HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_3/8/1990 , F.-A
UVILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203 '
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager --7;
DATE: February 28, 1990
SUBJECT: Landscape Ordinance No. 377 - Second Reading;
Agenda Item IV A
Attached is Ordinance No. 377 which is ready for your consideration
of adoption on Second Reading. This final version contains those
amendments that you requested at the First Reading Public Hearing as
follows:
o We have deleted the language that previously required the
provision of a hedge on the outside of a wall or fence whenever
commercial property abutted residential property.
o We have deleted the previous language that allowed for only one
access way for each street frontage.
o The language relative to irrigation requirements has been upgraded
to require sufficient automatic irrigation facilities that takes
into account the different needs of turf and plants and their
various hydro-zones. Irrigation design must avoid placement of
water on sidewalks, buildings, parking lots, etc.
o Wherever the words "South Florida Water Management District
Xeriscape Plant Guide II" appears, we have placed the words "as
amended", thereafter, to allow for automatic incorporation of
future amendments.
o The language relative to required landscaping surrounding
principal structures has been amended to not require provision of
the four foot landscape strip in "designated loading areas" . This
same section has also been amended to require that this landscape
strip include trees and/or hedges.
o That section dealing with compatibility with U.S. Highway One and
Tequesta Drive Streetscapes has. been amended to require proposed
subdivisions to conform to adopted themes.
o The section dealing with prohibited landscaping has been amended
to require that existing prohibited species be removed and
replaced with acceptable living landscaping within five years of
enactment of this ordinance.
o Graphics have been added.
TGB/jmm
RD jL#f
• ORDINANCE NO. 377
•
•
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 355, THE COMPREHENSIVE ZONING'
ORDINANCE OF THE VILLAGE, AT SECTION X,
"SUPPLEMENTAL REGULATIONS, ITEM (H) LANDSCAPING;
GENERAL REQUIREMENTS; " PROVIDING OBJECTIVES,
PROVIDING REGULATIONS FOR LANDSCAPING DURING
RENOVATION OF EXISTING PROPERTIES; PROVIDING FOR
(Q • AMORTIZATION OF NONCONFORMING AREAS; PROVIDING
flP� .DA ADDITIONAL REGULATIONS FOR LANDSCAPING, AND
I11 MAINTENANCE , OF OPEN LAND USES; PROVIDING FOR
ENFORCEMENT, PUBLIC HEARING ON FAILURE TO COMPLY,
2 )('(1) AND FOR A LIEN TO BE FILED AGAINST THE PROPERTY
FOR UNPAID ASSESSMENTS; PROVIDING FOR PERFORMANCE
SURETY; PROVIDING FOR THE REPEAL OF ORDINANCES OR
.�O PARTS OF ORDINANCES IN CONFLICT HEREWITH;
'0 PROVIDING FOR SEVERABILITY• PROVIDING
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1 . Ordinance No. 355, The Comprehensive. Zoning
Ordinance of the Village of Tequesta, Florida is hereby
amended at Section X (H) Landscaping; General Requirements, to
read as follows:
"Section X (H) Landscaping: General Requirements '
(1 ) Objective. •
'
The objective of this section is to improve the
appearance ' of off-street vehicular parking, open lots, and
service areas in' the Village, and to protect and' preserve the
appearance, character, and value of the surrounding
neighborhoods and thereby promote the general welfare, by
providing standards for the installation and maintenance of
landscaping for screening and aesthetic qualities, since the .
Village Council finds that the peculiar characteristics and
qualities of the Village justify regulations to perpetuate its
aesthetic appeal on a Village-wide basis.
(2) Application.
Landscaping shall be provided in all zoning districts
according to the following regulations, however, single family '
• lots are exempt from these provisions. " '
(a) Landscaping during Renovation of Existing '
Properties. '
Whenever an existing structure is altered in any way,.
requiring approval of the Community Appearance Board
and/or the Village Council, landscaping, if not in
accordance with present criteria requirements set forth
herein, shall be upgraded by the responsible party to
meet the requirements of this Code; 'unless in the
opinion of the Village Council, such up-grading is
impractical or would result in undue hardship. In this
case, the Village Council reserves the right to waive
such portions of the criteria as it deems advisable.
(b) Non-Conforming Areas.
Any parcel of land. upon which a structure has been
heretofore erected and which received a Certificate of
Occupancy prior to the date upon which this ordinance
is adopted, which does not conform to the requirements •
and regulations of this Code, shall be landscaped by
the responsible party according to the requirements
- 2 -
hereof, within five (5) years of the date of enactment
hereof.
• In the event it is determined that it is impractical or
would result in undue hardship for a property to come
into compliance with the provisions of this Code in
accordance with this section, the Village Council
reserves the right to waive such portions of the
criteria as it deems advisable. Financial hardship
shall not be considered as a primary reason for a
waiver but rather consideration for waiver shall be
granted primarily upon the basis of the practicality
and ability of a property to come into compliance with
the terms hereof.
(c) Landscaping of Open Land Uses.
( 1 ) Commercial Areas. Open land uses shall mean open
air parking lots, private or public; and parking areas
serving any commercial, business, service, multi-family
or institutional use, however, these requirements shall
not apply to single family residential lots. Any open
land use area which abuts any public street right-of-
way or abuts or is across any alley from any land used
for residential use shall be required to provide a
planting strip inside the property line. Said planting
strip shall have a width of at least five ( 5) feet
where vehicular use areas abut adjacent land uses and a
width of at least ten ( 10) feet where vehicular use
areas abut public and/or private street right-of-way.
Said planting strips shall be planted with a hedge, at
the time of planting, of at least twenty-four .(24)
inches in height to grow to a minimum of four (4)
feet, but not to exceed six (6) feet in height and
shall have trees planted as required in paragraph three
(3) below.
'The diagram following is for illustrative purposes. It
represents minimum requirements and should be
considered as a guideline only.
M Perimeter Landscaping Required
Parking Area ' r•r
wall/Fence
Y (open land use)
4
06
Residential a commercial ER
Use Building rr
e Z r'r Property
0.0
a oar
Line
,r•r•r•r•r•r�r�W•r•r,r•r•r,r 1011 r•r-r•r•r•r•r•r•r•r
•'M`..'iL'...L.ti.•.••..ti.'L.•. .ti.ti.'..L y.ti•ti.1.ti r....
Public/Private Right-of-Way
(2) Residential Areas. In the planting strip abutting
and/or immediately adjacent to residential areas there
shall be erected a living hedge not more than six (6)
feet from said residential property line. Said hedge
must be planted prior to issuance of a Certificate of
Occupancy and must be planted not more than two (2)
feet on center and must be maintained at a height of
not less than six (6) feet and not more than ten (10)
feet. Additionally, a solid opaque fence and/or wall
of not less than five (5) feet but not more than six
(6) feet shall be required.
- 3 -
The diagram following is for illustrative purposes. It
represents minimum requirements and should be
considered as a guideline only.
Buffer Required at Commercial/Residential Abuttrient
5-6'opaque A; 6-196
wall/fence hedge
INA
(Residential) I owlCommercial
■' 5 'ntin.
I planting area
U .
■
Prooerti'
Line
(3) Planting Strip Remainder Area. The area of the
required planting strip not occupied by a fence or
hedge shall be provided with grass or other plant
ground cover material. In addition, one ( 1 ) canopy
tree shall be provided for each thirty (30) linear feet
of such landscaped area.
Such trees shall be not less than twelve ( 12) feet high
at the time of planting with a minimum of five (5) feet
of clear trunk. In the event palm trees are planted in
lieu of canopy trees, said palm trees may be clustered
in groups of three and three palm trees shall be
required for each canopy tree required under this
section. Palm Trees shall be planted with a minimum of
twelve ( 12) feet of gray wood or clear trunk at time of
planting. Only fifty (50%) percent of all trees
provided in the landscaping plan shall be Palm Trees.
The diagram following is for illustrative purposes. It
represents minimum requirements and should be
considered as a guideline only.
Cross-section of Perimeter Landscape Requirements
-30"Max—)
' sr♦ +i.b %SS 12• 'n
ii i ISO i i i
5'b11n
hedge 2'at � � r ►' �� i i ►.
planting 1 #l+fa• sWs �' 1' 4' 1�»��i 4j:T14'
(4) Access. Necessary access ways from public rights-
of-way through all required landscaped areas shall be
permitted to service the open land use. The width of
access ways shall be included in the lineal footage
calculation to determine the number of trees required
in a required planting strip area. Access ways shall
in no event exceed twenty-four (24) feet in width.
(5) Irrigation. All landscaped areas and planting
areas shall be provided with sufficient automatic
irrigation facilities which shall be maintained in
working order at all times. Irrigation facilities
shall be designed to meet the needs of the turf and
other plants used. Irrigation facilities design shall
consider the hydro-zones of the landscape. Irrigation
• - 4 -
facilities shall be designed so as to irrigate only
designated landscapes, avoiding water placement on
parking lots, sidewalks, streets and buildings.
( 6 ) Interior Landscaping Commercial 'Parking' Areas.
a) Rows of parking spaces shall be terminated on
both ends by landscaped islands which measure not less
than six (6 ) feet in width (outside of curb to outside
of curb) and twenty (20) feet in length. At least one
( 1 ) tree shall be planted in every six ( 6) foot by
twenty (20) foot island. The remainder of the terminal
island shall be landscaped with grass, ground covers or
shrubs or a combination of any of the above.
b) Additional interior landscape islands shall be
placed within rows of parking spaces so that there is
at least one (1) interior island for every ten (10)
parking spaces or fraction thereof. Said island shall
measure not less than six ( 6) feet in width (outside of
curb to outside of curb) and . twenty (20) feet in
length. At least one ( 1 ) ' tree, as defined in
Subsection (3) , above, shall be required per island,
with the remainder of the island landscaped with grass,
ground covers, shrubs or a combination of any of the
above.
The diagram following is for illustrative purposes. It
represents minimum requirements and should be
considered as a guideline only.
groundcoveresoatsnrubs 6' pain
one interior island per 10 parking spaceI s off
n
1 2, 3 4 S 6 7 I 8 9 10
.•�fl
canopy tree-min 1 per island
c) In addition to the requirements above, a landscape
divider median shall be placed between abutting rows of
parking spaces and rows of 'parking spaces and
driveways. The minimum width of said divider median
shall be five (5) feet and shall continue the entire
length of the parking row to the terminal landscape
island. There shall be one ( 1) tree, as defined in
Subsection (3) above, planted per forty (40') linear
feet of required landscape area. The remainder of the
divider median shall be landscaped with grass, ground
covers, shrubs or a combination of any of the above.
The diagram following is for illustrative purposes. It
represents minimum requirements and should be
considered as a guideline only.
1 •�•
parking spaces I r.'
%•
•ti:•;k:oL•'ti•ti-Y4•Y s i r•r• ... • L
.ti 45'
•tires-�-r r.r.� �.• r • ,� ' `i` ! r'�'r"?�1�.ti�:
4 II' ,i :�:�: min
MOW
} f
;, •
e
ti � v
•
•
• - 5 -
d) Trees of the species designated within . South
Florida Water Management District Xeriscape Plant Guide
II, as amended, which is adopted as part of this
ordinance and attached hereto shall' be planted in each '
planting area provided that each species planted shall
be designated as Moderate Drought Tolerant or Very
Drought Tolerant, . a .non-invasive species, have a
Hardiness Zone' designation other than" Tropical, be
proposed ' .for planting with regard for salt tolerance
depending upon the proposed ' geographic location and
its proximity ' to the Atlantic Ocean and have' a Medium"
or High Wind , Tolerance. All designations referenced
. herein shall be as indicated within the South Florida •
Water Management District Plant Guide II, as amended.
Tree plantings . shall meet the landscaping requirements
of the Village.
• (7) Commercial Parking Areas Abutting Other Uses. In
• commercial parking areas where ' one (1 ) off-street
parking area adjoins or abuts another such parking, area '
under different ownership or 'use, a landscaped planting
strip not less than five ( 5) feet wide maintained in
good condition shall be 'required. it is, the intent of '
this section that each adjacent strip shall require the
. five - (5) foot planting strip with the intent being that
.. , a minimum combined ten ( 10) ' foot landscape separation' '
be maintained between uses.
' The diagram following is for illustrative purposes. It
represents minimum requirements and should ' :be .
considered as a guideline only.
rt,*:�ti •.�•.. -��;•.ter•.- :.:..••.-.-•.�� 5''�]
-ti•:�•:.r.75 L.L.L.•..L.L.L••.r,•1•L.•,,L.•,••,,L, ■L.0:;:�'t?� t L�L• •V�Y•T•:'.r•r•.
pal •,LtitiL
1•Y
• rs Commercial
Commercial 3 5. Building .
, Building _
AA " :
MA L•
.L.y
' LrL•L•L•L•L•L•L•L rfr`7i-?r''�:'v/.�r4•L•L•L•L•L•L•ti L•L•L•L•L•L• ti•LJiio$
L •L
r-r,r.r,r•r•r•rti . :L-L.LL ti L L•5 L10' ..� r•r,r •,r- ti•,;`•J.•J.~%Wl133 r
.NN
Property Lines Public/Private Right-of-Way '
rre .. Perimeter Landscaping Required : •
(8) Vegetation Selection Criteria. The Village shall
'require the use of native vegetation as' referenced ,in •
the South Florida Water Management District Xeriscape •
Plant Guide II, as' amended, said species to be .used, to
. the greatest extent possible and where . practical. .
Sixty '(60$) percent of all required, landscaping shall
be landscaping indigenous to the South Florida area as
indicated in ` said Xeriscape Plant Guide II, as
amended. Additionally, each species planted shall be
designated as Moderate Drought Tolerant or Very Drought •
• Tolerant, a non-invasive'" species, have a Hardiness Zone
designation . other than Tropical and be proposed for •
planting with ' regard for salt tolerance depending 'upon
' the proposed geographic location and its proximity to
. the Atlantic Ocean. All designations referenced herein
shall ` be ' as indicated within the South Florida Water
Management District Xeriscape Plant Guide II, as
amended. '
• - 6 -
(9) Tree Protection. Whenever appropriate, existing
trees shall be conserved and integrated into the
approved landscaping design plan. Along with the
submission of the landscape plan, a tree inventory
survey shall be submitted which sets forth in detail
the . landscaping existing on the property prior to
development. Said survey shall be accomplished .by a
registered land surveyor and shall reference all trees
of three (3) inches in diameter or greater.
( 10)Percentage of Landscape Coverage Required. Fifteen
( 15%) percent minimum of the gross parking area is to
be devoted to living landscaping, which includes grass,
ground cover, plants, shrubs and trees. The gross
parking area is to be measured from the edge of parking
and/or driveway paving and sidewalks, extended five (5)
feet in all directions, but is not to include any areas
enclosed by the building or covered by a building
overhang.
( 11 )Required Landscaping Surrounding Principal
Structures. Parking rows and traffic aisles must be
separated from principal structures on the side and
front by a landscape strip of at least four (4) feet
width. Where a building fronts on two streets, all
sides of the building, except for designated loading
areas, must be separated from parking rows and traffic
aisles by a landscape strip of at least four (4) feet
in width which shall include trees and/or hedges.
( 12) Compatibility with U.S. Highway One and Tequesta
Drive Streetscapes. Landscaping plans of properties,
including proposed subdivisions, abutting or adjacent
to U.S. Highway One and Tequesta Drive, or any other
street upon which the Village Council has adopted a
streetscape plan, shall, to the extent possible,
conform to the themes established by the Village on the
special roadway corridors in the manner and form of the
streetscape plan adopted by the Village Council. The
property owner shall pay all costs of planning and
landscaping improvements for all off street streetscape
landscaping required by this Ordinance.
(13) Minimum Requirements ' of Landscape Plans.
Landscape plans submitted to meet the provisions of the
ordinance shall conform to the following criteria:
a) The landscape plans shall be drawn to a scale of
not less than one (1) inch equals thirty (30) feet.
b) The landscape plan shall clearly delineate all
proposed trees, shrubs, ground covers, required
landscape strip, planting islands and other landscape
areas and treatments required by this ordinance.
c) The landscape plans shall indicate graphically
the quantities, types, sizes at time of planting and at
five (5) years maturity, spacing and other qualitative
data for all required plant materials under the
provisions of this ordinance, including botanical and
common names. •
d) The landscape plan shall bear the seal of a
landscape architect licensed to practice in the State.
of Florida or be prepared by another licensed
professional authorized to prepare landscape plans
pursuant to =Chapter 481, Part II of the Florida
Statutes (Landscape Architecture) .
e) Said plans shall conform to any and all other.
requirements required by the . Building and Zoning
Department of the Village.
• - • - 7. -
f) Any and all landscaping provided shall be in
accordance .with the South Florida.: Water Management
' District Xeriscape Plant Guide II, as amended,
techniques, practices and landscape vegetation lists
' and shall constitute the Village of Tequesta approved
landscape guide and . list with 'the following '
exceptions: All vegetation species not designated as " •
. _ Moderate ' Drought Tolerant or Very Drought tolerant; all
invasive species and all species having a" Hardiness
Zone designation of Tropical shall not be approved and
. do not constitute. a part of the approved Village of. :
Tequesta landscape guide and list, . a copy of which is. .
. on file . with the Building Official and which is hereby
incorporated as •a part of this Ordinance as if fully.
• setforth herein. •
( 14)Prohibited' Landscaping. The following plant, species
shall not be, ,planted in-the Village of Tequesta:,
a) Melaleuca quinquenervia (commonly known. as Punk
Tree, Cajeput or Paper Bark); .
b) Schinus terebinthifolius (commonly known as Brazilian
Pepper or Florida Holly);
. • •c) Casuarina . . species (commonly known as Australian
•
Pine.
•
Any parcel of'. land upon which a ' ' structure has been
heretofore erected and• which received a Certificate of
Occupancy prior to the date upon which .this ordinance is '
adopted and contains the prohibited landscaping indicated , . '' .
herein shall have the prohibited landscaping removed and .
'replaced with , living landscaping pursuant to the
provisions of this ordinance within five (5) years of the '
date of enactment hereof. . '
.
•
•
( 15) Responsible Parties for Maintenance. The owner,
occupant, tenant and the respective agent(s) of each, - if ,
any, shall be jointly and severally responsible for. all
landscaping and irrigation equipment. Landscaping shall .
• • be maintained ' in a good condition, so 'as to present a ;
healthy, neat and orderly appearance at least equal to 'the
original installation • and shall be kept free from refuse
. and debris. . Any dead vegetation and landscaping material
. shall be promptly replaced with healthy, living plantings.
(3) Enforcement.
. In the 'event the owner, tenant, or agent, jointly or
• severally, shall, fail' to meet the requirements of this section
as to maintenance, ' or if the existing trees, shrubbery, grass
. or ground covering shall be permitted to die, either •
intentionally ' or , unintentionally, I and same is not replaced
by the owner, tenant or 'agent of the real property involved
within thirty (30) ' days of the . event , occurring, then the .
Building Official , shall notify in writing the person , .
responsible for the maintenance or replacement of same to
comply with the requirements hereof within thirty (30) days
from.. date of delivery of the notice. Failure to comply' with '
the requirements hereof shall constitute . a violation of this .
Chapter.
' • (4) Failure to Comply. . '
In the event the owner, . tenant or agent shall fail . to comply
as herein stated, the Village shall hold a public hearing
allowing said parties an opportunity to show cause as to why
the . Village shall not undertake to. correct the violations and. :
assess the costs thereof against the property owner. Upon the
conclusion of said hearing,- and' the continued failure of the
- 8 -
owner, tenant or agent to comply, the Village may have -the
work conducted at the expense of the Village and bill the
owner, tenant or agent for the actual costs to make the
property come into compliance plus accrued interest at ten
( 10%) percent per annum from date of the completion of the
work. Alternatively, failure to comply shall cause the
violation to be- considered by the Code Enforcement Board
pursuant to the procedures prescribed by law and a fine
imposed accordingly. Nothing herein shall preclude the
Village seeking relief by civil action through mandatory
injunctive relief or other relief available through the
courts.
( 5 ) Assessment to Constitute a Lien Against the Property.
The bill referenced above shall be assessed to the owner of
the property and, if remaining unpaid for a period of sixty
( 60) days after : issuance, the Village Manager shall cause a
lien to be filed against the property, to be recorded in the
public records of Palm Beach County.
( 6 )Performance Surety.
In the event that the landscaping requirements of this
ordinance have not been met at the time that a Certificate of
Occupancy, or Certificate of Use is requested, the Village may
approve such request provided the Village enters into an
agreement with the owner or his/her agent that the provisions
and requirements of this ordinance will be complied with. The
owner or his/her agent shall post a performance bond or other
approved surety in an amount equal to one hundred and ten
( 110%) percent of the cost of materials and labor and other
attendant costs incidental to the installation of the required
landscaping. This surety shall run to the . Village of
Tequesta, and shall be in a form satisfactory and acceptable
to the Village, specifying the time for the completion of the
landscape requirements.
Section 2. Repeal of Conflicting Ordinances.
Any ordinances or parts of ordinances in conflict with the
provisions herewith are hereby repealed.
Section 3. . Severability.
If any provision of this ordinance or the application
thereof is held invalid, such invalidity shall not affect the
other provisions or applications of this ordinance which can
be given effect without the invalid provisions or
applications, and . to this end, the provisions of this
ordinance are hereby declared severable.
Section 4. Codification.
This ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date. .
This Ordinance shall take effect immediately upon its
passage and approval, as provided by law.
THE FOREGOING' ORDINANCE was offered by
Councilmember ,. who moved its
adoption. The Ordinance was .seconded by
Councilmember ,. and upon being put to a
vote, the vote was as follows:
• - 9 -
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1990.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Village Clerk