Magistrate orders minimum tree replants, sets May 5 deadline after large unpermitted clearing on South Seamus Drive

The special magistrate ordered owners of two split parcels on South Seamus Drive to replant a minimum of 20 trees per lot, with a minimum 4‑inch caliper, and to fully mitigate remaining losses under the city’s land‑development code by May 5, 2025.

The order followed staff testimony that the properties were found in violation of LDR 6.04.051 (tree preservation) after extensive, unpermitted clearing. Planning compliance coordinator Channing told the hearing the code requires replacing 100% of the cross‑sectional area of trees removed without a permit; when on‑site replacement is infeasible because of future building, the code allows donation of replacement value to the city for planting on public property. "Replace 100% cross sectional area of the trees removed without a permit," Channing said, describing the replacement standard and the tree‑survey method staff used to calculate mitigation.

Neighbors described heavy canopy loss and local impacts. "I'm just here to request a plan to replace the trees and restore the canopy that they removed," said Casey Reed, a resident across the street, urging a concrete replanting plan. Another resident said the clearing left large grade changes and water‑runoff problems that concern nearby homeowners.

Channing presented the staff calculation from the tree survey: at a 4‑inch caliper baseline, staff estimated roughly 218 replacement trees for Lot 1 and 225 for Lot 2 to equal the removed cross‑sectional area. Because those totals are unlikely to fit on future built lots, Channing explained that owners can either replant on site to the extent possible or fund replacement plantings on public property.

After back‑and‑forth on feasible mitigation, the magistrate framed a practical corrective order: each parcel must plant at least 20 trees on site (minimum 4‑inch caliper) and otherwise fully mitigate the remaining required replacement under the land‑development code; if the minimum plantings are not completed, owners must pay the tree valuation for required replacement. The magistrate directed that the order be written to require species consistent with the existing canopy and deferred biodiversity details to planning staff. The magistrate also advised residents that grading or suspected building‑permit violations should be reported to the building department for separate inspection.

The order sets a compliance deadline of May 5, 2025; staff and the magistrate warned that failure to meet that deadline may trigger fines or other remedies available under code. The magistrate said repeat violations within five years could be treated as repeat offenses and face increased penalties.