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Pr - FEB i 1968 BOOK 7p PAGE 852 TO: Charles P. Balczun DATE: February 3, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: Robert M. K aI g, fP SUBJECT: LANDCLEARING/TREE REMOVAL Community Deve opm:► Director VIOLATION: KENNEDY GROVES THROUGH: Michael K. Miller Chief, Environmental Planner FROM: Roland M. DeBlois'OP REFERENCES: TM 88-371 Staff Environmental Planner KENNEDY GROVES/IBMIRD It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on February 16, 1988. DESCRIPTION & CONDITIONS: On October 5, 1987, County staff observed that the eastern +47 feet of parcel number 23-31-39-00000-5000-00006.0 had been cleared, including the estimated removal of at least eight (8) protected trees, without County landclearing and tree removal permits. The area cleared is approximately 2.8 acres in size, and is part of a +38.8 acre.tract located on the north side of C.R. 510, immediately west of Spring Place and Oceanaire Heights subdivisions and owned by Kennedy Groves, Inc. The property has been in citrus grove use since at least the 1950's but has been zoned for single-family development since at least 1969. Presently, the tract is zoned RS -6, Residential Single -Family up to 6 units/acre, as are the subdivisions to the east. The agricultural grove use on the site is an existing legal nonconfcrmlfy. The area cleared was a +47 foot forested buffer between the easternmost row of citrus trees and the tract's eastern boundary, which abuts the rear of 28 single-family lots (25 Oceanaire Heights lots, and 3 Spring Place lots). The buffer area that was .cleared consisted of a row of Australian pines interspersed with native hammock species, including a number of large oaks and bays. Since the removal of the forested buffer strip, Kennedy Groves, Inc. has planted a single row of new citrus trees. The original +47' wide heavily vegetated buffer area is now a +26' wide cleared strip. The referenced clearing and planting brings up two issues relating to Indian River County Code regulations: 1) the expansion of a nonconforming use; and 2) the landclearing and removal of protected trees without county permits, in association with the expanded nonconforming use. Staff have made the determination that the clearing and establish- ment of an additional row of citrus is an unpermitted expansion of the nonconforming citrus grove use, in accordance with Sec. 25(j) of the County zoning code. On January 11, 1988, the Respondent's appeal of the staff's administrative decision that the clearing and planting constituted expansion of a noncon- forming use was heard by the Board of Adjustment, which upheld staff's determination by a 3-2 vote. 34