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Vero Beach planning board approves Riverside Theatre expansion, allows removal of 42‑inch historic live oak
Summary
The Planning & Zoning Board on June 4 approved a minor site plan for a 4,261 sq ft expansion of the Riverside Theatre at 3250 Riverside Park Drive, permitting removal of a 42‑inch DBH historic live oak after staff reviewed three arborist reports; the approval requires mitigation under City Code Section 72.29(c)(1).
The Vero Beach Planning & Zoning Board voted 4‑0 on June 4 to approve a minor site plan submitted by Kite Properties LLC for a 4,261‑square‑foot expansion of the Riverside Theatre that includes removal of a 42‑inch diameter‑at‑breast‑height (DBH) historic live oak at 3250 Riverside Park Drive.
Planning Director Jason Jeffries told the board this is a quasi‑judicial review because the tree exceeds the City’s 36‑inch DBH threshold for designation as historic, and removal of a healthy historic tree can be approved only by the board under City Code Section 72.29(c)(1). Jeffries said staff could have approved removal only if the tree were shown to be diseased or dying, but the applicant submitted an arborist report finding the tree is healthy while asserting there is no practicable way to relocate it without killing it.
Kimley‑Horn landscape architect Kyler Durham presented the site plan and three arborist assessments prepared for Kite Properties. Durham reported visible trunk decay and prior storm damage, said the tree falls within the proposed building footprint and that relocation would be limited by underground utilities, roots growing into the building foundation, and proximity to electrical lines. He described the relocation constraint as requiring roughly one foot of root ball per inch of DBH, which for a 42‑inch tree would produce an approximately 42‑foot root ball and necessitate heavy equipment and utility rerouting.
Board members questioned mitigation and next steps. Member Samantha Irvin asked how many trees would be required as mitigation; Durham said the applicant estimated an equivalent replacement of 350 trees at a minimum 3‑inch diameter or, alternatively, payment into the City’s Tree Trust Fund. Planning Director Jeffries said more detailed mitigation requirements will be determined when the related major site plan for a parking lot returns to the board.
Chairman Jeb Bittner asked whether the City’s contracted or consulting forester had independently reviewed the applicant’s arborist reports. Jeffries said staff reviewed the three evaluations and felt comfortable with the findings; he added that consultation with the City Forester is required only under specific circumstances that were not met here.
Vice Chairman T.P. Kennedy moved to approve the minor site plan and the requested tree removal; Chairman Bittner seconded. The motion passed unanimously, with Members Irvin and Fortunato joining Kennedy and Bittner in the 4‑0 vote.
The approval authorizes removal of the historic live oak as part of the Riverside Theatre expansion but obliges the applicant to meet the City’s mitigation requirements for historic tree removal, either by planting larger replacement trees on site, paying into the Tree Trust Fund, or negotiating an alternative mitigation plan to the Board’s satisfaction. The Board will next review the related major site plan for the project, which may affect additional trees and the final mitigation approach.
