HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 04_10/13/2021Agenda Item #4.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) -Oct 13 2021
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
VOT Code Sec. 78-402. — Florida- Friendly Landscaping
SUMMARY: M� Ad
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Memo Does the VOT Require Use of Florida -Friendly Landscaping (FFL) when a Property is
Redeveloped 101321
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Agenda Item #4.
Village of Tequesta
Environmental Advisory
Committee
. V� L
To: Environmental Advisory Committee Members
From: Thomas G. Bradford, Chair, EAC rR
cc: NA
Date: October 6, 2021
Re: Does the VOT Require Use of Florida -Friendly Landscaping (FFL) when a
Property is Redeveloped?
Before you dive into this memo, please scroll down first and read VOT Code Sec. 78-402. -
Landscaping on single-family and duplex lots. It will help you better understand that which I
write about herein.
At the EAC meeting on September 8, you asked me to look into the question above. We were
concerned that the future for Tequesta foretells more demolitions of existing properties with
rebuilding of bigger more modern homes. Below is the text of the VOT Code at Sec. 78-402. The
VOT Code does require the use of FFL when a renovation exceeds 50% of the estimated value of
the existing property for the R-1, R-1 A and R-2 zoning districts. Thus, a demolition, with a rebuild
to follow, in one of the listed zoning districts is going to have to use FFL. If an existing structure
or existing landscaped area wherein the renovation, restoration or construction activity value is
greater than 50 percent of the assessed value of the existing structure, or 50 percent of the
estimated value of the existing landscaped areas determined by the department of community
development 50% FFL is required. See below.
For the short term we don't have too much to be concerned about, but long term, I have the
following issues with the way the Code is currently written in regard to the subject of FFL.
My concerns are:
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Agenda Item #4.
1. In addition to the R-1, RI -A and R-2 zoning districts to which Sec. 78-402 applies, the
VOT also has the zoning districts listed below. FFL landscaping is required in all zoning
districts, but there is no listed minimum required percentage of FFL except in the R-1,
RI -A and R-2 zoning districts. In my opinion this should be changed. In addition, the
VOT Code exempts parks from FFL. That seems very outdated to me and should also
be changed.
oC-1 Commercial District
o C-2 Community Commercial District
o C-3 General Commercial District
o Mixed Use District
o R-3 Multiple Family Dwelling District
o R/OP Recreation and Open Space
2. Chapter 78 of the VOT Code, as highlighted below, is part of the Zoning Code. The
Zoning Code is administered by the VOT Department of Community Development
(DCD). The Florida Building Code is administered by the VOT Building Department.
Most homeowners and their contractor know that they need a building permit to build
and a permit for demolition. The building permit for a tear down, with rebuild, would be
secured from the Building Department. How do we know with any certainty that the
Building Department enforces the existing provisions of Sec. 78-402? It's not their
bailiwick. Sec. 78-402 is the Zoning Code, not the Building Code. Alternatively, how do
we know with any certainty that the VOT Building Department forwards the landscaping
requirements for a demolition and rebuild or reconstruction to the VOT DCD for
compliance review with Sec. 78-402 or other codes sections? I know what I would do;
eliminate ambiguity. Our VOT Code places the responsibility on the property owner or
contractor to know a permit for such and such is required from the Building Department
or the DCD. A DCD is supposed to house under one roof the functions of planning,
building and zoning. This potential problem occurs by not having the building function
under the umbrella of the DCD. If it was, we might have more efficient, citizen and user
friendly "one stop shopping" for all development related permits, all to be received by
the DCD and distributed internally for review according to the request within the permit
application.
Alternatively, VOT has the power to create administrative amendments to the Florida
Building Code. I know this to be true because that's what we did and still do in Palm
Beach. See Sec. 18-234 of the Palm Beach Code wherein you will find this "sec. 18-
234. - Amendments. The Town of Palm Beach Administrative Amendments to the
Florida Building Code are hereby adopted by reference, and are incorporated into the
Town Code as though , fully set. forth herein. " I have provided a link below to the update
I did there in 2015. You need not read the 62-page document, but know this. You can
create administrative procedures pertaining to the Florida Building Code and set forth
how things shall be done in your organization so long as you don't change the Florida
Building Code. So, for example, you could require the Building Official to forward all
RIA
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Agenda Item #4.
demolition permits to the DCD for review for zoning issues etc. if the Village is not
interested in bringing the Building Department under the umbrella of the DCD for one
stop shopping.
3. Our VOT Code, Sec.78-402, makes statements about estimated 50% of the value of
property or landscaping area, but gives no instruction to staff on how to estimate that
value. We need a definition like "Construction value. The value of all construction
including, but not limited to, contractor supplied labor and materials, subcontractor
supplied labor and materials, owner/decorator supplied labor and materials, and all
associated overhead, supervision, and profit. The construction value shall be
representative of the market value of construction as established by
comparable construction in the village. Alternatively, instead of continuing to leave the
question of "value" to be at the discretion of staff, just specify by Code amendment "the
value shall be market value as determined by the Palm Beach County Property Appraiser
fior the current tax year for Improvement Market Value and/or Land Market Value or
Total Market Value, whichever is applicable to the permit application"
"Sec. 78-402. - Landscaping on single-family and duplex lots.
All single-family lots and duplex lots located within R-1, R-1 A or R-2 zoning
districts shall comply with the following landscape requirements:
(1) All single-family and duplex lots proposed for new development, or
redevelopment, renovation or modification in excess of 50 percent of the value of the
existing development prior to the start of construction within the village shall be
required to comply with the Florida friendly landscape concept as set forth in the South
Florida Water Management District Waterwise Guide, as amended, with a minimum
of 50 percent native landscaping required, by submitting landscaping and irrigation
plans to the department of community development for review and consideration for
approval prior to issuance of a certificate of occupancy. This provision shall also apply
to any renovation, restoration or construction activity to an existing structure or
existing landscaped area wherein the renovation, restoration or construction activity
value is greater than 50 percent of the assessed value of the existing structure, or 50
percent of the estimated value of the existing landscaped areas determined by the
department of community development.
(2) All single-family and duplex lots proposed for new development, or
redevelopment, renovation or modification in excess of 50 percent of the value of the
existing development prior to the start of construction within the village shall plant at
least one canopy tree per 2,500 square feet of site area. If palm trees are planted in lieu
of canopy trees, they may be clustered in groups of three which group shall equate to
one canopy tree as required in this section. Palm trees shall be planted with a minimum
12 feet of clear trunk at the time of planting. Only 50 percent of all required trees
provided in the landscaping plan may be palm trees. At least one canopy tree must be
planted in the front yard.
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Agenda Item #4.
(3) All single-family and duplex lots proposed for new development, or
redevelopment, renovation or modification in excess of 50 percent of the value of the
existing development prior to the start of construction within the village shall plant at
least one shrub per 1,000 square feet of site area. Such shrubs shall not be less than 18
inches high with a 14-inch spread at the time of planting.
(4) All landscaped areas on single-family and duplex lots within the village shall be
provided with sufficient automatic irrigation facilities and moisture control devices,
both of which shall be maintained in working order at all times in accordance with this
division. If good cause is shown that there is not a need for automatic irrigation
facilities, this requirement may be waived by action of the village council.
(5) All single-family and duplex lots proposed for new development, or
redevelopment, renovation or modification in excess of 50 percent of the value of the
existing development prior to the start of construction within the village shall be
required to remove any prohibited landscaping from the property as set forth in this
division. This subsection shall be enforced by the village by requiring the removal of
any prohibited landscaping prior to granting any landscaping, irrigation or well
permit."
The link to the above VOT Code section is:
https:Hlibrary.municode.com/fl/tequesta/codes/code_of ordinances?nodeId=PTIICOOR CH78Z
O ARTIXSURE DIV4LA 578-402LASIMIDULO
The link to the Palm Beach Administrative Amendments to the Florida Building Code is below:
https://drive. oo,gle.com/file/d/IlOng3o2cMMSz7Sdm2Y48hO1tkOAXmYOQ/view?usp=sharin
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