Fort Walton Beach Ordinance — 2177--Heritage Trees ‎(Postponed Indefinitely)‎ — reading text

Ordinance 2177 Amending LDC Chapter 4 - Development Standards AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 4 OF THE LAND DEVELOPMENT CODE TO DEFINE AND ESTABLISH PROTECTION REQUIREMENTS FOR HERITAGE TREES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Mr. Jeter amended his motion that this ordinance be postponed indefinitely until staff can determine a workshop date and time for development standards about procedures for protection of heritage trees. The motion passed unanimously.  ORDINANCE 2177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 4 OF THE LAND DEVELOPMENT CODE TO DEFINE AND ESTABLISH PROTECTION REQUIREMENTS FOR HERITAGE TREES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Land Development Code section 4.08.01. currently exempts single-family and two-family dwellings from tree protection requirements; and WHEREAS, Land Development Code section 4.08.04. provides a list of specific species of trees that are protected at various sizes, but doesn’ t include all species of trees in the University of Florida, Florida Friendly LandscapingTM Plant Guide. WHEREAS, the Land Development Code does not provide any definition or guidance on heritage trees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166.021, 163.3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Amendment of Land Development Code Chapter 4 – DEVELOPMENT STANDARDS. 4.08.01 Generally. A. Purpose. The purpose of this section is to provide requirements for landscaping, buffering of developments, and tree protection within Fort Walton Beach. B. Intent. It is the intent of this section to establish minimum requirements for the development, installation, and maintenance of landscaped areas without inhibiting creative landscape design and to promote the public health, safety, and general welfare. The specific intent of the City is to reduce potential adverse visual, environmental, and aesthetic effects of development in order to: 1. Minimize the rate of stormwater runoff; 2. Maximize the capability of groundwater recharge; 3. Provide shade for the ground surfaces; 4. Buffer adjacent incompatible land uses;  5. Filter and reduce the glare of headlights and reflected sunlight from parked automobiles onto the public street rights-of-way and adjacent properties; 6. Improve the appearance of parking areas and vehicular surface areas; 7. Assist in energy conservation, production of oxygen, and reduction of carbon dioxide; 8. Filter dust and pollutants; 9. Reduce the negative impacts of noise; and 10. Provide habitats. C. Specific intent for water conservation. It is further the intent of the City that creative site development concepts shall be used to promote water conservation. Water requirements may be reduced by providing for: 1. The preservation of existing plant communities; 2. The reestablishment of native plant communities; 3. The use of site specific plant materials; 4. Site development that retains stormwater runoff on site; 5. The use of pervious paving materials; 6. The use of water efficiency in landscaping; and 7. Other environmentally sensitive site development concepts. D. Applicability. This section shall apply to all new construction; site modification of areas devoted to parking, driveways, access points, pavements, buffers, stormwater management, or open spaces, and clearing and grubbing when affecting ten ( 10) percent or more of the site; redevelopment; change of use; and maintenance of all property within the City except for the following situations: 1. Single-family and two-family dwellings other than requirements for heritage tree protection; 2. Applications for accessory uses, accessory structures, or temporary uses; 23. Plant or tree nurseries or botanical gardens; 34. The City or its authorized agent for the purpose of removal of a tree on City-owned property or a public right-of-way that is dead or a hazard to the public; 45. Utility companies or their authorized agents for the purpose of removal of a tree that is a substantial hazard to overhead wires or for trimming that is necessary for establishment or maintenance of service; 56. The trimming or pruning of trees or the removal of underbrush; or 67. The removal of trees or other landscaping damaged by fire, windstorm, lightning, or other acts of nature, which pose imminent danger to life or property. E. Landscaping plan required. In order to demonstrate compliance with the requirements of this section, a landscaping plan shall be submitted in compliance with the following standards: 1. The landscaping plan shall be prepared by a licensed landscape architect; the landscape plan may be prepared by another licensed design professional when such plan is submitted as part of the site development application. 2. The landscaping plan shall include a maintenance plan and schedule, soils analysis, and an irrigation plan. 23. The requirements for plan contents and procedures for submittal, review, and approval of all applications are set forth in Chapter 9, Administrative Procedures. F. Prohibited conditions. The following conditions regarding landscaping and plant materials are prohibited: 1. Trees, plants, shrubs, vegetation, or parts thereof, which overhang any sidewalk, street, alley or fire hydrant, and obstruct or impair the free and full use of the sidewalk, street, alley, or fire hydrant by the public. 2. Grass, weeds, shrubs, bushes, trees, or vegetation which constitutes a fire hazard or a menace to public health, safety, or welfare. 4.08.04 Requirements for Trees and Tree Protection. A. Preservation of protected trees. 1. The trees listed in Table 4.08.04.A are protected in the sizes indicated. Table 4.08.04.A. Protected Trees. Small, Medium, Large (canopy or shade) 4 inches dbh + 6 inches dbh + 8 inches dbh + Dogwood (Cornus florida) • Eastern Red Cedar Live Oak (Quercus Juniperus virginiana) virginiana) Redbud (Cercis canadensis) • Southern Red Cedar Sweet Gum (Liquidambar Juniperus silicola) styraciflus) Red Maple (Acer rubrum) • Southern Magnolia Sycamore (Platanus Magnolia grandiflora) occidentalis) Willow Oak (Quercus Pecan (Carga illinoensis) phellos) Water Oak (Quercus nigra) Red Oak (Quercus falcuta) White Oak (Quercus alba) Shumard Oak (Quercus shumardii)  2. A Heritage Tree is defined as any tree identified on the University of Florida, Florida Friendly LandscapingTM Plant Guide with a diameter of at least thirty inches ( 30”) DBH. 32. Removal of any protected or heritage tree shall require a tree removal and replacement land site work permit ( local development permit). Procedures for local development permits are set forth in Chapter 9. A permit is not required for single-family residential properties if a tree is determined to be an unacceptable risk as outlined in Paragraph D below. 43. Protected or heritage trees removed for any purpose (unless exempted in subparagraph D below) shall be replaced on an inch-for-inch basis, measured as diameter at breast height ( dbh). Replacement trees must be selected from the University of Florida, Florida Friendly LandscapingTM Plant Guide. 54. The applicant may elect to replace the trees at a pre-approved off-site location or pay into the Tree Mitigation Fund if it is demonstrated to the Development Administrator that the site cannot accommodate the total number of replacement trees required by this section as a result of insufficient planting area. The replacement value and payment into the Tree Mitigation Fund will be established in the Comprehensive Fee Schedule. 65. Trees for replacement shall be native and selected from a list of trees for reforestation from the Institute of Food and Agricultural Sciences, University of Florida on the University of Florida, Florida Friendly LandscapingTM Plant Guide. 76. The design of any required perimeter or interior landscaping or buffers shall include preservation of protected trees on the development site to the maximum extent possible. B. Reduction of required parking spaces for tree protection. The required number of parking spaces may be reduced when such reduction results in the preservation of a protected tree at least eight ( 8) inches dbh. Table 4.08.04.C provides the allowable reduction in required spaces. When the calculation results in a fraction of a parking space, the number of spaces shall be rounded up to the next whole number. Table 4.08.04.B. Parking Reduction for Tree Protection. Number of Required Parking Spaces Maximum Spaces to be Reduced 1—9 0 10—19 1 20 or more 10% of the total requirement, not to exceed 10 spaces C. During development activity, preserved trees shall be protected from activities which may injure or kill them. Tree protection techniques found in the Urban Forestry Manual, Southern Group of State Foresters and USDA Forest Service, Southern Region, or equivalent techniques, shall be used. D. Trees shall be maintained or removed as follows: Dead, dying, damaged, or diseased trees are prohibited. The Development Administrator may make a determination that a tree is in danger of falling upon an adjacent lot or street due to death, disease, or damage, including damage caused by weather conditions, which shall be considered prima facie evidence of a violation. Mitigation of removed protected or heritage trees is not required so long as the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices ( BMP) - Tree Risk Assessment, Second Edition ( 2017). Documentation” means a detailed written report or other accompanying