staff issued Amdeco Developers a landclearing and tree removal permit. On March 26, 1986, staff, in conducting routine inspections, observed that Amdeco throuqh a hired contractor, Michigan Properties, Inc., cleared a portion of the site which was designated on the approved site plan as an area to be preserved and also cleared approximately two acres of property which was not within the boundary limits of the approved site plan. In reviewing the tree survey submitted by the developer, staff determined that one hundred and five (105) Sand pines were removed in violation of the County's tree protection ordinance. ALTERNATIVES AND ANALYSIS: This is the most extensive clearing violation to be brought before the Board of County Commissioners. Not only is this a case inwhich a large number of protected trees are involved; this action was taken in disregard of the tree protection conditions noted on the approved site plan and specifications of the tree removal/landclearing permit. 'The action was taken with the developer's knowledge despite staff input and communication with the developer's representatives at the Technical Review Committee meetings and on other occasions throughout the site plan review process. The destruction and removal of each of the above-described Protected trees without first obtaining a tree removal permit is unlawful and violates Section 23 1/2(a) of the Code of Laws and Ordinances of Indian River County, Florida. Section 23 1/2-16 of the County Code makes the unpermitted removal of each protected tree a separate violation and pro- vides that each violation is punishable upon conviction by a fine of up to $500.00 or 60 days imprisonment or both. If the maximum fine were to be levied as the result of this action, the dollar amount could be as high as $52,500.00. Mitigating measures such as replacement, relocation, or other landscaping improvements may be considered or required by the Board of County Commissioners in fashioning a remedy. Also as a result of this violation, the requirements of the approved landscaping plan (Section 13J, Code of Laws and Ordinances, Indian River County cannot be met in that eight Sand pines within the non -buildable area as depicted in the site plan were removed by the developer. ' These eight trees were to be used' as landscape credit which would meet the requirements of the landscape ordinance. APR 16 19811 43 BOOK 6 `Ar F.179