AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, CHAPTER 13, “LAND DEVELOPMENT CODE,” RELATED TO LANDSCAPE STANDARDS, REQUIREMENTS, AND FEES. (SECOND READING)(PUBLIC HEARING)
body
BACKGROUND:
This item was approved on First Reading at the August 24, 2023, City Commission Meeting. The application fees for waivers have been revised, and inspection fees added (see lines 78-86), to reflect the Commission’s discussion on First Reading. In addition, a proposed change to minimum tree requirements for the RS-1 district was removed to make the ordinance more consistent with recent changes to state law.
The Landscape Code was last amended in 2010. Updates are necessary to ensure consistency with Broward County regulations and Best Management Practices in landscaping. Changes are also necessary to incorporate changes to State statutes and applicable agency rules. Discrepancies and unclear language required clarification, and fees were updated to represent regional practices.
Coconut Creek is legally required to ensure its landscape code is consistent with the Broward County Landscape Code. The City Code can be more restrictive, but not less. Landscape regulations from multiple jurisdictions were researched to evaluate recent code changes, fees, and practices; and staff utilized the City’s landscape consultant, who has experience with multiple jurisdictions and expertise with county and regional code application and interpretation. This ordinance, as presented, has been reviewed and approved by Broward County.
DISCUSSION:
This ordinance amends the City’s Landscape Standards and Requirements, which are located in Chapter 13, “Land Development Code,” Article III, “Zoning,” Division 4, “Accessory Uses And Structures,” Subdivision IV, “Landscape Standards and Requirements.” The ordinance also amends Article 1, “Administration, Regulations, and Procedures,” Division 4, “Fee Schedules,” Section 13-84, “Nonrefundable Building Permit Fees,” to update the Landscaping permit and review fee schedule.
At the December 2022 Planning and Zoning Board meeting, Board members discussed the changes and proposed two (2) changes to accompany their recommendation of approval to the City Commission:
1. Allow the waiver process to apply to “nuisance” trees like Black Olive trees; and
2. Allow a waiver process to allow the installation of artificial turf within the property setbacks.
As discussed in staff’s presentation, staff has major concerns with the two (2) changes proposed by the Planning and Zoning Board, and as such, they are not currently included in the draft ordinance before you.
Subsequent to the Planning and Zoning Board meeting, staff also reviewed several sections in order to provide a more streamlined, less cumbersome approach to compliance and made revisions as follows:
1. Reduced requirements for the installation of artificial turf and removed a permit requirement for same; and
2. Revised the triggers that require compliance with landscape standards.
As a separate note, based on the initial results of the City-wide Vulnerability Assessment relative to the extreme heat projected for our community and staff's desire to achieve more tree canopy and higher levels of evapotranspiration in the City, staff will be increasing commercial enforcement efforts, an area of compliance that has been lagging (evapotranspiration creates a microclimate or insulating cooling layer that compensates some of the heat we create, offsetting the heat island effect).
The above items, including the Planning and Zoning Board’s requests and the specific changes to the Landscape Code, will be addressed in more detail in a presentation to the Commission.
RECOMMENDATION:
Staff recommends approval of this ordinance.
FISCAL IMPACT: N/A