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Agenda 06-28-11
CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, June 28, 2011 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from May 24, 2011 meeting 5. Communications and Announcements: Report from Staff 6. Old Business: None 7. New Business: A.1. Sibia Building (NWSP 11 -002) - Request for New Site Plan approval to construct an 8,806 square foot two -story medical office building with retail pharmacy on a 0.66 -acre parcel located at 709 South Federal Highway, in the C -3 (Community Commercial) zoning district. Applicant: Hardial Sibia, HMRS, LLC. B.1. Florida- Friendly Landscape (CDRV 11 -006) — Request to amend the Land Development Regulations (LDR) to implement Florida - Friendly landscape techniques designed to decrease the impacts of development on the environment as well as to reduce the demand of potable water for irrigation purposes. Applicant: City- initiated. 8. Other 9. Comments by members 10. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742 -6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. SADevelopment \Planning & Zoning \P &D Boa rd\201 1 \Agenda& packet \6 -28 -11 meeting\Agenda 6- 28- 11.dot MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. ON TUESDAY, MAY 24, 2011 AT 6:30 P.M PRESENT: Roger Saberson, Chair Leah Foertsch Sharon Grcevic Cory Kravit Warren Timm James Brake, Alternate Mike Rumpf, Planning and Zoning Director James Cherof, City Attorney ABSENT Matthew Barnes, Vice Chair Brian Miller 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Mr. Kravit led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the Board members. 3. Agenda Approval Motion Mr. Brake moved to approve. Ms. Grcevic seconded the motion that carried unanimously. 4. Approval of Minutes from April 26, 2011 Meeting Motion Ms. Grcevic moved to approve. Ms. Foertsch seconded the motion that carried unanimously. 5. Communications and Announcements — Report from Staff Mr. Rumpf announced Messrs. Barnes and Miller notified the City they would not be present this evening. Mr. Rumpf reported the NW 2 nd Street /Ocean Avenue alley abandonment item that was previously reviewed by the Planning and Development Board was approved by the City Commission without any easements. 1 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 24, 2011 6. Old Business None 7. New Business: Attorney Cherof administered the oath to Mr. Rumpf. A.1 Ciaar Bar in Mixed Use Pod (CDRV 11 -005) — Amend the Land Development Regulations, Part III (LDR), Chapter 4, Article III, Section 6 to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development districts (PID). Applicant — City initiated. Mr. Rumpf explained Quantum Industrial Park includes some sophisticated terms in the Zoning Code that are unique due to the way it was created and the way it has morphed over the years. Using the map, Mr. Rumpf indicated that each lot had its own use option. Quantum Park is a DRI (Development of Regional Impact). It is also a Planned Industrial Development (PID) district. It has changed over the years given the rate of development and demand for commercial and residential land use and a developer who had a great desire to develop the land rather than wait for a perfect industrial opportunity. On numerous occasions the developer requested modification of the individual use options for different classifications within the Park. Those use options include commercial, industrial, research & development, governmental & institutional and office. Use approval is a term heard often when dealing with Quantum Park. There are three PIDs within the City. The uses allowed in the Industrial District are unique to that PID and are contained on a use approval list. The list of uses is reviewed by the Planning and Development Board for amendments and moves on to the City Commission for approval. A master list was created when the industrial park was established. In the Planning and Zoning Division, three lists exist that are used to guide the uses in each of the parcels. The newest addition to the Quantum Park PID is the Mixed Use Pod. The developers wanted to add residential land uses and expand the provisions for commercial uses. Until the Mixed Use Pod was created, the provisions were very stringent. The Park is 560 acres and when it was created in the 1980s, there was a vision to have some mixture that would include some institutional uses, some commercial uses and mostly industrial, office and research. The Mixed Use Pod was developed to add residential. Staff supported that request knowing what was coming in the future as far as transit - oriented developments near the Tri -Rail station. Certain lots now have the Mixed Use Pod designation and there is corresponding language in the Code governing the development of those sites. There is no individual use list for the Mixed Use Pod. Originally, the Code included the three categories in the Mixed Use Pod that included townhouse and multi - family residential, commercial /retail and business and professional offices. 2 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 24, 2011 Although the project is called a "cigar bar ", the word cigar is irrelevant because it is really the sale of alcohol which is captured by the definition of "bar ". Staff is now recommending changes in the allowable uses within the Mixed Use Pod that include: 1. Any permitted use in the C -1, C -2 or C -3 zoning districts is considered permitted in the Mixed Use Pod; 2. Any conditional use in the C -1 or C -2 zoning district shall require conditional use approval in the Mixed Use Pod; and 3. Bars and nightclub establishments shall require conditional use approval in the Mixed Use Pod. Staff supports the amendment to the Code. Mr. Timm acknowledged he had observed cigar bars in many places and in his opinion, they have attracted a high quality clientele and are usually quiet places. It was his opinion this would make a good business addition to the community. Chair Saberson noted this pod was originally approved for 234 residential units. He questioned whether they had been developed. Mr. Rumpf responded portions of the units have been developed; however, the center still retains vacant land to the west that has not been developed to date. Staff met with the property owner who is looking into a rental project for that property. Chair Saberson thought it would be unusual for the City to locate a bar within close proximity of residential. Mr. Rumpf felt that in a conventional zoning district that might be true; however, this is a mixed use development and this type of project would be more common. There is live /work zoning on the opposite side of the parking lot and this is a mixed use environment. Mr. Brake inquired about the locations of the other two PIDs within the City. Mr. Rumpf responded one is behind Lowe's at I -95 and Woolbright Road and the other is at High Ridge where Miner Road dead -ends just south of Cedar Ridge Estates. These are strictly industrial parks and this amendment would not apply to them. Ms. Grcevic observed more neighborhood bars coming into higher residential areas and it is her opinion this relates to drinking and driving. People want to be safe and like a local establishment that is quiet and peaceful that they can walk to from their homes. She supports keeping people safe on the roads. She noted the "Sweetwater Pub" is crowded with local patrons every night. Mr. Rumpf added that the live entertainment ordinance is new to the City and it is the City's attempt to have a different regulatory system over entertainment. Through the process, there is a simplified means of reviewing and allowing a live entertainment permit for these types of 3 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 24, 2011 uses. They are compelled to comply with the City's noise ordinance which is fairly strict. If they violate that ordinance, Code Compliance processes a citation and that permit could be taken away by the Commission for a year. The City wants to support entertainment within the City while maintaining peace and compatibility within the areas. Chair Saberson inquired about public notice for this item. Mr. Rumpf explained the newspaper notice for this project had been advertised for the City Commission. Chair Saberson felt when the application comes in for a conditional use, notice goes out to people within 400' and that is the time when the public will show up to talk about these types of projects. Mr. Brake confirmed with Mr. Rumpf that Quantum Park is the only area with a Mixed Use Pod by definition inside a Planned Industrial Development (PID). Motion Mr. Brake moved to approve. Ms. Grcevic seconded the motion that carried unanimously. S. Other None 9. Comments by Members None 10. Adjournment Motion There being no further business to come before the Board, Mr. Timm moved to adjourn the meeting. Mr. Brake seconded the motion that carried unanimously. The meeting properly adjourned at 6:55 p.m. Ra" det M. Prainito, MMC City Clerk 05/25/11 - 1 hr. 51 R_ r ' W, r 1 STAFF REPORT TO: Chair and Members Planning & DevV Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner 11 DATE: June 13, 2011 PROJECT NAME /NO: Sibia Building / NWSP 11 -002 REQUEST: New Site Plan PROJECT DESORIPTInN Property Owner: HMRS, LLC Applicant: Hardial Sibia, HMRS, LLC Agent: Fred.Griffin, Fred Griffin Builder, LLC Location: 709 South Federal Highway (see Exhibit "A "`— Site Location Map) Future land Use: Local Retail Commercial (LRC) Zoning District: Community Commercial (C -3) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed doses: Medical Office (6,456 sf) Retail /Pharmacy (2,020 sf) Acreage: 0.661 acre (28,778 sf) Adjacent Uses: North: To the north, a commercial parcel that is undeveloped, classified Local Retail Commercial (LRC) and zoned Community Commercial (C -3); South: To the south, an existing church (Grace Fellowship) classified Local Retail Commercial (LRC) and zoned Community Commercial (C -3); East: The right -o€ -way of South Federal Highway, then Sterling Village, a condominium complex classified High Density Residential (HDR) and zoned Multi - Family Residential (R -3); and, Staff Report Sibia Building (NWSP 11 -002) Page 2 West: The right -of -way of SE 4 th Street, then residential parcels classified Medium Density Residential (MeDR) and zoned Duplex Residential (R -2). >; The Sibia project was previously approved by the City Commission on April 21, 2009 (NWSP 09 -001). A building permit must be secured within 18 months of site plan approval in order to maintain the vested status, or a site plan time extension must be approved. On September 22, 2010 staff sent a written notification to the project agent of record for NWSP 09 -001 warning that the project would expire on October 21, 2010 unless a site plan time extension request was received prior to the site plan expiration date. A site plan time extension request was not received, nor was a building permit issued, therefore the site plan expired. Staff understands that the project agent did not relay the information from the City to the property owner. The current application request for new site plan (NWSP 11 -002) is very similar to the previously approved site plan that expired (NWSP 09 -001), therefore staff expedited the application review process. Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04 -007. Site Features: The subject parcel is long and narrow, extending from South Federal Highway west to SE 4 th Street. The lot has approximately 83 feet of frontage on both South Federal Highway and SE 4 th Street, and a lot depth of approximately 347 feet. The 0.66 acre parcel previously supported a small photography business (Smith Brothers Film Drop). The building was demolished and the parcel is vacant. The property is located within Study Area IV of the Federal Highway Corridor Community Redevelopment Plan and within the Urban Commercial District Overlay Zone. Proposal: Fred Griffin, agent for the applicant, is proposing a two -story commercial development of 8,806 square feet consisting of the following: 6,486 square feet of medical office and 2,020 square feet of retail space for a retail pharmacy; and 300 square feet of common area including lobby, mechanical room and elevator, for a total enclosed building area of 8,806 square feet (see Exhibit "B "). Medical office and retail are permitted uses in the C -3 zoning district. The entire project would be built in one (1) phase. Traffic: The project received traffic concurrency approval from Palm Beach County Traffic Engineering on April 6, 2009 for a total of 9,745 square feet of medical office, general office, and retail uses. The Palm Beach County Traffic Division is in the process of reviewing an updated project traffic statement, and the updated traffic concurrency approval for the project has not been received to date. However, the proposed project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and would therefore meet the Traffic Staff Report Sibia Building (NWSP 11 -002) Page 3 Performance Standards (TPS) of Pala Beach County. Staff recommends that traffic concurrency approval from Palm Beach County Traffic Engineering be required prior to the issuance of a building permit for the project (see Exhibit "C" — Conditions of Approval). School: School concurrency is not required for this type of project. Utilities: The Utilities Department advises there is sufficient reserve capacity to provide water and sewer service to the proposed project. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this Project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police /Fire: Staff has reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The project proposes two (2) points of ingress /egress. one from South Federal Highway accessing the front (east), and another from SE 4th Street accessing the rear (west). Each access point would consist of a two -way drive aisle 24 feet wide. Circulation: From the front driveway, vehicular circulation would include two -way understory circulation that continues throughout the parking lot to the rear driveway. Enhanced pedestrian connectivity would be provided via continuous walkways from South Federal Highway through the site to SE 4 th Street, Parking: The project proposes a total of 6,786 square.feet of medical office space (including 300 square feet of common area) and 2,020 square feet of retail space. Parking for medical office and retail use requires one (1) space per 200 square feet of gross floor area. Based on the gross square footage of the project, a minimum of 46 parking spaces are required. A reduction of five percent (5 %) of the parking (2 spaces) may be approved per the Land Development Regulations when certain conditions and criteria, such as enhanced landscaping and pedestrian connections, are met. The site plan indicates enhanced landscaping with all sod areas replaced with colorful groundcovers, and enhanced pedestrian connections with continuous sidewalks along both rights -of -way through the site therefore parking was reduced by two (2) spaces. The site plan complies with the required minimum of 44 parking spaces, including four (4) handicap spaces near the building's west entrance. All parking spaces are located to the rear (west) of the proposed building. The 90- degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and sixteen (16) feet in length and include continuous curbing as well as a two (2) foot overhang. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Staff Report Sibia Building (NWSP 11 -002) Page 4 Landscaping: The site has been cleared of all vegetation. Per the City's Tree Preservation Ordinance, a total of 36 caliper inches of trees/ are to be provided to mitigate the 36 caliper inches removed. The landscap plan (sheet L -1) and plant schedule (sheet L -3) indicate three (3) Sabal palms of 12 caliper inches each and varying from 12 feet to 18 feet in height, will be provided as mitigation plantings. All mitigation trees will be located within the north property line buffer near the area where existing overhead wires are to be relocated underground. The landscape plan indicates compliance with the required minimum buffers around the perimeter of the development. A six (6) foot wide buffer is proposed adjacent to Federal Highway, typical of new developments within the Urban Commercial District Overlay ,Zone where a "build -to line" (i.e. building placement) is required within zero (0) to fifteen (15) feet from the right -of -way. The landscape plan indicates a ten (10) foot wide buffer along the north property line and a pedestrian walkway seven (7) feet in width, except where the building is proposed at the minimum zero (0) side setback. The landscape plan indicates a seven and one -half (7.5) foot wide buffer adjacent to SE 4 Street. A seven and one -half (7.5) foot buffer width is also proposed along the south property line adjacent to an existing perimeter landscape buffer for the neighboring church property. The landscaping provides a complementary mix of canopy and palm trees such as Silver Buttonwood, Orange Geiger, Southern Live Oak, Cassia, and Sabal and Montgomery Palms. All canopy trees would be the required minimum of four (4) caliper inches as measured six (6) inches from grade at time of planting or the equivalent total caliper inches required. Montgomery Palms, 18 feet in height at time of planting, would frame the proposed building as foundation trees, required to be one -half the height of the building. Shrubs would include Red Tip Cocoplum, Green Buttonwood, Dwarf Fire Bush, Wax Jasmine, and Fakahatchee Grass, and groundcovers would include Dune Sunflower and Blueberry Flax. The site plan indicates that 20% of the site would be pervious consisting of landscaped and open space areas. The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet L -3) indicates the landscape plan would provide a total of 25 canopy trees, of which 100% would be native species. The plant list indicates that 14 (or 73 %) of the 19 palm trees would be native species. Also, the landscape plan indicates a total of 587 shrubs, of which 307 (or 52 %) would be native. To further reduce irrigation demand, sod would be replaced with hardy groundcovers. Reclaimed (non - potable) waterwill be used as the source of irrigation for the project, along with a sensor system to reduce water use. Building and Site: The proposed 8,806 square foot commercial building is designed as a two (2) -story structure, with an under -story drive - through ingress /egress separating the ground floor space (see Exhibit "B "). The first floor plan (sheet A -210) indicates medical office space (1,469 square feet), storage, and a rear stairwell on the south side of the building. Retail space (2,020 square feet), and mechanical rooms, a lobby, and an elevator (300 square feet) and rear stairwell are located on the north side of the building. The second floor plan (sheet A -220) indicates medical offices (5,017 square feet). Surface parking and pedestrian areas and landscaped areas make up the remainder of the site. Staff Report Sibia Building (NWSP 11 -002) Page 5 The proposed building placement complies with the minimum setbacks of the C -3 zoning district (interior side setback of zero feet and rear setback of 20 feet) as well as the Urban Commercial District Overlay Zone where a "build -to line" is required within zero (0) to fifteen (15) feet from the right -of -way. Building Height: The exterior building elevations (sheets A -300, A -301) indicate the roof deck is proposed at a height of 28 feet 8 inches and a five (5) -foot parapet wall that extends up to a height of 33 feet 8 inches. However, based on the building design, total building height is measured from the midpoint of the highest pitched roof. Building elevations indicate the midpoint of the highest pitched roof would be 40 feet. The C -3 zoning district allows a maximum building height of 45 feet. Design: The contemporary Mediterranean design of the proposed commercial building resembles Spanish style architecture that would include a smooth stucco finish on masonry walls with stucco banding, and covered balconies for visual interest. Building details include adobe blend concrete S -tile roofing, decorative wooden brackets and columns, balconies with decorative aluminum railing, canvas awnings, ornamental aluminum grilles in stairwell openings that hatch balcony railings, and cross- hatched decorative scoring. The building walls are proposed to be painted a combination of two earth tone colors; a light peach color ( "Avid Apricot ") and a darker, terra cotta -like color ( "Sunset "). The trim, including stucco bands, columns, and decorative wood brackets would be painted white ( "Welcome White ") and the balcony railings, decorative lighting, ornamental grilles, and canvas awnings would be painted "Black of Might'. All paints would be Sherwin Williams. Lighting: The photometric plan (sheet A-102) proposes eight (8) freestanding concrete pole light fixtures 25 feet in height for the parking lot. Staff recommends as a condition of approval that the freestanding lights be reduced to 20 feet in height. Additional exterior lighting would be recessed ceiling mounted or shielded cut -off style lighting within the covered drive - through (see Exhibit "C" — Conditions of Approval). Black decorative lighting fixtures are also proposed on each building elevation, and will match the color of the balcony railing. Per the photometric plan, all proposed lighting is based on pulse start lamps operated with photoelectric control, and shall be shielded to direct light down and away from adjacent properties and rights -of- way. Signage: The east building elevation (Sheet A -300) indicates the proposed locations of wall signage for the future tenants of the proposed building. No signage details such as color and font have been determined by the applicant at this time. Staff recommends a condition of approval requiring the building wall signage to comply with the community design plan guidelines, such as a single sign style and one (1) lettering style, limited to two (2) colors that complement the building (see Exhibit" C" - Conditions of Approval). No freestanding monument sign is proposed, Public Art: Two (2) tile murals are proposed to comply with the public art requirement. One (1) mural is proposed on the east (front) building elevation between the front doors of the first floor retail space. Another mural is proposed on the south building elevation. Both locations to exhibit public art by others are near Federal Highway for visibility. This artwork would include hand - painted tiles depicting abstract plant material. The artwork would complement the architecture of the proposed office building and enhance the ambiance of the proposed development. Ultimate review and approval of the artist and artwork is still pending by the Arts Commission. Staff Report Sibia Building (NWSP 11 -002) Page f Staff has reviewed this request for New Site Plan and recommends approval of the plans presented. if this request is approved, it is subject to satisfying all staff comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S: 1Planning \SHAPEE)1WP\PROJECTS1Sibia Building 709 S Federal Hwy1NWSP 11- 002tStaff Report.doc A E .z� 3 j I { �+ I EXHIBIT 1 ... SITE LOCATION MAP SI B I A L9. BP 11-0 1! 11 !! I � /c 180 90 0 180 360 540 720 III Feet N w � s g ril ff T .: ,: 4,3:!20,, 72...— ! rya 5'111116-1111 -11 M% Craw gntll I' Gwrenno i "SG Aiwa n - U M - -- - - - - - -- ---------------- - -, I -c L. 1 I I4 I I - EI I- 3 � 1 ! j .I � I I o,Y I — / r S - I ! 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ZEN 4t STRE= N �D O N CR n No 11E j TWA FEDERAL HIGHWAY too 2 1 C 1 sit PIERO "TH EX 4 "" ONDITIONS OF A Project Name: Sibia Building File Number: NWSP 11 -002 Reference: 2nd review plans identified as a New Site Plan with a May 26, 2011 Planning and Zoninq Department date stama marking. DEPARTMENTS INCLUDE REJECT �f ENGINEERING DIVISION =None previous comments have been addressed). F Comments: E FIRE Comments: None (AI previous comments have been addressed, other issues will be addressed durin the Permitting process). l POLICE I Comments: None (all previous comments have been addressed). BUILDING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the Commission and at permit review. 2. Buildings three stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. 4. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: j ! a. The full name of the project as it appears on the Development Order and the Commission- approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. i (CBBCO, Chapter 26, Article 11, Sections 26 -34). SIBIA BUILDING (NWSP 11 -002) CONDITIONS OF APPROVAL P�qe 2 DEPARTMENTS INCLUDE REJECT � 5. At time of permit review, submit separate surveys of each lot, parcel, or tract. 6. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission, 7. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing ' plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department. The City's GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning, & Building Division, 2300 N. Jog Road, West palm Beach, Florida 33411 -2741 (Sean li McDonald — 561-233 -5016) I b. United States Post Office, Boynton Beach (Michelle Bullard — 561- 734 -0872) 8. At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with 2007 FBC, Section 11 -4.6 shall be provided in accordance with Section 11- 1. 4.1.2(5)(a) except as follows: I a. Outpatient units and facilities: 10% of the total number of parking 1' i spaces provided serving each such outpatient unit or facility. b. Units and facilities that specialize in treatment or services for persons with mobility impairments: 20% of the total number of parking spaces provided serving each such unit or facility. 9. Sheet A000- Code Information — Building Code Data: This project shall be designed in' accordance with the 2007 Florida Building Code. The following Code Editions are also in effect: a. National Electric Code — 2008 b. Florida Fire Prevention Code — 2007 c. NFPA 101 — 2006 i [ RECREATION AND PARIS 3 No comments. 3 FORESTER/ENVIRONMENTALIST - SIBIA BUILDING (NWSP 11 -002) CONDITIONS OF APPROVAL Pane 3 i DEPARTMENTS INCLUDE REJECT No comments. , PLANNING AND ZONING I' 10. Prior to the issuance of a building permit for the project, an updated )) traffic concurrency approval from Palm Beach County Traffic 1 Engineering shall be required. 11. At time of permitting, revise floor plan (sheet A210) to indicate on the I building footprint of Suite B that proposed use is medical office (not professional business office). 12. The current code requires trees (except signature trees and palms) to be a minimum of 4 caliper inches measured no higher than 6 inches I above the ground. The applicant will cooperate with the City Forester in the field to adjust the landscaping as needed to meet the intent of E the code, through the use of larger specimens or through the planting 3 of additional material to meet the caliper of inches required. f 13. At time of permitting, revise proposed multi - tenant wall signage on i building elevations (including sign dimensions, and sign face area per sign) to comply with the requirements of the LDR. Based on length of , east elevation bridge wall, the maximum total sign face area allowed I for wall signage on the building is 51 square feet. Building wall signage shall be required to comply with the community design plan guidelines, such as a single sign style and one (1) lettering style, limited to two (2) colors that complement the building, 1 i 14. At time of permitting, revise photometrics plan detail of freestanding outdoor lighting pole from 25 feet to 20 feet in height (from grade to top of light fixture). Revise photometrics on plan accordingly. 15. If light fixtures on the ceiling of the under - building entrance can not be recessed, ensure the fixtures are cut -off style, with shielding to keep I the lighting source from being seen. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS i I To be determined. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. M W Rlkz S:1 Planning \S HARE D1wP1PRO.IECMSibia Buiiding - 709 S.Federal Hwy1NWSP 11- 002100A.dnc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY BOYNTON BEACH, FLORIDA PROJECT NAME: Sibia Building APPLICANT'S AGENT: Fred Griffin, Fred Griffin Builder, LLC AGENT'S ADDRESS: 1499 S Federal Highway, Suite 236, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 19, 2011 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 10,347 square foot commercial building consisting of medical office and retail, and related site improvements on a 0.66 acre parcel zoned C -3 Community Commercial. LOCATION OF PROPERTY: 709 S. Federal Highway, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included ". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other .• r City Clerk S:I PlanninglSHARED1VVP IPROJECTS\Sibia Building 709 S. Federal Hwy\NWSP 11- 0021DO.doc DEPAR OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ -022 T®: Chair and Members Planning & Development Board FROM: Eric Lee Johnson, AICP Planner Il THROUGH: Michael Rumpf �� �� �' Planning and Zoning D rector DA'C'E: June 21, 2011 RE: Florida- Friendly Landscaping CDRV 11 -006 The rewrite of the City's land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post - adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives (the attraction and retention of businesses, and response to changes in the economic environment); 2. Sustainability initiatives (to further general energy conservation and /or the specific recommendations of the Climate Action Plan or for general energy conservation); 3. Internal consistency (those amendments warranted to address identified internal inconsistencies or errors); 4. Regulatory compliance (responses to changes in State and / or county laws and regulations); and 5. Implementation feedback: (those adjustments in standards, regulations, and processes necessary to meet original or current objectives and vision). 1 Amend the land development regulations by inserting Florida- friendly landscape provisions that will be applicable to non - residential, multi- family residential, and planned residential uses. The proposed code amendment would further the initiative for sustainability and implement one of the recommendations from the City's Climate Action Plan (CAP), which was approved in 2010. The City's landscaping requirements, approved with the adoption of Ordinance 10 -25 (LDR Rewrite project), included several provisions that are based upon the Florida - friendly landscape principles (e.g., drought tolerant species). Staff later concluded that more research should be conducted on the topic and that additional enhancements to the code would be beneficial, particularly due to the increased need for water conservation. In fact, as of today, the South Florida Water Management District (SFWMD), which is the governmental entity that manages water distribution to Palm Beach County and 15 other counties, recently declared a water shortage in south Florida due to what is called a record - breaking dry season. Because of the lack of rain, the SFWMD issued general watering restrictions which apply to homes, farms, nurseries, and golf courses located throughout Palm Beach County. Furthennore, the SFWMD predicts that many of its monitoring areas and data collection points will continue to experience moderate to severe drought conditions for the remainder of this dry season. To promote water conservation, the City's CAP contains an Implementation Strategy (4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation) that states the following: Adopt Florida - friendly landscaping principles in the land development code, including identification of permitted and prohibited species. Establish landscape requirements in the City's LDR with a target of greater than 50% for new landscaping consisting of Florida - Friendly species, including lawn grass. According to SFWMD Interim Executive Director Tommy Strowd, "Water -smart landscaping makes sense considering outdoor irrigation accounts for half of all potable water use. Transforming an outdoor space into a Florida- friendly yard is a great way to conserve water and protect regional water resources." The University of Florida's Institute of Food and Agricultural Sciences (IFAS) helped create the nine (9) Florida - friendly landscaping principles. The intent of these principles is aimed at reducing the environmental impact of development by employing sustainable landscaping / maintenance practices. The nine (9) principles are listed as follows (also see Exhibit 61 . 1. Right Plant, Right Place 2. Water Efficiently 3. Fertilize Appropriately 2 4. Mulch 5. Attract Wildlife b. Manage Yard Pests Responsibly 7. Recycle 8. Prevent Stormwater Runoff 9. Protect the Waterfront The Florida Department of Environmental Protection (DEP) developed a model ordinance intended to guide the adoption of these principles. Staff reviewed the model ordinance and used it as a guide in drafting the proposed regulations contained in Exhibit "B." The new provisions would be inserted into the following articles of the LDR: Chapter 1, Article II Definitions; Chapter 2, Article III Engineering Division Services; Chapter 4, Article I Environmental Protection Standards; and Chapter 4, Article lI Landscape Design and Buffering Standards. The intent of these regulations is to foster a more sustainable outdoor environment on developed non - residential and multi- family residential sites, while taking into consideration feasibility and financial impacts upon the development community, landscape industry, businesses, and property owners. It should be noted that the draft regulations were distributed to local stakeholders (i.e., nursery grower, landscape architects, landscape contractor, and irrigation contractor) and their feedback has been positive and incorporated into the proposed regulations. Staff is proposing the attached provisions to implement a CAP recommendation. The intent of these regulations is to decrease the impacts of development on the environment as well as to reduce the use of potable water for irrigation purposes. The new provisions would apply to all new non - residential, multi- family residential, and common areas within planned residential developments. S: IPlanninglSHARED \WPISPECPRO)1CODE REVIEWICDRV 11 -006 Florida- friendly landscaping\StaffReport.doc 3 FLORIDA-FRIENDLY LANDSCAPING 7 The rinci les of Florid a- Friendl Landscaping include l.antin the ri. ht Plant in the rip-ht place. efficient aterin , ro mate fettilxzatica . rriulclrin attraction of�nildIife, res tensible rriana crnent of yard eats, rec clip yard waste: reduction cif storm eater runoff. and waterfront rotection, Additional com onents of Florida- Frieridl andsca e include laa��zin and desi n, soil analysis. the use of solid waste corn oat radical use of turf aril r ro cr maintenance_ The fc?lloin definitions shall also a l UASC APP, - The planting of a uatic and wetland laz�ts in tlic enhancement, restorat .. estuarine, or rriarxne s stems. UTOM.AfIC C O'NT ROLLER — An electronic device. ca able of automated o: exation of valve stations to <set the 'time: daratiion and fre Auency of a water application based upon soil moisture probes. combinatioza of radices based' on ' esearch `field�testin' nd ex ere review determined to be the most effective and racticable'on.- lcication inaeans. inclad.in economic: and technolo ical considerations for irn r ina wat (iu �ali.ty. conservir� r water u . lies and rotecti.ri. �7atural resources. See "BIOI TENvstvE INTEGRATED PEST MANAGEMENT." COMMERCIAL FERTILI PPLIC ATO ATiy per SOD who app I ies fC r' ilizer on :turf and / or lan.dsca e' 'lanes zn tlac Cie in ex.chan .e for mane , foods. services car other valuable consideration CONSTANT ;PRtSSURE / FtOW CsC3N` RO - A device that maintains a constant flow, pressureor both. EMITTER - This term primarily refers to devices used in microirri }ation systenm 'ERTILIZE FE TILIZING CI FERTILISATION - The act of a lying fertilizer iii fertilizer produetto 'turf 's ecialized turf 6f landsca e p lant. 'ERT'I LIAR' ' - Anv substance or mixture of substances, excep p esticide i fertilizer mixture's sueh as "weed and feed" roclucts 'that contains one ox rtisre re cognized lent nutrients and r ©mates lent yrc�ivth. or ec�ntrols scsi.l acidic car alkahnit, or p rovides other soil enrichment, or providestler corrective measures to the soil. FITTER - A device in irrigation distribution systems that separates sediment or other ford matter. GR OUND COVE - L caw �ro�T n � lams other than tur #` ass. used to cover the soil and form a continuous, low mass of foliage, GUARANTEED ANALYSIS - 'Me percenta of plant nutrients or measures of neutralizing ca abilit elairned to'be res in a fertilizer. HARDSC APE — areas such as atios decks_ drive a s, aths ".d sidewalks that do riot require i�atit�n. H IGH WATER USE PLANTS - 'Plante that req irrigation to p.ovide supplemental water on a regular basis throu lout the year, or are so identified b a regglatoEy a g ency havin j urisdiction, When placed in. a naturally lei -b water table area a ` ro mate to the 'lath -,uch that irrigation is not r eq uired, , ` such plants shall not be considered bi h water use for the p ii rises `d the 'Florida-Friendly standards. Ii1 DROZ NE - A distinct ou iri g of Mlants witb simlar Water needs and climatic requirenients. INFILTRATION '.ELATE - The rate of grater entr into the soil ex ressed as a d tb o.f water er unit of time inches per hour). INTEGRATED PESO' ' MANAGEMENT lIP M) A n .. effective and environmentally sensitive a. roach to n est management `:that relies on a combination of 'common -sense racticcs. Pi o rns use current, comprehensive information on the life 'cycles of pests and theirjnteraetion with the environment. This information in combination with 'available pest control methods is`used to m.ana e est darna e b the. most econan rrcans, and with the least possible hazard to pegple, prop and the environment. JRRJGATF,D LAN DSCAPE AREA -'All outdoor areas that require a permanent irrigation system. WRIIGATI ON SYS TE _ A constructed watering system designed to transport and distiibute water to plants. I RI ,kTIC.ClN ZOINE A of s rinkler beads or microirri gation emitters operated by the e ontrol of one valve. LANDSCAPED AREA _-- The entire parcel; ..._.less the 'building footprint, driveways, hardscape and ether imperveious areas, such as decks, patios, and non- porous areas, Water features are included in the calculation of the Iandsca ed area. LOW-FLOW POINT APPLICATORS — Irri tion app licators with out ut less than oallrs s r�r'irour :h, LOW MAINTENANCE ANCE ZO E __. An area with a minim am of sip ) feet in r adjac ent 'to water'caurses; which is ` laritcd and rnar�a ed in order to minimize the d eed for der zation mate . owin etc LOW WATER USE PLANTS . Permanent lanes that do not need u lerr, ntal water be oncl natural rainfall car are so identified :bv a re nalator aen��j.urisdiction not needing irri� to survi [ICROCUMATE -- The climate of a sp ecific area in 'tire landsca e that has substantiall differin« sun e osure tern erature. or ind than surroundin x are or the area as a whole, resiilting in different needs `and rc izirer icnts. MICROIRRIGATIO N: (LOW VOLUME) - The applicatio n of small q uantities of wa er directl on or 'below the soil surface, 'usuall as discrete fro s. 'tin. streams or miniature ra s thirou h emitters p laced aloe the water deliver is cs (laterals). Mi.croirri atiori encorri. asses a number of rncthcds or concc is inclttdin v :d�� . siibsurface,'bulilsler and :s ra irri anon, reviou referred to as trickle irrigation lc��y iTcilue. c�r'l:ciau fic�� ir°ri anon. MODERAT WATER USE PLANTS M- Plants that need suppjernental water during seasonal dr eriods. MOIt.STIiRI SENSING DEVICE OR`SOIE MOISTU SENSO -1A device to `indicate soil moisture in the root zone for the purpose of conirollin an irrigation system based on the actual needs of the plant. MULCH - Non - livin . -sir anic, or _ syi rthetic materials customarily used in landsca c design to retard erosion axed retain mciisturc. N ATIVE VEGETATION - An p lant sp ecies with a geographic distribution indi enous to all. or part, `of the State of Florida as identified ire.: Wunderlin. R. P. 1998. . Guide to the Vascular Plants of Florida. Univcisit Press of Florida, Gainesville, NON-COMMERCIAL APPEIC',4'll`O - An erson that ap plies fertilizer 'for the Purpose of maintaining turf an.d / or landsca c plants, Non - commercial applicators shall illclude but not be limited to owners and managers of ublic lands, schools, arks. tell ions institutions, utilities. and an residen roPerties maintained in condominium and /err common ownership, PASTURE - Land used for livestock Lrazine that is nmangged to rovide feed v alue. PLAIT BED - A g�Qu ing of trees. shmbs, ground. covers, perennials or annuals growin togethcr in a defined area devoid of turfgrass_ :normally Using inch around the plants. PLANT COMMUNITIES ITIE - An association of Wants that are dominated by one or more roininent s ecies or a characteristic ghysical attribute. POIi~ T €Ili` CONS `ECTIOT� (POC) The location where an ini ation system is connected to a w titer � POP-UP SPRAYS - Sp ray heads that o u with. water ressure and rovide a continuous s ray . attern. throe shout a iven arc of operation. PRESSURE TANK - A pressurized h olding tank for irrigation water. PROOIBMTED APPLICATION PERIOD `- The'time eriod during which a Flood ateh'or`Warnxn !, or a Tropical Storm Watch or arnin . or a Hurricane Watch or Waming is in effect for an y p cmati.orr:tmf CITE' /CC3 TY , issued by the National Weather `Service or if heavy rain is li el . PUMP CYCLING ` - Irri ration urn cc�rrtin � o and shuttin. off fre uentl during operation of irrigation systems. RAIN SENSOR DEVI - A love voltag electrical or mechanical component laced in the circuitry of an automa(ic irri ation s steam that is desigped. to turn off )n all automatic irrigation systems since 1.99L S I T E APPROPRIATE PLANT A p lant that after establ.ishrnent, will thrive within Me 'environmental con itmon.s :that are normal for a sp ecific location - vithout artmfmcial'su lements such as irrii ation. "SLOW "LEA SE u CO I''TROLLED' I' ELFASE " "TIMED RELE "SLOWLY AVAIL BL;E." or " WATER INSOLUBLE NITROGEN" - Nitrogen. in a` forr�'€�hich delgys. l m.ts'availAbilit for plant uptake and use after application, or which extends its availability to the lant longer than a reference rapid or quick release �roduci. SOD OR LAWN - A piece of turf-covered: soil held togetb the roots of the turf. SOiL MOISTURE SENSOR - See "MOISTURE SENSING DEVICE." S OIL TEXTURE - The classification of soil based on the percentage of sand._ silt, a d clay i the soil. TTRiF T1JiN�12.ASS = A mat laver of rnonocot ledonous pl anes such as. but not limi to, Ba hia, B. rmuda, � g. it, iped P aspalum. St. Au s i - pe, and Z c�sia. VALVE - A device used to control the flow o w ater in the irri ation system. WATER USE ZONE - See " HYDROZONE -.. ` 4. Section 3. ..and Development Permit (LDP). A. General, I. Purpose and Intent. The purpose and intent of this subsection is to set forth a well - defined application process, review criteria, and uniform procedure for the processing of land development permits, and to ensure that developments comply with the drainage requirements of the South Florida Water Management District and other external agencies, and the respective standards described in the Engineering Design Handbook and Construction Standards, the City's Code of Ordinances, and these Land Development Regulations. 2. Applicabilty. The land development permit (LDP) shall be required prior to the commencement of any new construction (or modification) of site improvements, required infrastructure, and. activities listed hereunder. For the purposes of this subsection, a modification shall be construed to exclude simple maintenance and repairs of existing site improvements and infrastructure, as determined by the City Engineer or designee. The LDP shall be required for the following: a. Impervious Surfaces. Any new impervious surfaces of SOQ square feet or snore; b. Off-Street Parking Areas. Off-Street parking, vehicular use area, and loading zones on private property as described in Chapter 4, Article VI (Parking Lot, Vehicular Use Area, and Loading Zone Standards); C. Required Improvements. Any drainage, storm water and wastewater systems, and the other required improvements (e.g. utilities, streets, sidewalks, pedestrian and bicycle paths, etc.) as described in Chapter 4, Article VIII (Roadways, Utilities, and Infrastructure Design Standards); 5 d. Landscaping and Irrigation. Landscaping, including its irrigation, located within rights-of-way or that which is required on private property pursuant to Chapter 4, Article lI (Landscaping Design and Buffering Standards); e. Clearing and Grubbing Activities. Any proposal to cut down, move or remove, destroy, or effectively destroy through damaging any plant material protected under Chapter 4, Article I (Environmental Protection Standards). Excavation and Fill Activities. Any excavation, grading, dredging, or fill activities pursuant to Chapter 4, Article XI (Excavation and Fill Regulations); g. Exterior Lighting. Any exterior site lighting located within public rights -of -way or that which is required in off-street parking areas or other vehicular use areas pursuant to Chapter 4, Article VII (Exterior Lighting Standards); and h. Abutting Rights -of -Way. The application for an LDP shall generally include any off -site improvements and construction activity proposed to, or within, an abutting or contiguous night-of- way; however, the City Engineer shall. have the authority to require a right-of-way permit in those instances when the scope of work is such that it is not located within close proximity of the subject property or abutting right- ofway, and is a considerable distance off-site, and is not a direct component of the subject LDP. 3. Prerequisites to the Land Development Permit. The City Engineer or designee shall not commence the review of a land development permit application in instances when the Director of Planning and Zoning or designee determines that a site plan or a modification thereof is necessary. See Chapter 2, Article 11, Section 2.F for the site plan review process. In this section, the term "site plan" is also construed to include the master site plan and technical site plan review processes (see Chapter 2, Article 1I, Sections 3.A and 32, respectively). The review of an LDP application may occur concurrently with the review of a final plat in instances when the City Engineer determines a plat or replat is required, but in all instances, the LDP shall not be issued until the final plat is approved. B. Submittal Requirements. An application form for a land development permit shall be provided by the Engineering Division. Unless the City Engineer or designee determines otherwise, the applicant shall submit the completed form, 6 pay the fee as adopted by resolution by the City Commission, and provide all documentation required hereunder: 1. Survey. Seven (7) surveys sized 24" x 36 ", not older than six (6) months, and one (1) additional copy sized 1 I" x 17 ", showing the subject property and any affected rights -of =way, including alleys, shall be prepared and sealed by a licensed surveyor. The surveys shall also illustrate the following: a. Total gross project acreage and square footage; b. North arrow, scale, and legend; C. Property boundaries, legal description, and property control number(s); d. Existing natural features, including but not limited to lakes, trees and other vegetation, soils, and topography; e. Existing buildings and structures, including dimensions, height, and use; L Existing utility lines and easements; g. Existing ground elevations (street and finished floor); and h. Permanent reference monuments and permanent control points as required by Chapter 4, Article VIII, Section IC.4, 2. Site Playa. Seven (7) site plans sized 24" x 36" and one additional (1) copy sized 11" x 17" shall be prepared and sealed by a professional architect, engineer, or landscape architect registered in the State of Florida. The site plan shall be drawn to scale and indicate the following: a. Total gross project acreage and square footage; b. North arrow, scale, and legend; C. Future Land Use Map Classification (FLUM) and Zoning District (from Official Zoning Map); d. Tabular summary indicating the total building area expressed in square footage, including nonresidential floor area (if applicable) and. intended use of such floor area; %I e. Tabular summary indicating the total number of dwelling units (if applicable), including characteristics such as number of bedrooms, bathrooms, and size of each typical unit; L Tabular summary indicating square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas and other paved surfaces, building coverage, and pervious and impervious surfaces; g. Tabular summary indicating number and ratio (methodology) of required and provided off-street parking spaces and loading zones; h. Existing buildings and structures which are to remain, and any proposed buildings and structures, including dimensions, height, setbacks, and use; L Proposed off-street parking spaces, loading zones, and vehicular use areas (i.e. driveways), including dimensions, setbacks, traffic control markings, and signage; j. Proposed sidewalks and pedestrian areas, including dimensions and setbacks; k. Proposed fences and walls, including dimensions, setbacks, height, and material; 1. Proposed location of exterior freestanding lighting fixtures; and In. Proposed dumpster or trash receptacle location(s). 3. Civil Engineering Drawings. Seven (7) civil engineering drawings sized 24" x 36" and one additional (1) copy sized 1.1" x 17" shall be prepared and sealed by a professional engineer registered in the State of Florida. The civil engineering drawings shall be drawn to scale and illustrate the same general information as that shown on the site plan following (including associated easements and dedications), in addition to containing the following: a. Paving and grading; b. Potable water and sanitary sewer systems; C. Stormwater management and drainage calculations that were used in the design of the water management system; 14 d. Stormwater pollution prevention plan (SWPPP) and / or Erosion and Sedimentation Control (ESC) plan; C. Typical sections and summary of quantities; L Street lighting; ftftd g. Traffic control markings: and Via. Maintenance oftraffic�slan. 4. Landscape Plan. A detailed landscape plan shall only be required for those permit applications associated with the required landscaping as described in Chapter 4, Article 11 or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit seven (7) landscape plans sized 24" x 36" and one (1) additional copy sized l 1" x 17 ", all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following: a. Existing and press€l 1 vegetation (trees and shrubs), including species, height, and size, and any which are to remain; b. Locations of protected or specimen trees; C. Tabular summary of plant list indicating type of plant by common and botanical name, and quantity; d. Proposed berms, watercourses, and other topographic features; c. A notation on the method of irrigation; and f. Locations of required trash receptacles, bicycle racks, and trash receptacles. Locations of exterior li htin fixtures, utilit structures at- =rade and. belo�nr ride , casetr�ents, and ro osed civil en �ineeri improverraents. 9 5. Irrigation Plan. A detailed irrigation plan shall only be required for those permit applications associated with landscaping and irrigation lines as regulated wader Chapter 4, Article II (Landscape Design and Buffering Standards) or by the Engineering Design. Handbook and Construction Standards. The applicant shall be required to submit seven (7) irrigation plans sized 24" x 36" and one (1) additional copy sized 11" x 17 ", all of which drawn to scale, and prepared and scaled by a professional landscape architect in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following- a. The irri -yation system plans arid. specifications shall identif the materials to be used. the installation methods and estimate monthly water sayings as <cornpared to non microirrigation Irri gation 's Ystem plans and specifications shall under o final testin and adjustments to achieve desi s eci� cations rior to corn letion of the sy stem and ` accep b the ownef s re resentative and the City-, c. The water use zones shall be shown on the irri 7ation Ian and labeled as to their usa e e. g.. turf zone shrub zone etc . Location and size of p ulalic water meters ( domestic and reclaimed services . well or lake water or cistern stora� source, ffessure tank and rust chemical treatment. e. Location and size cif hackflow prevention device, and automatic controller, L Static water and design - ressure at point of connection and pressure- regulationralve shall be installed arld maintained if static Service pressure exceeds 80 pounds per square inch. The pressure regulating valve sh be located after the meter, g_ Location oI ower source single or three hase ; h. Location, type, size, and depth of all irrigation main and lateral lines and sleeves, i. Location and type of all irrig ation heads. quick cou lers- ate valves automatic flush valves, air vacuum relief varies_ soil moisture sensors, control switches, p_um s, starters, and other - related equipment, 10 Installation details and outlines ecifications for Ixac� revention device nxetal ca in , centroller. eontrc�l waives uicl cou lers. emitter heads. clr lines and e.rxitters, a:uttszn.atic and l or manual flush valves, air vacuum, relief valves main line and later line sipe. Ti cc nnectic�n tails. and all othe -rri zation related we ations: . Irrigation le€terid with symb2l, sine,, manufacturer. n oAg nurr bgj "PSl arzd GPM shown on each sh eet - . Irrigation grengEal notes and outline sp ec ificati o n and a�licalsle fcs rc�jcct: - sn. W eekly and monthly watering schedule for each hvdrozone: r�. A royal of irri atiorz s stem lens ands ecific ations shall also re wire that stht installer roide ro art own and users with the follo viri ost- cortstr uctiota docum entation, includin as- constructed drawings . recommended maintenance. activities and seheflules, o erational schedule, desi r� ci nation rates. instructions on adiusting the s stern to a lv l.css water after t lands ca. e is established,' .rraantenance schedule,' water source_ water„ shut -off :method, and. : the manufaeturer's o eration.al guide for their irrigation controller. When feasible similar information should be made available for subse uent ro ertv transfers. n. In order to assist the ro arty owner with tl�.e most efficient use of the irrigation s st.errr the c contractor shall su lv the fbIlowing information at the completion of the installation: As- built irriggion l law, lrrigatioxt sched.ulin.nforration. w ith instructio for seas tuner and sensor cllangres: and 1 An irri anonJalve site a detailin al Gallons er rnirute demands: fbj Preci_it rates; (e) Q ncratirx ure rec uirertxents for ... eaclr valve. 11 6. Tree Management Plan. A detailed tree management plan shall only be required for those permit applications associated with the 12 removal of plant material as regulated under Chapter 4, Article I (Environmental Protection Standards). The applicant shall be required to submit seven (7) tree management plans sized 24" x 36" and one (1) additional copy sized I I" x 17 ", all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The tree management plan shall illustrate the same general information as that shown on the site plan. The plan shall illustrate the trees that are to remain in place, as well as those which are to be relocated elsewhere on- site, including a notation regarding the reason for relocation. The plans shall also indicate the trees that are proposed to be removed and the reason for such removal. 7. Photometric Plan. A detailed photometric plan shall only be required for those permit applications associated with exterior lighting as regulated under Chapter 4, Article VII (Exterior Lighting Standards) or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit seven (7) photometric plans sized 24" x 36" and one (1) additional copy sized 11" x 17 ", all of which drawn to scale, and prepared and sealed by a professional engineer in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following: a. Detail of each type of exterior freestanding Iighting fixtures, including material, color(s), height, and sizes; b. Illumination levels (in footcandles), including a summary table indicating the average, minimum, and maximum footcandle levels; C. Certification of compliance with the latest edition of the Florida Building Code and the capacity to withstand 140 MPH wind load; and d. Proposed conduit routing. 8. Grading Plan. A detailed grading plan shall only be required for those permit applications associated with excavation, grading, dredging, or fill activities as regulated under Chapter 4, Article XI (Excavation and Fill regulations). The applicant shall be required to submit seven (7) grading plans sized 24" x 36" and one (1) additional copy sized I I" x 17 ", all of which drawn to scale, and prepared and sealed by a professional engineer registered in the State of Florida. The plans shall illustrate the following: 13 a. A topographical map depicting existing grade, paved conditions, and vegetation on the referenced property and to a point 50 feet off the property in all directions; b. A phasing plan, where applicable; C. Soil borings indicating the depth of the various materials to be dredged or excavated; d. A map indicating the location of soil borings; e. A topographical map with finished land elevations shown; L A description of the methods) involved in the excavation; g. A listing of the person or persons responsible for the work proposed; h. Tabulation of the amount of material to be moved; i. Plans for the abatement of nuisances such as the flowing of dust and sand; j. The steps to be taken to protect the water resources, if applicable; k. The height and location of proposed stockpiles; 1. The duration of stockpiling; M. The duration of the work; n. Traffic plans to include the treatment of internal roads, private or public street crossings; u. Points of ingress and egress to the site; P- Location of turn lanes, if appropriate; and q. Methods to ensure public safety during and after the work to be performed. 9. Native Florida Ecosystem Survey or Inventory. A detailed Native Florida Ecosystem Survey or Inventory shall only be required for those permit applications associated with the development of environmentally sensitive lands in accordance with Chapter 4, Article I 14 (Environmental Protection Standards). The evaluation of any proposed alteration of lands which are found to be environmentally sensitive shall be prepared by a professional biologist. The applicant shall be required to submit (7) surveys or inventories, sized 24" x 36" and one (1) additional copy sized 11" x 17 ", all of which drawn to scale. The surveys or inventories shall illustrate the following: a. Site location map with the specific property clearly indicated; b. Aerial photograph with the specific property clearly indicated (scale: one {1 } inch equals 6001 feet or less); C. Detailed map of existing terrestrial and aquatic vegetation, including exotic species within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and the Florida Department of Environmental Regulation; d. Soil types and conditions; C. List of endangered, threatened and rare species and species of special concern found on the site; L Areas or sites where colonies of birds are nesting or roosting or where migratory species are known to concentrate; g. Archaeologically and / or historically significant features as identified or recognized by State or Federal regulations; b. Geologically significant features; L Areas of previous disturbance or degradation, including present and past human uses of site; j. Surrounding land uses; k. Conceptual footprint of site development, including buildings, roadways, parking areas, utilities, water features, flood control structures, stormwater systems, wellfield locations, landscaped areas, buffer areas, preserve areas, and other open space areas, as an overlay to vegetation mapping; 1. Status of development approvals, including permit applications; and M. Project Operation. 15 (1) Description of proposed operations to be performed on the site including use, storage, handling or production of substances Down to be harmful to humans, plants and/or animals; (2) Identification of any pollutants expected to be emitted during project operation; (3) Identification of timing and source of noise and / or vibration impacts on resident and adjacent human and animal life; and (4) Project Alternatives. (a) Discussion of project alternatives should be provided, including options considered and rejected and the rationale for rejection of each option considered; and (b) Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern. C. review Criteria. The land development permit shall be consistent with the corresponding site plan and final plat, and comply with the standards and requirements pertaining to paving, grading, and drainage as described in the City's Code of Ordinances, Land Development Regulations, Engineering Design Handbook and Construction Standards, and as regulated by.the South Florida Water Management District and other external agencies. D. Approval Process. 1. Initial review. Within 20 business days following the submittal of a land development permit application, the City Engineer or designee shall review the civil engineering drawings to ensure that the paving, grading, and drainage complies with the review criteria of Section 3.0 above. If deficiencies persist on the drawings, the City Engineer shall provide the applicant's engineer of record with a written account of all the issues, citing the specific chapter, article, section, and paragraph. Upon receipt of such findings, the engineer of record shall make the necessary corrections or revisions as defined in the written statement, and resubmit the civil engineering drawings to the Engineering Division. 16 2. Technical Compliance and Issuance of Permit. Once the drawings are found to be acceptable, the City Engineer or designee shall issue a written statement of technical compliance, and notify the applicant of any fees, surety (in accordance with Section b below based on the cost estimates provided by a duly licensed professional in the State of Florida), and permits that are required from any external agencies, such as fiorn the South Florida Water Management District or Department of Transportation. The LDP shall be issued by the Engineering Division once the aforementioned items, the final plat, and any other documents required by the City Engineer or designee, are found to be acceptable and meets the provisions of this ordinance. The applicant will then be allowed to commence work on the impervious surface, off-street parking, vehicular use areas and loading zones, paving, grading, and drainage systems, and other required improvements as specified in Section 3.A.2 above. 3. Construction activity. Construction shall be performed under the surveillance of, and at all times, be subject to review by the City Engineer or designee; however, this no way shall relieve the Florida - registered engineer of record of responsibility for administration, coordination, and final compliance with the approved plans, specifications, and all applicable rules, laws, ordinance, and resolutions. The City Engineer or designee shall have the authority to enter the property during the progress of construction. The applicant's engineer of record shall submit construction progress reports at points of progress prescribed by the City Engineer, as well as final certification of completion of required improvements. The engineer of record shall coordinate joint reviews of construction with the City Engineer or designee. The City Engineer or designee shall have the authority to stop work upon failure of the developer or engineer of record to administer and / or coordinate the construction of the required improvements as prescribed by this ordinance. 4. Completion. In order for final closeout and project completion of the required improvements, the engineer of record shall certify in writing that the required improvements were installed under his responsible direction; that all improvements conform with the approved civil engineering drawings, and all laws, regulations, codes, and ordinances. In addition, the applicant's engineer of record shall submit tests and reports (concerning the work and materials used during construction of the required improvements), in addition to as -built drawings on a high quality time stable reproducible material showing the original design as compared to the actual finished work. E. Expiration. All required improvements shall be completed within one (1) year of the date of issuance of the LDP, Unless the time period is otherwise 17 extended, the permit shall become null and void if the applicant is unable to complete the work within the stated timeframe. F. Extension. An applicant may petition the City Engineer to extend the approval of a land development permit for an additional time period, not to exceed one (1) year, provided that such written request for extension is filed 30 days prior to the expiration of the preceding one (1) year period. The fee for the extension shall be in the amount as adopted from time to time by the City Commission. G. Miscellaneous. No Certificates of Occupancy will be issued for buildings in the platted developments until all required improvements are completed, approved, and / or accepted by the City, except that it is the prerogative of the developer to post an additional 110% surety for work that may be more prudently put in place subsequent to building construction, such as sidewalks and landscaping. Certificate of occupancies will not be issued until such work is approved and / or accepted by the City as completed. ' t:. t Article 1. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article IV. Sign Standards Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Exterior Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation Article X. Flood Prevention Requirements Article XI. Excavation and Fill Regulations Section 1. General. A. Short Title. This article shall be known and maybe cited as the "City Tree Preservation Ordinance." B. Purpose and Intent. The City recognizes the inherent value of trees and other plant material. Healthy vegetation aids in reducing destructive environmental factors to real property, such as wind, noise, and the potential for erosion to the City's soils and beaches. Trees and shrubs contribute towards .energy conservation and management by 18 producing oxygen and absorbing carbon dioxide. They have a positive effect in surface drainage, and help to provide a beautiful and aesthetic environment for residents, businesses, and visitors. The purpose and intent of these regulations, therefore, is to promote the health, safety, and welfare of the community by establishing rules and regulations governing the protection of trees and vegetation, in conjunction with encouraging the installation and / or proliferation of healthy trees in shrubs and appropriate locations and quantities. C. Administration. The Director of Planning & Zoning or designee shall have the authority to interpret and administer this article. D. Applicability. The provisions of this article shall apply to all real property in the City that is intended for development or redevelopment, and when such tree removal activity is initiated by the property owner or agent thereof. E. Exemptions. The protection standards and permitting processes of this article shall not apply to the following: 1. Single- Family Homes and Duplexes. Individually platted lots containing single - family homes and duplexes located within single - family and two - family residential zoning districts are exempt from the protection standards and permitting processes of this article, provided they do not contain specimen trees. Specimen trees shall be protected in accordance with Section 3.13 below. 2. Community Carden.All fruits, vegetables, nuts, and herbs shall be exempt from the provisions of this article with respect to those that are planted and growing on the premises in connection with a community garden and when approved by the City pursuant to a zoning pen or conditional use / site plan approval, whichever is applicable. 3. Nurseries and Tree Farms. All licensed plant or tree nurseries or tree farms shall be exempt from the provisions of this article only in relation to those trees planted and growing on the premises of such licensed business, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of such business. 4. Public. Utility Agencies. Public utility agencies are authorized to remove existing trees that interfere with infrastructure located within easements or rights-of-way, or which 19 otherwise endanger the safety and welfare of the public, without the requirement or need to obtain a City permit. 5. Emergencies. The provisions of this article may be waived by the Director of Development during a period of emergency, such as during a hurricane, tropical storm, flood, or any other Act of God. 6. Hazardous or Diseased Trees. No permit is required to remove hazardous or diseased trees, provided that the subject trees are removed under the supervision of a Certified Arborist in accordance with the standards of the International Society Arboriculture (ISA). F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. G. Conflict. Whenever the regulations and requirements of this code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. Section 2. City Approval Required. No plant material or vegetation shall be cut down, moved or removed, destroyed or effectively destroyed through damaging without first securing the necessary City approvals and permits as provided hereunder, except in instances when exempt from these regulations in accordance with Section I.E. above. The following processes and permits shall be available to ensure that all clearing and grubbing activities comply with the standards of this article: A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned clearing and grubbing activities: .. Site Plan Review. Except for individually platted lots containing single - family and duplex homes located within single - family and two - family residential zoning districts, the site plan review process shall be required and reviewed in accordance with the procedures set forth in Chapter 2, Article Il, Section 2.F. prior to the issuance of any land development permit. For the purpose of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications, and to ultimately mean the process by which a landscape plan is approved. The City Forester may require the submittal of a tree 20 survey, tree management plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, as part of the site plan application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Section 3.B below. 2. Laval Development Permit. The land development permit process shall be required, and initiated only subsequent to the approval of a site plan (landscape plan) application, except in those instances when site plan review is not required. The land development permit application shall be processed in accordance with the procedures set forth in Chapter 2, Article 111, Section 3. The City Forester may require the submittal of a tree survey, tree management plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, as part of the land development permit application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Section 3.13 below. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. B. City Rights-of-Way. A right- of-way permit application shall be required for any proposal to remove plant material from a City right -of- way in accordance with the procedures set forth in Chapter 2, Article Ill, Section 4. The City Forester may require the submittal of a tree survey, tree management plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, as part of the City right- of-way permit application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Section 3.13 below. Section 3. Preservation prinei les. Std. lam. High 'Ecological Importance. Areas that are considered to be of hi h ecolo 'cal im . ortance should be given hi hest riority for rotection. These areas include but are not limited to the followin l have occurrences of 'federal and state listed s ecies of flora and fauna; 2' high biological diversity: 3 located in aquifer recharge zones; and 4 known to inhabit threatened and endangered species of fauna and flora. Therefore the follo�vin _ natural areas shall be rotected as follows: B. Easements and hts -a£ way- Utilities, stormwater casements and rights should avoid reserved areas. C. Contiguity. Areas set aside fo rvation should be contisuous arcelsf land that are interconnected and consid viable 21 habitat for wildlife to the extent ractical. _ Small fragmented areas of preservation should be avoided when possible. Section 4. Standards. The following standards shall be considered in order to ensure the protection of existing vegetation: A. General. All proposed developments shall be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the City's landscaping requirements and all other applicable regulations shall be fully complied with as minimum standards. No tree shall be removed from any City property, lands, public park, or any areas within a City right -of -way except in accordance with the provisions of this article. High-quality areas placed in preservation shall be retained in entirety in their current or improved natural state, and protected in e °faI reegardless of o vnershi . 1'his're a rer nt Ana `be rie otiated to create conti ous reservations ani lant communities. During the site plan review . process. the Applicant be re aired to prove that the'hi hest ecologically valued land is being retained first. If the preservation of the highest ecological valued land produces undue burden on the development . of the site, it shall be the applicant's responsibility to prove such hardship :and provide an acceotable alternative for approval. Rigbts-of-way and areas determined to be future rig in the Comprehensive Plan and utilit or ' drainage casements ' shall not be allowed as dcs4,rnated set -aside areas. B. Preservation Efforts. 1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape, and tree development shall be altered, removed, or changed except in accordance with federal, state, county, and local regulations. 2. Mangrove Areas. Well- documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish that are important for sport and commercial fishing. 22 Mangrove trees, which are of considerable aesthetic value, also serve as protection against storm surge as well as provide a habitat / shelter for birds and other wildlife. For these reasons, land development and construction thereon, shall be conserved to the maximum extent possible and only altered in accordance with federal, state, county, and local regulations. 3. Specimen Tree Designation. The Director of Development may, by written request to the City Manager recommend from time to time the official designation of certain trees located within the City as specimen trees. If the City Manager approves such recommendation, the matter shall be presented to the City Commission for final determination. The City shall notify by certified mail the affected property owner of the proposed hearing. The City Commission shall accept, modify or deny the staff recommendation. Any proposal to remove a specimen tree shall be mitigated in accordance with Section 2.0 below. 4. Environmentally Sensitive Lands. a. General. The purpose and. intent of this section is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values and functions. b. Applicability. This subsection applies to all properties that contain environmentally sensitive lands with an "A" "B" or "C" rating as pursuant to Table 2 of the Conservation Element of the Comprehensive Plan. C. Standards. The following standards shall promote the preservation of natural resource sites: (1) If the property proposed for development is greater than 10 acres, or is a portion of a larger tract containing 10 or more acres of environmentally sensitive lands designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty -five 25% of all native plant communities on the site in one (1) unified preserve. Habitat shall be preserved with intact canopy, under story and ground cover. 23 (2) If the property proposed for development is greater than 10 acres and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of 25% of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, under story and ground cover. (3) Natural resource sites identified in Table 2 of the Conservation Element of the Comprehensive Plan and that exceeds 10 acres shall be subject to the 25% preserve area set aside notwithstanding subdivision into smaller parts. (4) The specific location of the preservation area shall be determined during the review of a master plan or site plan. If no master plan or site plan is required, then such determination shall occur during the review of the proposed plat. The ultimate area to be preserved shall be indicated on the approved plan and any corresponding plat. In determining the most appropriate location for the preserve area within the site, the City shall consider factors, which include, but are not limited to the following: 1) proximity of the preserve area to developed and undeveloped property; 2) potential for immediate or future consolidation with environmentally sensitive lands on abutting properties; 3) ability to maintain the preserve area based upon surrounding development and land uses; and 4) the recommendations of staff or any consultants retained by the City. The Preserve Area shall be maintained in accordance with a City approved Preserve Area Management Plan, C. Mitigation of Existing Trees. All existing trees that are not preserved in place, or relocated on -site (as requested by the developer) shall be mitigated in connection with a land development permit, by installing replacement trees in accordance with the following: I. Total Number of ".frees. The total number of existing trees shall be replaced on -site with an equal or greater number of replacement trees; 24 2. Caliper Inches. The cumulative caliper inches of existing trees (to be removed) shall be replaced on -site with an equal or greater number of caliper inches of replacement trees. 3. Species. All replacement trees must be Florida - Friendly and drought tolerant species and comply with Chapter 4, Article II, Section 4.A.1. 4. Size. The minimum size of all replacement trees, including their height and caliper inches shall comply with the standards of Chapter 4, Article 11, Section 4.A.3, regardless of whether the existing tree with which it is replacing meets. the ininimum standards thereto. 5. Prohibited Trees, Invasive, and Exotic Species. See Section 5 below for the mitigation requirements and removal provisions of prohibited, exotic, and invasive species. 6. Miscellaneous. ®n -site tree replacement requirements may be changed or reduced by the Director of Planning and Zoning or designee if determined that on -site conditions make conformance impractical. The type and size of all replacement trees shall comply with Florida Power & Light Company's "Plant the Right Tree in the Right Place" publication, where applicable, and with city regulations where located within utility easements. D. Forestry Practices and Procedures. L General.. The Director of Planning and Zoning or designee shall use "The Urban Forestry Manual (L) -Trees and Construction ", United States Department of Agriculture Forest Service, 2005 edition or latest supplement thereof as the arboricultural standard when determining which forestry practice or procedure to apply when reviewing the following types of activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards and permitting processes of this article; 2) any proposal where the grade of the site is to be raised or lowered around an existing plant; 3) where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems; 4) where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub; 5) or where a change in the grade or drainage of development will seriously harm natural areas to be retained. 2. hand Clearing and Construction. 25 a. Vegetation that is set aside for reservation shall be protected from all on -site construction. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to City requirements consistent with best management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. Removal or r rqJ n of soils within rese.rvaiion areas is proh ibited_ An <dama ed v.- etation located within the set- aside areas shall be Egplaced with vegetation equivalent to the vegetation destroyed, . During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any protected tree or groups of trees. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees. C. No attachments or wires other than those of a protective nature shall be attached to any tree. d. If more than - one - 11 native terrestrial Iant coxnnriun:i.t is resent on- site; areas re resenting all existin lant communities shall be preserved on -site unless reservin more :of one particular community is 'more ecolo ically beneficial, E. Seeding and Mulching. Properties shall be seeded with drought tolerant grass or other Florida - Friendly landscape material, and mulched within 30 days after any clearing, grabbing, excavating, or filling activity, or prior to request for inspection to close out the land development permit, whichever occurs first, or subsequent to other major building demolition or site work. In the case where other site work is to occur and seeding and mulching will not be performed, the other site precautions, such as silt or erosion control fencing as deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff shall inspect the seeded and mulched areas to ensure that adequate ground coverage has been obtained. Repeated seeding and mulching may be required until the satisfactory coverage is accomplished. Section 5. Hazardous or Diseased Trees. 26 Any dying or dead tree the City determines poses a threat, hazard, or danger to the public shall be removed without delay by the property owner, without the need for obtaining a permit, provided the subject tree is removed under the supervision of a Certified AArborist in accordance with the standards of the International Society Arboriculture (ISA). This provision shall include diseased trees or those in a condition that could potentially contaminate other trees, such as the lethal yellowing of coconut palm. trees. Section 6, - . Prohibited Trees, Exotic, and Invasive Species. A. General. Plants classified as a Category I species on the current prohibited list published by the Florida Exotic Pest Plant Council (FLEPPC) is not allowed within the City. D. "Tree Removal and Mitigation. Any tree classified as a prohibited species under this subsection shall be removed at the expense of the property owner prior to :commencement of construction in accordance with the following: 1. Vacant and Undeveloped Property. a. Less than Two (2) Acres. If the parcel of property is less than two (2) acres, no permit or review by the City is required to remove the exotic tree species listed above. A courtesy inspection and identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner. b. Two (2) Acres or Greater. If the parcel of property is equal to or greater than two (2) acres, a land . development permit shall be required in accordance with the procedures set forth. in Chapter 2, Article III, Section 3 to remove exotic and invasive species, except where exempt under the provisions of Section LE above. 2. Developed Property. On properties that have valid site plan (landscape plan) approval, no land development permit shall be required to remove exotic or invasive trees unless the subject trees were previously approved as part of, or contribute to landscape buffering, or to otherwise comply with the standards of Chapter 2, Article 11 Landscape Design and Buffering Standards. In these instances, the removal of all such trees shall be subject to the mitigation requirements of Section 3.0 above at the expense of the property owner. For the purpose of this section, the term "site plan" is construed to include master site plan and technical site 27 plan applications, and to ultimately mean the process by which a landscape plan is approved. ra . Section 1. General A. Short 'Title. This article shall be known and may be cited as the "City Landscape Code." B. Purpose and Intent. it is the purpose of this article to protect and improve the appearance and character of the community by increasing the quality of landscaping visible from public or private streets and adjacent properties; to increase the durability of landscape material in order to withstand environmental hazards such as hurricanes; to conserve valuable energy and water; and to ensure the quality installation and maintenance of landscaping. The specific objectives of this article are as follows: 1. Appearance. To improve the aesthetic appearance of development through creative landscaping that helps to enhance the natural and built environment; 2. Environment. To improve the environment by maintaining permeable land area essential to surface water management and aquifer recharge; reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation; promoting energy conservation through the creation of shade; and reducing heat gain in or on buildings or paved surfaces; 3. Water Conservation. To promote water conservation by requiring the use of native and drought tolerant landscape material; promoting the use of water conserving irrigation practices; and requiring adherence to landscape installation standards and maintenance procedures that promote water conservation; 4. Preservation. To encourage the preservation and planting of native trees and vegetation as part of landscape design; 5. Compatibility. To improve compatibility of land uses through the strategic placement and quantity of landscape material; 28 6. Land Value. To maintain and increase the value of land by requiring landscaping that where installed and maintained properly, becomes a capital asset. 7. Hunan Value. To provide physical and psychological benefits to persons and to reduce noise and glare by softening the harsher visual aspect of development. C. Administration. The Director of Planning and Zoning or designee shall have the authority to interpret and administer this article. D. Applicability. The provisions of this article shall be considered the minimum standards and shall apply to new construction, major modifications to existing sites, and newly created landscaped areas where compliance with regulations does not decrease conformance with off - street parking regulations. E. Exemptions. The following are exempt from the permitting processes and standards of this article: 1. Single- Family and Duplex Dwelling Units. Single - family and duplex dwelling units located on individually platted lots within single - family or two - family residential zoning districts, notwithstanding the cross - visibility and safe -sight regulations of Chapter 3, Article I1, Section 6. For clarification, if a property was rezoned to a planned residential zoning district and developed with platted lots for single - family or duplex homes, all plant material installed or relocated within each lot shall be exempt from the standards and permitting processes of this article, unless such plant material was installed or relocated in connection with an approved landscape plan. 2. Off- Street Parking in Garages. Off - street parking and circulation areas located within enclosed parking structures; and 3. Miscellaneous. Public improvements, such as schools, parks, streets, and medians, having separate design requirements regulated by other agencies. The improvements should be designed to meet the intent of these standards without strict adherence thereto. F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein including Florida - friendly landscaping ring...._ cpies. 29 G. Conflict. Whenever the regulations and requirements of this code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. H. Relief from Standards. Unless described otherwise, any deviation from the standards contained herein shall require approval of a variance application, which is subject to review and approval by the City Commission. A request for a variance shall be reviewed in accordance with Chapter 2, Article II, Section 4.D. Section 2. City Approval Required. No landscape material or vegetation shall be installed, relocated, or removed without first securing the necessary City approvals and permits as provided hereunder, except in instances when exempt from these regulations in accordance with Section I.E above. The following processes and permits are intended to ensure compliance with the standards of this article: A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned installation and relocation activities: 1. Site Plan Review. The site plan review process shall be required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 2.17 prior to the issuance of any land development permit. For the purpose of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications, and to ultimately mean the process by which a landscape plan is approved. The City Forester may require the submittal of a tree survey, tree management plan, irrigation plan, Native Florida Ecosystem Survey or Inventory, or combination thereof, as part of the site plan application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Chapter 4, Article 1, Section 3.8. 2. Land Development Permit. The land development permit process shall be required, and initiated only subsequent to the approval of a site plan (landscape plan) application, except in those instances when site plan review is not required. The land development permit shall be processed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. The City Forester may require the submittal of a tree survey, tree management plan, irrigation plan, Native Florida Ecosystem Survey or Inventory, ,or combination thereof, as part of the land 30 development permit application when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Chapter 4, Article 1, Section 3.13. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. B. City Rights -of -Way. A right- of-way permit application shall be required for any proposal to install or relocate plant material within a city right-of-way in accordance with the procedures set forth in Chapter 2, Article 111, Section 4. Section 3. Landscape Design Principles. The following; design principles shall be applied in conjunction with the design and buffering standards of this article: A. Natural Landscapes. Landscape designs should preserve and enhance existing natural landscapes, specimen trees, and native vegetation. Where previous landscaping has dramatically altered natural landscapes, new designs should re- establish original landscape patterns and plantings. B. Composition, The quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arranged. Landscape materials should be arranged in a manner as to provide textured appearance and contrasting color through the use of a variety of plant materials. The three - dimensional form of the landscaping should be considered, so that the final design presents a coherent whole. C. Buffering and Screening. The use of natural landscape materials (trees, shrubs, hedges) is preferred over the sole use of human- made materials, such as buffer walls and fences, for buffering differing land uses, for providing a transition between abutting properties, and for screening the view of any parking, storage, or service areas visible from a public street or pedestrian area. D. Responsive to Local Character. Landscape designs should. build on the unique physical characteristics of the site and general area, conserving and complementing existing natural features. Naturalistic design elements such as staggered plant spacing, undulating berm contours, and mixed proportions of plant species should be used to ensure that new landscaping blends in and contributes to the quality of the surrounding area. 31 E. Use of Drought Resistant and Dative Plants. Landscape designs should utilize drought tolerant plant materials to the maximum extent feasible. The use of drought- tolerant plants should enrich the existing landscape character, conserve water and energy, and provide as colorful and varied a visual appearance as plants that require more water. Landscape designs should feature native and/or related plant species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character and diversity of the region and the adaptability of native plants to local environmental conditions. Where feasible, the re- establishment of native habitats should be incorporated into the landscape design. Plant selection should be based on the pl ane's ada tabilit to site conditions and — existing native lant c;omniunities. Sarticula conside n : appropriate hardiness:zone. soil tvpe and moisture conditions. light. mature plant size desired effect ,'..colm :and. textur s Plant ecies 'that. are drought - tolerant. and freeze-tolerant .are referred. F. Continuity and Connection.. Landscaping should be designed within the context of the surrounding area, provided that the landscaping is also consistent with these design principles. Whether the design intent and surrounding landscape is naturalistic or formal, plant materials and design should blend well with adjacent properties, particularly where property edges meet, to create a seamless and natural landscape. G. Enhancing Architecture. Landscape designs should be compatible with and enhance the architectural character, features, and scale of the buildings on site, and help relate the building to the surrounding landscape. Major landscape elements should be designed to complement architectural elevations and rooflines, through color, texture, density, and form on both vertical and horizontal planes. H. Energy Conservation and Sustainable Design. Attention should be given to locating landscape elements in a manner that supports energy conservation. Large tree canopies should be utilized to provide daytime shading for buildings, reducing energy consumed for interior air conditioning. Landscape designs should also consider natural drainage features and the use of pen ious surfaces and areas to minimize stormwater runoff. The use of Pervious surfaces is prgferred, therefore impervious surfaces and ' a .. erials within '`landsca ped areas should ''be limited to borders. sidewalks, ste p stories. and other similar mate=rials. Gravel, river rock, ck, shell and similar materials should be used mj mall. bec ause they increase the need for 'herbicide use 'have no habitat value, reflect rather than. absor heat and do no produg e ox ygen like plants. Finally, the solar orientation of the project and its relationship to other p roperties should be considered as this m a roduce microclimatc 32 ex osures e. r., sun vs. shade. southern ex osure surrounded' l beat reflective surfac etc. vs. norther exposure. 1. Quality- Pedestrian Environment. Landscape designs should give special attention to ensure a safe and attractive pedestrian environment_ In high activity areas, such as commercial and workplace settings, benches, kiosks, artwork., and other streetscape elements should be incorporated into landscape designs. Pedestrian access to sidewalks or buildings should be considered in all landscape designs, with special consideration of pedestrian sightlines, especially at crosswalks. J . pesticide it Management. 1, nerally. ill a lications of` esticide includin Weed and Feed products. for hire should be made in accordance with federal and. state 'law and with the Florida - Friendly Best Manag ement Practices for 'Protection of eater Resources by the Green 'Indu.stnes or latest supplement thereof: Z. Inte rated Strate . Property owners and mane ers are enccura ed t use` a.n Inte }rated l?cst '1�lana err�ent Strate as currently re commended 'b the nivcrsit of Florida Coo erativc Extension Senjce Publications, K. Site Prep aration. Maintenance and Cuttin 1. enczaily. Z,and.sca e main.ter�ance far hire. should be erlorrrzed in accordance with recoan endations in the Floridu- Friendly Best Mana rement Practices lbr Proteetion cl Wuter Resources & the Green Industries. In no case should crass clippings, vegetative material. and or vegetative debris either in:tentionall or accident] be waslped. sw t, or'hls>wn off` into stormwater drains ditches convevances, water bodies. wetlands, or sid ewalks or roadways, When mowing near a shoreline, direct the chute awe from flee water body. IZi arian. or littoral zone ]ants that do not re u.ire mowin p or Fertilization should be in these areas 2. S6reline Considerations. a. Gradina and Design.Grading and desi m of ro crt ad'acent to bodies of water shall conform to federal.. state, and City regul including but not limited to the use of berms an / or swales to intercept surface runoff of water and debr that in c ontain Fertilizers o esticides. 33 b. Low Ma:iantena ce Zo ne. A, voluntary six 6 foot low nnainten.ance zone is recoxramended from an andtr atcr eourse,'lale:retland, or from the top of a seawall A s ale / berm system is recommended for installation' at the landward 'edge of this low maintenance zone to ea ire and filter runoff. If rnaore strip ent City re latio-ns a this pnnciple domes not relieve the r uirement to adhere to the more stringent reg plations. No `mowed or cat ve eta.tive material should . be cI osted 'or Left rernainri } in this zcine or water. Care should be talez to reventlne `overws ra of a uatic weed - products in t zone. c. Miscellaneous. Also refer to the Florida D artmernt of Environmental Protection's FrDEP "Florida Waterfront Proyerty Owners Guide" or the Florida Fish and Wildlife Conservation Commission's "Invasive Plant Management Section." Where water levels v considerably. care must be taken in the selection of these plants. M.aw4rove trimming shall be erforrned in accordance with Florida Statutes. The 'Florida Waterfront Pro ert' Owners Guide should be referred to for additional information about Florida - Friendly shoreline pr Section 4. Standards. It is the objective of this section to provide landscaping standards tailored to distinct geographic areas of the City to ensure that the type, quantity, and size of required material is commensurate with the type, intensity, scale, and location of new development and particularly consistent with vehicular movement, streetscape design, pedestrian habits and routes, and design relationship between projects. The intent of these standards is to promote a landscape design pattern that is functional, practical, equitable, and creative. A. City -Wide Standards. The following standards shall apply to all properties in the City, except for those exempted in Section LE of this article: 1. Native and Drought Tolerant Species. Plant materials to be used are limited to those classified as "low" and "medium" in the publication "Waterwise South Florida Landscapes," published by the South Florida Water Management District (SFWMD). The maximum extent possible, plant selection should emphasize Waterwise or Florida - Friendly plants. 34 2. Prohibited Specifies. Plants classified as a Category I species on the current prohibited list published by the Florida Exotic Pest Plant Council (FLEPPC) is not allowed within the City. The initial eradication and ongoing removal of prohibited plant species that have become nuisances because of their tendency to disrupt or destroy native ecosystems is promoted herein. 3. Plant Material. All plant XafA materials used in conformance with provisions of this article shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants ", State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Sod shall be clean and reasonably free of weeds and noxious pests or diseases. a. Trees. The caliper of all trees, except for palms and those trees classified as a development's "signature tree" (see subparagraph "(1)" below) shall be a minimum, of four (4) inches at the time of installation. The caliper shall be measured no higher than six (6) inches above the ground. No minimum caliper size is required for palm. trees. However, palm trees shall have a minimum of six (6) feet of clear wood at the time of planting. a,,. �,T min. 4" rOI„d (1) Signature Tree. A signature tree shall be installed at both sides of a development's entrance (ingress). The caliper of a development's signature tree shall be a minimum of one (1) inch at the tune of installation. Signature trees, if sized with a caliper of less than four (4) inches at the time 35 of installation, cannot count toward meeting the minimum number of trees required on -site. Signature trees include the following species: (ii) Fellow Elder (Tecoma stans); ii (ii4 Bougainvillea (Bougainvillea); iii' 4 Glaucous Cassia; (Cassia surattensis); and iv (} Orange or White Geiger (Cordia sebestena or boissieri). (2). Species. The minimum number of different species of trees provided shall be as follows: Sec next page. (i) Table 4 -1 Tree Species. €�f Tr€�es F �t ided _ i�iaember of Re uired � Tree's eeies 1 -5 1 6 -10 2 11 -30 3 31 -60 4 61 -100 5 101 and over 6 (ii) Signature trees, if sized with a caliper of four (4) inches or greater at the time of installation., may count towards meeting the minimum number of required species of trees. The caliper shall be 36 measured no higher than six (G) inches above the ground; and (iii) Palm species, in a cluster of three (3) trees with varying heights, shall represent the equivalent of one (1) canopy tree. b. Shrubs and Hedges. Shrubs and hedges shall be planted a minimum of 24 inches in height, 24 inches in spread with tip -to -tip spacing measured immediately after planting to form a continuous opaque landscape barrier within one (1) year. The minimum hedge height may be reduced to 18 inches if planted in conjunction with a berm where the minimum combined height is 36 inches. C. Vines. Vines shall be a minimum of two (2) feet in height, spaced five (5) feet apart immediately after planting. Vines may be used in conjunction with fences, screens and / or walls to contribute towards meeting physical screening requirements as specified. d. Lawn, While sod / turf areas have practical benefits in a Iandsca e the rna �nitude and location of tl€; sod in a project represents the majority of a site's irrigation needs. lrri Tat , d sod. / turf areas, as o osed to non- irrigated / turf areas are considered to be a. high water use h droK ne 7 herefore_ in all devclo Brats, includin ublic and private parks. the use of sod / turf shall be restricted to park and o ens . acc areas intended for assive or active recreation u ores or when re aired for drama e and storm water management (e.g., swalcs, retention, detention areas ) vhers the use of other drou rht tolerant surface material is not feasible. Sod /turf shall be installed such that it can be i.rri at.cd using se crate zones. The intent is to p romote sustainable landsca in deli n b r reducin water :consum tion and unnecessar r irri anon of small stri or remnant surfaces of a site. The use of drou ht tolerant lant material is referred over the use of sod for those areas of a site. 37 4. Existing Plant Material. Existing healthy plant material, in part or in whole, may count toward required plant material if such use furthers the objectives of this article regarding preservation, water conservation, and beautification. 5. Water Source. To conserve water, potable water is not to be used for irrigation purposes. Instead, alternative sources of water shall be used for irrigating landscaping materials such as well water, lakes, and /or reclaimed water where available and to be used in compliance with City and County regulations. Where ground water is not available of the quality necessary for irrigation purposes, and other preferable sources are not available, potable maybe used in accordance with the following requirements: a. Approval is obtained from the Department of Utilities; b. The site irrigation system must be designed to only use a restricted number of gallons per month {water bill); C. The site irrigation system must be designed to automatically remove all established trees off watering at the end of year one; d. The site irrigation system must be designed for simple removal of all established trees on separate zones from watering at the end of the first year; e. All trees, shrubs, and plants (no sod) used in the site landscape design must be identified as having low watering needs in the South Florida Water Management District's "Waterwise" publication.; and f. Landscape and irrigation improvements must be inspected annually for compliance with these requirements, b. Irrigation. All landscaped areas shall be provided with an automatic water supply system as approved througb a land development permit (see Chapter 2, Article 111, Section 3). Irrigation systems shall be designed as follows: 38 a. To pMvi the minimal water volume based on the art�icdlar waterin = needs of individual lant s ecies; Pfeffielle S sh.a4l be desig-aed en b. To consider sa il, slo . e, and other rite characteristics in order to iniminize water waste i.ncludin overs ra the �vaterir� of im pious surfaces and. other nos- vc,etative areas. and off-site runoff-, Reased watef may be requi Gede of Ofdfnaftees "IF 9 C. (y Tc.� 9� minimize f ailure; fl o c in case of c ama. �e o 'other meCbanical ail re; i h Vii ;{�' ERA -� ' d. To use the lowest guglity water feasible. Reused water may be req uired in accordance with Chap 26 Article VIII of Part II City Code of Ordinances if a main su lv is wi.tl.in .50 fe et of tl:e site and ertzxitted b the Palm :Bea.ch. County Health Ike a.rtment_ b 5 e. To include rain switches and other a rav devices, sucb as soil moisture sensor controllers to prevent unnecessary irrigation, ndsca area . that L A recess mended. season operating sche and averse precipitation rates for each ini - ation zone for both establishment and maiwenance conditions shall be rovided h the s stc;rn controller; Provide the fol.lorvingmininu ca abilities: Progamrnable in minutes, by dam wec . season. and time of dav: 39 Ability to accommodate inulti - Ple start times and progams. C3) Automatic shutoff after adequate rainfall; Ability to maintain bane during power outages for a minimum of three (3) days_ and } erational flexibility to meet a licable car- rouiad grater conservation re iiirera�icrits and tem.powy water shortage restri . Pre6pitation crates for sprinklers amod all other emitters in the':same zone shall be matched, except that micoirrivation emitters a 'be specified to meet the requirements of th individual 1p ants. i. To consider factors that maximizes unifoni it such as: Emitter tom: Head s acing; 3 Sprinkler pattern: and Water pressure at the emitter. j To correlate to the organization of each h drozone. All Wants re uirin. Y waterin g during establishment. Tern orar facilities - m ry be installed to facilitate establishment. Irrigation must be conducted in accordance Frith restrictions imposed by.._jhe South Florida Water Management District NSF 11rlD9_ . To avoid irri Yation durim4 periods of sufficient soil moisture, automatic >abut-o e ui rnent Avith sensin q devices shall be required and used: 1. If - the water suppjjj for the irrigation system is from a well. a constant ressure flog control device car .ressure tank. with adeq uate cap acity shall be re aired to minimize Uixi "c clin. " if there is a ressur:e sty °itch ir1 the cicsi �u: m. Check valves must be installed at irri ration heads as needed to prevent low head drainage and puddling 40 . Nozzle mecipitation rates for all leads within each valve circuit must be matched to within 20 ° its o one another; 0. No water s rav from. irri }atioll systetns shall: be aptslied under roofc�vefangs and �. lrri atcd areas sha1.1 note less than four feet wide_ exc t txhen nest t Conti ous rc ert or usin micro, drip, grray irrigticn. �. A regular irrigation _ mainte n ance schedul shall include but not be lirrlited to checkin ad ustin r and r airin r irri -gation e ui anent: and resetting the automatic controller according to the scason an inspected by the Citv. r. To maintain the original erforarlance and desi r) integ rity of the lrr.1 atlon S stl 171, re alr o the e 111 leant shall be done with the originally specified materials or their equivalents. 7. Installation. All landscaping shall be installed in accordance with a land development permit and in a competent manner according to certified planting procedures with the quality of plant materials as hereinafter described. (All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements). a. Vehicular Encroachment. Landscaped areas shall require protection from vehicular encroachment by wheel stops, curbs, and / or decorative bollards. All landscaped areas with trees adjacent to sidewalks or vehicular use areas may require the use of root deflector products to prevent damage from root growth. All landscape areas containing trees and vegetation shall be first filled with City inspected clean fill (soil). b. Clean Fill. All planted areas on the site shall first be filled with clean fill to a depth of one (1) foot from the surface along the entire length of the green space, island, or landscape buffer. C. Inspection. The City shall inspect all clean fill, irrigation systems, and landscape improvements prior to 41 installation. No temporary certificate of occupancy will be issued until the clean fill, irrigation, and landscaping improvements rn.eet the requirements provided herein or the applicant submits surety for 110% of the value of the incomplete clean fill / landscape / irrigation improvements. Surety will be released upon completion and inspection of incomplete improvements. 8. Mulch (Non- living Plantings). mulch a lied and. rrraintarned at appropriate dw the Promotes rrroisture Tetention, reduces wee.d erowth. and prevents erosion. Mulch can be used in places where conditions ar e inade uate for or not conducivc to Mwing qualit ound covers, Mlulche are typically wood bark chips, woo rs.din s, . ine straws nut shells. small ravel. and shredded landsca e clippings. Planting areas, includin those around individual trees shall be mulched to a minimum depth of three (3) inches at the time of inspection and maintained at this depth thereafter. Use of 'byproduct or recycled mulch is recommended; however. in no instance is cypress mulch. allowed. No Cypress All mulch material shall be free of seeds and weeds to prevent tree sprouting and regrowth. Plastic s and other inn ervion materials shall not be used uzrder mulched areas. Mulches should be ke t at least six 6 inches awa from anv portion of a or structure or the trunks of trees. 9. Upland Buffer 1 Littoral Plantings Lake and retention areas in excess of one -half ( acre shall be planted to create a habitat that provides the optimal environment for upland and / or aquatic species. Lakes, ponds, and rentention areas provided for new construction or major modifications of existing projects shall be planted as follows: a. To occupy a minimum. of 50% of lake perimeter with littoral plantings; b. To occupy a minimum of 50% of lake perimeter with upland plantings contiguous with the littoral plantings; C. To consist of a minimum of 10 square feet of littoral shelf per one (1) linear foot of shoreline, using five (5) different native.plant species (littoral plantings); d. To consist of a minimum of one (1) native tree, 25 native shrubs using two (2) species, and 10 native ferns and groundcover plant species (upland plantings); and 42 e. All vegetation installed contiguous, at a minimum of three to one (3:1) slope, 100% appropriate native vegetation, installed with proper spacing for full coverage of littoral shelf areas within one (1) year. All littoral and upland plantings established consistent with these standards shall be installed, maintained, and reported quarterly to the Director of Planning and Zoning or designee for a period of two (2) years by a natural areas certified contractor in accordance with a management plan approved by the City at the time of site plan approval or permitting. 10. Landscaping within Easements. All easement locations and specific types of easement shall be identified on the landscape plan. Easements may overlap a required landscape strip or perimeter buffer by a maximum of five (5) feet. However, detention / retention areas, drainage easements, and sloped directional swales greater than one (1) foot below finished grade, shall not be located in or overlap required landscaped areas, unless otherwise approved in writing by the City Engineer and the Director of Development, or their designee. Where the conflict between easements and landscape strips or perimeter buffers is unavoidable, the strips and buffers may be separated from the property boundary by the easement, if all requirements and objectives for screening / buffering are met. Shrub and tree selections shall be based on root characteristics and size restrictions as described in "Waterwise ", a publication of the South Florida Water Management District, and in "Plant the Right Tree in the Right Place," as published by the Florida Power & Light Company. a. All trees planted in or in close proximity to an easement shall be installed consistent with the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation, and Lighting, b. Landscape strips and buffers shall be required to extend a minimum of five (5) feet beyond the easement for planting the largest canopy tree possible as allowed by FPL and City standards. If a buffer wall with a continuous footer is used, a minimum of ten (10) feet outside of the easement for planting is required. C. The abutting easement shall be entirely planted with shrubs and trees according to a design similar to the adjoining or overlapping landscape strip or buffer. 43 d. Roots and branches of trees shall not impact existing underground or overhead utilities and infrastructure. Trees planted in close proximity to easements shall be the largest possible and selected to avoid aggressive root systems. Root barriers shall be required to protect nearby underground infrastructure and parking lots and curbing. e. Trees shall be maintained so that the mature tree canopy is a minimum of ten (10) feet from overhead lines. 11. Landscaping within Rights-of-Way. a. General. Landscaping may be planted within public rights-of-way, subject to review and approval of the Forestry and Grounds Manager. No person may plant, remove, destroy, prune, set out, break, cut, deface or in any way injure or interfere with' any tree, shrub, or similar plant on any street or alley, or upon property owned or maintained by the city, without first obtaining a public right -of -way permit pursuant to Chapter 2, Article 111, Section 4. b. belief from Standards. Any deviation from the standards of this subparagraph would require a waiver, which is subject to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article 11I, Section 5. C. Standards. Limited non- invasive planting may be allowed in swales and / or rights -of -way subject to the following conditions: (1) Sod may be placed in public Swale areas provided that such sod or grass is not pen - pitted to grow to a height in excess of six (G) inches; (2) Trees may be permitted within Swale areas and medians but must be high enough so as to provide an eight (8) -foot clearance between the lowest hanging branch or leaf and the existing grade; (3) All landscape work within the public right - of -way shall be consistent with Florida Department 44 of Transportation and Palm Beach County regulations, where applicable, and must conform to the latest edition of the Public Works Department Forestry and Grounds Manual and the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation & Lighting (Volume II) or latest supplement thereof. (4) Planting cannot significantly interfere with maintenance of existing utilities; (5) If planting is allowed and installed within swales and / or n the adjacent property owner assumes total responsibility for repairing / restoring the Swale / right -of -way to its original condition if the swale / right- of-way is disturbed for installation and / or repair of utilities either already in place or constructed in the future. The property owner also assumes the maintenance responsibility for the swale / right -of-way. (6) Also see Section 4.13.5 below for additional 4, streetscape design" requirements. 12. Landscaping within Off-Street Parking Lots. The intent of this subsection is to encourage landscape design that will facilitate the optimal growth of hardy trees, prevent future damage to off-street parking areas from tree root systems, and to enhance and screen off- street parking areas. Off - street parking and vehicular use areas shall include landscape islands designed as follows: a. Required Landscaping. Off - street parking areas, excluding those spaces located within parking garages, shall have at least 25 square feet of parking lot landscape islands (e.g., green space) per parking space, including those on- street parking spaces allowed in accordance with Chapter 4, Article V, Section 4.C; b. Tree Size and Type. Parking lot landscape islands shall be designed to correspond with the size and growing characteristics of the intended tree species. Types of required trees exclude palm species, and tree sizes proposed within each island shall directly correspond with the size descriptions included in the South Florida Water Management District publication, "Waterwise "; 45 C. Large Islands. Landscape islands sized greater than 224 square feet in area are defined as "large islands" and shall not be less than 15 feet in width in any dimension. Each large island shall contain a minimum of one (1) tree, classified as a large tree (see paragraph "b" above for description of a large tree). A minimum of 75% of the landscape islands shall be large islands within developments that are required to have up to 249 parking spaces. A minimum of 85% of the landscape islands shall be large islands within developments that are required to provide 250 or more parking spaces; d. Small Islands. The remaining required green space within off-street parking areas shall be allocated to "small islands ", which are defined as landscape islands sized at least 150 square feet in area and no less than 10 feet in width in any dimension. Each small island shall contain one (1) tree classified as a "small" tree; e. Plantings. All landscape islands shall be entirely planted with shrub species; f. Cross Visibility. All plant material proposed within each landscape island shall maintain unobstructed cross - visibility at a level between 30 inches and eight (S) feet above pavement to avoid traffic hazards. Canopy or palm trees shall not have limbs and / or foliage that extend into this cross - visibility area. Plant selection should be based on the growing characteristics as described in the publication "Waterwise" to best conform to the visibility requirements stated above and to allow for proper maintenance without degrading the quality and appearance of established plant species; and g. Lighting. Lighting fixtures within off - street parking areas shall be strategically located to avoid future conflicts with mature tree canopies. 1.3. Maintenance. a. General. The property owner shall be responsible for the maintenance of all irrigation and landscaping which shall be maintained in a certified. condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. All newly 46 landscaped properties shall receive an initial clean fill / landscape / irrigation inspection and thereafter a semi- annual inspection for compliance with these regulations. All conflicts between landscape improvements and site signage, parking lot light fixtures, or vehicular safety movements will be corrected as part of the semi - annual inspection process. b. International Arborist ,Association (IAA) Standards. All plantings, including trees, must not be trimmed or sheared of foliage during the first growing year and must be maintained to continue the buffering /screening objective of these regulations. All existing and newly installed trees must be trimmed under the supervision of a Certified Arborist in accordance with the standards of the International Arborist Association (1AA). All existing and newly installed materials not pruned in accordance with the IAA standards must be removed and replaced on the site. The total diameter inches of the'new trees must equal the total number of diameter inches of the improperly pruned tree(s). Any trees removed in violation with these regulations will be replaced in compliance with this section. Site maintenance shall not alter screening or barrier below the intended requirements of these regulations. C. Appearance and Maintenance. Also see Part 11 (Code of Ordinances), Chapter 15, Article IX, Section 15 -120 for minimum standards regarding general appearance and maintenance of landscaping on public and private property. 14. Cross - Visibility and Safe - Sight. The purpose of this subparagraph is to promote the creative and efficient design of landscaped areas within off- street parking areas and other vehicular use areas, or near rights -of -way. The intent is to create functional and quality pervious surfaces for drainage / storm water management, in conjunction with increasing the visual enhancement of off - street parking areas. Landscape design shall provide safe and unobstructed views for pedestrians and motorists moving throughout the project: a. Visibility at Corners of Rights-of-Way. Landscape material, within a triangular- shaped area of property formed by the intersection of two (2) rights -of- way, shall maintain unobstructed cross- visibility at a level. 47 between 30 inches and eight (8) feet above the pavement to avoid traffic hazards pursuant to Chapter 4, Article VIII, Section 3.C.4.u. Canopy or palm trees shall not have limbs and I or foliage that extend into this cross - visibility area. Landscape material, except low growing shrubs, shall be located at least three (3) feet from the edge of a sidewalk. The size of this triangular - shaped area shall be designed in accordance with the Engineering Design Handbook and Construction Standards. h. Driveway Openings along Rights -of -'may. Landscaping on both sides of each project entrance along rights-of-way shall contain a signature tree in accordance with Section 4.A.3.a.(I) above and a minimum of two (2) colorful and I or flowering shrub species (3 different species if sufficient space is available). Design emphasis shall be placed on. clear understory and low - growing or dwarf varieties of landscape material with a maximum height of 30 inches, in order to comply with visual obstruction regulations (see Engineering Design Handbook and Construction Standards and Chapter 4, Article VIII, Section 3.C.4.u.). The plant material required in this subparagraph may also count towards meeting the minimum requirements for landscape strips abutting rights - of -way (see Section 4.13.2 and Section 4.C.2 below). C. Driveway Openings (and Cross- Access) Between Properties. Landscaping on each side of a driveway opening that connects abutting properties shall be designed with an emphasis on clear understory with low - growing or dwarf varieties of plant material. All plant material proposed shall maintain unobstructed cross - visibility at a level between 30 inches and eight (8) feet above pavement. Canopy or palm trees shall be trimmed up eight (8) feet so that limbs and / or foliage does not create a traffic hazard. 15. Raised Planters. Raised planters shall be allowed, contingent upon the following: a. A minimum setback of three (3) feet is required from all property lines; b. No planter shall exceed a maximum height of six (G) feet. C. All planters shall contain clean fill. 48 d. Planters shall be located to comply with Cross - Visibility and Safe Sight regulations of Section 3.A.14 above. 16. Maximum Height of Hedges. The maximum height of hedges shall be eight (8) feet above finished grade, except as described below: a. Multi- Family and Townhouse Developments. Hedges shall be a maximum of six (6) feet in height when located within landscape strips abutting rights -of -way for all developments that have less than 400 feet of frontage on typical City streets. However, the maximum height of hedges (located within the landscape strip abutting rights - of-way) may be increased to eight (8) feet when in compliance with the following: (1) The street frontage of the development is at least 400 feet in length; (2) The development has no more than one (1) parking lot driveway opening or access point along said street frontage; (3) The placement of the hedge shall not cause any traffic line -of -sight obstruction and must comply with the visibility requirements of Chapter 4, Article V1I1, Section 3.C.4.u, "Visual Obstructions of Intersections ". b. ' Miscellaneous. Where adjacent to golf courses, golf driving ranges, Interstate 95, railroad rights - of -way, along property lines where residential abuts commercial or industrial uses, and along property lines where residential abuts parks (public or private): 10 feet, other than within the front yard setback. 17. Soils. Existin a borti.culturally suitable to soil shall be stock fled to be e ual to two tines ?x the amount or to soil needed f��r tha.t articular site. anil. re -s read du.rin x final. site g radin €�. An new soil re aired shall be sirn�ilar to 'the.existin , soil in DH, texture, permeability_ and oth characteristic, unless convincing _evidence is 7rI— __....._.ided that a different t. c of soil amendmen is iustified. 4. The use o f solid waste compost as a s oil amendment is cxzcouragc d where ifs „ropriatc cfiRit 49 WON estici es. When sir1= P evsticides, all la bel instructions of Federal and Stale law must be adhered to 19. Crime Prevention Through Enviroarmental Design �.E 3 See Chapter 4. Article 111,, Section 5.B for additional regulations re gaTding laxadsca ina and CITED Diidelines_ S: 1Planning lSHARED\WP1SPECPROJICODE REVIEWICDRV 11-006 Florida- friendly landscapingll~xbibit B_Proposed Language (post industry comments).doc 50 f. Right Tree / Right Place. Almost any plant will survive in your landscape if you plant it in the right place. You can drastically reduce the need for water, fertilizer, pesticides and pruning if you follow these tips: ® Make a note of the type of soil, sunlight exposure and water conditions of the planting site before you shop. Choose plants that thrive under the conditions you noted. 0 Limit the number of plants that need a lot of water or care. Keep only as much grass as you directly use for recreation and other purposes. Plant beds and mulched areas use less water than grass. ® Remove invasive exotic plants so they don't steal water and nutrition from your desired plants. 2. Water Efficiently. Typically, up to 50% of water used by households is used outdoors. Efficient watering will not only help you save money and conserve water, but can also create a healthier landscape. Follow these tips to save water and money: Grass doesn't need as much water in the cooler months of December, January and February. In fact, 1/2" to 3/4" of water every 10 -14 days is enough. ® During the summer months of July, August and September, yards need only about 3/4" of water every 3 to 5 days. This region will usually get that from rainfall, so you can turn off your irrigation system for extended periods of time. Water your lawn and plants only when you know they need it or show signs of stress. ® Use a rain gauge or moisture sensor so you will know if rainfall has done the job. ® Install a drip or micro -spray system in your plant beds. They use water more efficiently than traditional spray heads. Install an automatic rain shutoff device to stop watering when it's rained enough. Stop overwatering! Overwatered grass has short roots that make it harder to survive pest attacks, disease and drought. 1 i Collect water in a rain barrel to use to water your plants. 3. Fertilize Appropriately. When too much fertilizer is applied to landscapes, it seeps past the root zone of the grass, plants or trees and into the aquifer or runs off into water bodies. plants, animals and people depend on clean water for survival. Follow these tips to help prevent water pollution: ® Fertilize lawns, trees and plants only to maintain health. Don't exceed recommended amounts. Fertilizer will not help poor growth caused by too much shade, disease or pests. ® Use slow - release fertilizers that make nutrients available to plants for a longer time. They are kinder to the environment and are usually more cost - effective. ® Use iron instead of nitrogen if you want to green -up your lawn. ® Hold off on fertilizing if a heavy rain is expected, and don't overirrigate after applying. ® Follow the application directions on the fertilizer package. 0 Avoid weed and feed products. 4. Mulch. Who likes to weed? Keeping mulch on your plant beds helps control weeds, retain soil moisture and reduce erosion and stormwater runoff. Follow these tips when mulching: ® Cut down on mowing by replacing grass with mulch in areas that are shaded or difficult to mow. a Keep the level of mulch up to 2 -3 inches by applying it once or twice a year. ® Keep mulch 2 inches from the base of plants to avoid disease. 0 Let fallen tree leaves stay under a tree to create self- mulching areas. i Look for cypress mulch that is not harvested from Florida's wetlands. ® Choose recycled mulch or alternatives like melaleuca, leaves, pine needles or bark. 5. Attract Wildlife. Friendly visitors, like butterflies and beneficial insects, will enjoy your landscape if you provide food, water and cover. Attract wildlife by following these tips: ® Plant vines, shrubs and trees to create cover, nesting areas and food. 2 ® Provide :a water source such as a birdbath or a small pond. 0 Provide wildlife shelters such as a bat house, birdhouse, or brush pile. ® Protect the health of wildlife visitors. Limit pesticide use by spot - treating only the areas that need attention. ® Consider including native plants in your landscape. They are the natural food, shelter and nesting plants of our local wildlife. 6. Manage Yard Pests Responsibly. When it comes to pest management, nature takes care of itself! Misused pesticides in your yard can run off into waterways and harm beneficial insects. Follow these tips when managing yard pests: ® Learn to identify beneficial insects and let there do the work for you. ® Be tolerant! Low levels of pests will do minimal damage. « Check plants regularly and prune off a plant's infected areas or pick off insects when possible. ® Use pesticides only to spot -treat affected plants and lawn areas. Avoid blanket applications. ® Choose the least -toxic pesticides such as horticultural oils, insecticidal soaps and Bacillus thuringiensis (BT). ® Read and follow pesticide labels carefully for safe use and disposal. 7. Recycle. Recycling your yard waste back onto your lawn and landscape can improve the fertility and water - holding ability of the soil and help aerate soil that has become compacted. ® There's no need to bag or rake lawn clippings. Leave grass clippings on the lawn to recycle nitrogen. ® Use fallen leaves and pine needles as mulch under trees and shrubs. ® Create and maintain a compost pile with yard waste and kitchen scraps (no animal products). Compost is a great natural fertilizer and mulch. 8. Prevent Stor water Runoff. Stonnwater runoff can carry pollutants, pesticides and excess fertilizers into bays, rivers, lakes and groundwater. Remember that what goes in your storm drain can find its way into our water sources. Follow these tips to help reduce stormwater runoff from your yard: 3 Direct downspouts and gutters onto your lawn and plant beds, or into rain barrels, cisterns or containment areas. ® Use mulch, bricks, gravel or other porous surfaces for walkways, patios and driveways. Sweep grass clippings, fertilizer and soil onto the lawn so they don't get washed into storm drains. ® Clean up oil spills and leaks on the driveway. Use cat litter to absorb oil. ® Pick up pet waste to help reduce bacterial and nutrient pollution. ® Remove trash from street gutters before it gets washed into storm drains. ® Use swales (low areas) to hold and filter water. 9. Protect the Waterfront. Bays and waterways contribute to the quality of life in Florida. Waterfront owners can. help protect these fragile natural treasures by following these tips: Never prune mangroves or remove any vegetation without first seeking proper permits and guidelines. Establish a maintenance -free zone of at least 10 feet between your landscape and a water body. r Remove invasive exotic aquatic plants by cutting, pulling or raking. ® Plant a buffer zone of low - maintenance plants between your lawn and shoreline to absorb nutrients and to provide wildlife habitat. 4