Ord 06-12MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:February 10, 2012
SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF FEBRUARY 21, 2012
ORDINANCE NO. 06 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for a public hear ing to consider a city-initiated amendment to the
Land Development Regulations (LDR) Section 4.6.16, “Landscape Regulations”, to provide an updated
landscape code.
BACKGROUND
At the first reading on February 7, 2012, the Commission passed Ordinance No. 06-12.
RECOMMENDATION
Recommend approval of Ordinance No. 06-12 on second and final reading.
Page 1of 1 Coversheet
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ORDINANCE NO. 06-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 4.6.16, “LANDSCAPE
REGULATIONS”, TO PROVIDE AN UPDATED LANDSCAPE CODE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUS E,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed
text amendment at a public hearing held on January 23, 2012 and voted 6 to 1 to recommend that the cha nges
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determined that the chan ge is consistent with and furthers the goals, objec tives and
policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated he rein.
Section 2 . That Section 4.6.16, “Landscape Regulations”, of the Land Development Regulations of the
City of Delray Beach, Florida, be and the same is hereby amend ed to read as follows:
Section 4.6.16 Landscape Regulations
(A) Purpose : The objective of this article is to improve the appearance of setback and
yard areas in conjunction with the development of c ommercial, industrial, and residential properties,
including off-street vehicular parking and open-lot sales and service areas in the City, and to protect and
preserve the appearance, character and value of the surrounding neighborhoods and thereby promote
the general welfare by providing minimum standards for the installation and maintenance of
landscaping.
2 ORD. NO.06-12
This Section also provides minimum standards for nonconfor ming sites and requires the upgrad ing of
the landscaping on these properties, to the extent physica lly possible, within three (3) years.
This Section is further intended to fulfill objecti ves as contained within Conservation Element of the
Comprehensive Plan, by providing for: the conservat ion of potable and non-potable water; the
implementation of xeriscape Florida-friendly landscape principles; proper tree selection adjace nt to or
within utilities to mitigate damages which may be c aused by trees; encouraging the creation or
preservation of open space ; maintaining permeable land areas essential to sur face water management
and aquifer recharge; encouraging the preservation of existing plant communities; encouraging the
planting of site specific, native and drought toler ant plant materials; establishing guidelines for th e
installation and maintenance of landscape materials and irrigation systems; reducing air, noise, heat, and
chemical pollution through the biological filtering capacities of trees; reducing the temperature of t he
microclimate through the process of evapotranspirat ion; and promoting energy conservation through
the creation of shade.
The provisions of this Section are minimum standard s which may be increased in accordance with the
guidelines contained herein as well as aesthetic cr iteria established by the Site Plan Review and
Appearance Board and the Historic Preservation Boar d when applicable. Additional landscape
requirements may be required for certain zoning dis tricts and roadways as provided for elsewhere in
these regulations.
(B) Applicability : The provisions of this Section shall apply as follows:
(1) To the construction of single family homes, for whic h a building permit is
applied for on or after October 1, 1990. Such properties shal l comply with minimum standards set
forth in Section 4.6.16(H)(1) and other applicable section s of 4.6.16;
(2) To existing development of all types, includi ng, but not limited to, commercial,
industrial and multi-family development including d uplexes, but excluding single family detached
dwellings on a single lot. Such development shall comply with the minimum standards set forth within
Sections 4.6.16(C)(1) and 4.6.16(H)(6) and other applicable Sections of 4.6.16, in additi on to all
requirements set forth in the approved landscape plan of re cord.
(3) To any new development, or any modification of existing development. That
portion of the site which is being newly developed or modified must comply with the requirements
contained herein;
(4) To any modification to existing development w hich results in an increase of
25% in the gross floor area of the structure, or st ructures, situated on the site. In such cases the entire
site shall be upgraded to present landscape standards;
(C) Compliance, Review, Appeal, and Relief :
3 ORD. NO.06-12
(1) Compliance :
(a) Prior to the issuance of a building permit for a st ructure or a paving
permit, compliance with the requirements of Section 4.6.16 shall be
assured through the review and approval of a landsc ape plan submitted
pursuant to Section 2.4.3(C), including the following, if a pplicable:
1. A landscape permit, which shall be required for all work whose
landscape improvement valuation is greater than $1,000 .
(b) Prior to upgrading landscaping on an existing s ite, a landscape plan shall
be submitted which shall:
1. Be drawn to scale consistent with the site plan with crowded
areas provided in a larger scale presentation.
2. Clearly delineate the existing and proposed park ing spaces or
other vehicular use areas, access aisles, sidewalks , building
locations and similar features.
3. Clearly show property lines and all Right-of-Ways adjacent to
existing property to be improved .
3 . 4. Contain a Statement of Intent as to the method and coverage of
irrigation (irrigation systems require a separate p ermit; See
Section 4.6.16(F) for additional irrigation regulations).
4 . 5. Designate by name and location the plant material to be installed
or preserved.
5 . 6. Show location of overhead lines and utility easements.
6 . 7. Show proposed or existing locations of refuse area s and methods
of screening.
7 . 8. Show proposed or existing locations of free standing signs .
9. Provide an Existing Tree Survey documenting all trees with a
caliper equal to or greater than four (4) inches. All trees shall
have a number or symbol that is referenced in a tab le. This table
shall be shown on the Existing Tree Survey and shal l document
the botanical and common name, caliper, height and spread and
overall condition for each tree.
4 ORD. NO.06-12
10. Show landscape calculations in a legible tabula r format. The type
of calculations used will be determined by the prop erty use.
Single family dwellings shall utilize the Single fa mily dwelling
calculations. Duplexes shall utilize the Duplex cal culations.
Multi-family, Industrial and Commercial use propert ies shall
utilize the Multi-family/Industrial/Commercial calcula tions.
11. Show proposed plant material in a tabular form. Include
botanical and common names, specifications, quantit y and
symbol (if applicable).
12. Be accompanied by a Landscape Cost Estimate whe n proposed
landscape improvements are valued at $1,000 or more .
Landscape improvements include the cost of material , labor and
profit.
13. Label all plant material to be of Florida #1 gr ade or better as
illustrated in the Grades and Standards for Nursery Plants, Part 1
(current edition) by the Florida Department of Agri culture. All
material that is graded lower than Florida #1 quali ty shall be
rejected.
14. Show all sight triangles in their proper locati ons. See Section
4.6.14.
15. Be prepared, signed and sealed by a Registered Landscape
Architect. Exceptions include Single Family and Dup lex
Dwellings located in Single Family Zoning Districts that are not
within an Overlay District that requires them to be prepared by a
Registered Landscape Architect.
(c) The final completion of landscaping prior to is suance of the Certificate
of Occupancy. All landscaping and related items sha ll be installed in
accordance with this section before the Certificate of Occupancy is
issued.
(2) Review : The Landscape Compliance Review Committee is here by created.
Landscape plans for the upgrading of existing prope rties shall be reviewed by the Landscape
Compliance Review Committee. The Committee will be comprised of two people from the Pl anning
and Zoning Department, two people from the Communit y Improvement Department and the City
Engineer. The City Manager will appoint the staff members to the Committee. Landscape plans of
existing properties shall be reviewed by City Staff as appointed by the Chief Building Official . The
purpose of the Committee will be to review of landscape plans for existing duplex, ind ustrial,
5 ORD. NO.06-12
commercial and multi-family properties is to determ ine if the plans meet the minimum required
standards.
(3) Appeals : Appeal from City Staff the Landscape Compliance Review
Committee shall be to the Site Plan Review and Appearance Bo ard or the Historic Preservation Board
as applicable. Appeal from the Site Plan Review and Appearance Board or the Historic Preservation
Board shall be to the City Commission.
(4) Relief : Relief from the provisions of this Section shall only be granted through
the waiver process [Section 2.4.7(B)] by the City C ommission, Site Plan Review and Appearance Board
or Historic Preservation Board as applicable.
(D) Site Planning and Design Requirements : The following site design standards,
concepts, and practices shall be adhered to in the preparati on of landscape plans.
(1) Concepts for Water Conservation : Creative site development concepts shall
be used in order to promote water conservation. Water requi rements may be reduced by providing for:
(a) The preservation of existing native plant communitie s;
(b) The re-establishment of native plant communities;
(c) The use of site specific plant materials;
(d) The use of shade trees to reduce transpiration rates of lower story plant
materials;
(e) Limited amounts of lawn grass areas;
(f) Site development that retains storm runoff on site;
(g) The use of pervious materials for non-landscaped and pa rking areas.
(2) Preservation and Promotion of Existing Plant Communi ties : All existing
native plant communities on sites proposed for devel opment shall be preserved where possible through
their incorporation into the required open space. Existing plant communities that are specified to
remain shall be preserved to the greatest extent po ssible with trees, understory, and ground covers le ft
intact and undisturbed, except for the eradication of prohi bited plant species.
(a) Tree Protection : Trees which are to be preserved on a site shall be
protected from damage during the construction proce ss according to
appropriate tree protection techniques. The "Tree Protection Manual
for Builders and Developers" published by the Divis ion of Forestry of
the State of Florida, Department of Agriculture and Consumer Service,
shall be the standard for determining the appropria teness of proposed
techniques. All trees which are to be preserved and do not survive shall
6 ORD. NO.06-12
be replaced by a tree of equal size or an equivalen t number of trees
based on trunk diameter. [See Section 3.4.6(G) re T ree Removal
Permits]
(b) Portion of Native Communities to Remain : When natural plant
communities occur on a parcel of land which is to b e developed, at least
twenty-five percent (25%) of the required open spac e must be in the
form of preserved natural plant communities.
(c) Native Species Required : A portion of all plant materials required to
be planted shall be native species. The percentage of native plant
materials required shall be as follows:
(i) Effective October 1, 1990, twenty-five (25) per cent of required
trees and twenty-five (25) percent of all other req uired plant
materials shall be native;
(ii) Effective October 1, 1991, thirty-five (35) pe rcent of the
required trees and twenty-five (25) percent of all other required
plant materials shall be native;
(iii) Effective October 1, 1992, fifty (50) percent of the required trees
and twenty-five (25) percent of all other required plant materials
shall be native.
(d) Substitution of Mature, Exceptional Tree Specimens f or Required
Parking : The intent of this section is to preserve those selected mature
trees that are not able to be located in required l andscape areas while
maintaining a reasonable level of off-street parkin g for new or
expanding multi-family, commercial, and industrial developments or
redevelopments, as the preservation of these trees, in most instances, is
of higher order than providing the exact amount of required off-street
parking.
The City may require or the applicant may request t he substitution of existing, mature,
healthy, exceptional tree specimens for required pa rking spaces in instances where the
following conditions are met:
1. Such trees are of a hardwood and/or deciduous varie ty and a minimum of twelve inches
(12”) in diameter measured one foot (1’) above grade.
2. Such trees are free of disease and insects.
7 ORD. NO.06-12
3. Every effort has been made in planning and design o f parking areas to accommodate
such trees in the landscape islands required in Section 4.6.16(H)(3).
4. Such trees are protected during construction as prescribed in Section 4.6.16(D)(2)(a).
The applicant shall indicate on the site plan the l ocation of all required parking spaces and
indicate those spaces that will be eliminated in or der to preserve trees. The amount of
parking spaces permitted to be eliminated for any p roject shall be determined on a case by
case basis.
The Historic Preservation Board (HPB) or Site Plan Review and Appearance Board
(SPRAB), as appropriate, may approve such requests or require such preservation provided
the conditions of this subsection are met.
A decision of HPB or SPRAB disapproving a request f or or requiring tree preservation may
be appealed to the City Commission pursuant to LDR Section 2.4.7(E).
All tree(s) which are to be preserved under this se ction and do not survive shall be replaced
by a tree a minimum of 18 feet in height with a 10 foot spread of canopy. The City
Horticulturist shall approve such replacements.
(3) Site Specific Planting Materials : Trees and other vegetation used in the
landscape design should be appropriate to the condi tions in which they are planted, to the greatest
extent, they shall be:
(a) Salt tolerant relative to the area in which they are planted;
(b) Able to withstand reduced water conditions if planted in san dy soils;
(c) Able to withstand wet conditions when planted a round retention/
detention ponds or in swales;
(d) Deleted .
(4) Tree Selection Adjacent to or Within Utility Easeme nts : Required
perimeter landscape buffers often coincide with uti lity easements. Careful selection of tree species is
essential to minimize conflicts as trees mature. T rees planted subsequent to the effective date of th is
ordinance shall meet the following criteria:
(a) The ultimate mature height and width of a tree to b e planted should not
exceed the available overhead growing space. Tree species shall be
consistent with the recommendation in the most rece nt publication of
Florida Power and Light Company’s “Plant The Right Tree In The
8 ORD. NO.06-12
Right Place” (copies available from the Community I mprovement
Department), which provides recommendations for tree sel ections.
(b) Trees shall not be planted within ten (10) feet of any underground
utilities.
(c) Trees shall have non-invasive growth habits which wil l not interfere with
adjacent above/underground utilities.
(E) Landscape Design Standards : The following shall be considered the minimum
standards for the design and installation of all plant mat erials within the City of Delray Beach.
(1) Design : Xe riscape Florida-friendly landscape principles shall be utilized in
landscape designs and installations. Copies of Sou th Florida Water Management District's "Xeriscape -
Plant Guide II" and "How To Xeriscape" are availabl e from the Building Department. Principles of
xeriscape Florida-friendly landscaping include planting the right tree in the right place, efficient
watering, appropriate fertilization, mulching, attr action of wildlife, responsible management of yard
pests, recycling yard waste, reduction of stormwate r runoff, and waterfront protection. Other
important considerations include:
(a) Appropriate planning and design to include considerat ion of the size and
shape of lot, soil type, topography, intended use o f area site specific
planting to minimize irrigation waste.
(b) Use of soil analysis and appropriate amendments to provide better
absorption of water and to provide beneficial plant nutrie nts.
(c) Efficient irrigation systems which permit turf and other less drought
tolerant plantings to be watered separately from mo re drought tolerant
plantings, consideration of low volume drip, spray or bubbler emitters
for trees, shrubs and ground covers.
(d) Reduction of turf areas, utilizing less water d emanding materials such as
low water demand shrubs and living ground covers in conjunction with
organic mulches.
(e) Utilization of drought tolerant plant materials and the grouping of plants
with similar water requirements.
(f) Utilization of mulches to increase moisture ret ention, reduce weed
growth and erosion and increase the organic content of soil upon
degradation. Mulch should be initially applied at a three inch depth, but
9 ORD. NO.06-12
pulled away from direct contact with stems and trun ks to avoid rotting.
Mulched planting beds are an ideal replacement for turf area s.
(g) Appropriate maintenance to preserve the intende d beauty of the
landscape and conserve water.
(2) Installation : All landscaping shall be installed in a sound, w orkmanlike manner
and according to sound horticultural and planting p rocedures with the quality of plant materials herei n
described. All elements of landscaping shall be in stalled so as to meet all other applicable ordinanc es
and code requirements.
(3) Vehicular Encroachment : There shall be no vehicular encroachment over or into
any required landscape area. In order to prevent e ncroachment and maintain a neat and orderly
appearance of all planting areas adjacent to parkin g spaces, accessways, and/or traffic, all landscape
areas shall be separated from vehicular use areas b y carstops or non-mountable, reinforced concrete
curbing of the type characterized as "Type D" in th e current edition of the "Roadway and Traffic
Design Standards" Manual prepared by the State of F lorida Department of Transportation, or curbing
of comparable durability. In the case of curbing a round required landscaped islands, the width of the
curbing shall be excluded from the calculation of t he minimum dimensions of the required island.
Landscape islands are required to be a minimum of 5 9 feet in width exclusive of the curb width.
The exception to this is that in paved parking lots , that portion of the parking space extending beyon d
the car stop may be sodded, and therefore, a vehicle would enc roach into this specific landscaped area.
(4) Quality : All plant materials used in conformance with pro visions of this
ordinance shall conform to the Standards for Florid a No. 1 or better as given in "Grades and Standards
for Nursery Plants" Part I, 1963 and Part II, State of Florida Department of Agriculture, Tallahassee, or
the most current revised edition.
(5) Trees : Shall be a species having an average mature spre ad of crown greater
than twenty (20) feet and having trunks which can b e maintained in a clean condition with over six (6)
feet of clear mature wood. Trees having an average mature spread of crown less than twenty (20) feet
may be substituted by grouping the same so as to cr eate the equivalent of a twenty (20) foot spread of
crown. Tree species shall be a minimum of twelve (12) feet in overall height a t the time of planting,
with a minimum of four (4) feet of single straight trunk wit h six (6) feet of clear trunk, and a six (6) foot
spread of canopy. Tree species shall be a minimum of sixteen (16) feet in overall height at the time of
planting, with a minimum of six (6) feet of single straight trunk with eight (8) feet of clear trunk, and a
seven (7) foot spread of canopy. Tree species required for single family homes and duplexes shall be a
minimum of twelve (12) feet in overall height at th e time of planting, with a minimum of four (4) feet
of single straight trunk with six (6) feet of clear trunk, and a six (6) foot spread of canopy. Native tree
species shall be permitted to be ten (10) feet in h eight at the time of planting, with a minimum of fo ur
10 ORD. NO.06-12
(4 ) feet of straight single trunk, and a four (4) foo t spread of canopy when it can be demonstrated that
trees twelve (12) feet in height are not available.
When more than ten (10) trees are required to be pl anted to meet the requirements of this section, a
mix of species shall be provided. The number of sp ecies to be planted shall vary according to the
overall number of trees required to be planted. Thi s species mix requirement shall not apply to areas of
vegetation required to be preserved by law. The mi nimum number of species to be planted is as
follows:
REQUIRED NUMBER
OF TREES
MINIMUM NUMBER
OF SPECIES
11 - 20
2
21 - 30
3
31 - 40
4
41 +
5
(6) Palms : Shall be considered trees. Palms considered sus ceptible to lethal
yellowing by the Florida Department of Agriculture shall not be used to fulfill the requirements of th is
article. Palm species which do not have a mature s pread of crown of at least fifteen (15) feet shall be
grouped in threes, and three (3) palms shall equal one (1) shade tree. Palms must have an overall heig ht
of a minimum of sixteen (16) feet and a minimum of eight (8) f eet of clear trunk at the time of planting.
Palms used for single family homes and duplexes mus t have an overall height of a minimum of twelve
(12) feet and a minimum of six (6) feet of clear tr unk at the time of planting. Minimum overall palm
height may be increased if palms are of a nature th at the fronds hang below an eight (8) foot clearanc e,
and are further, located in an area where pedestria ns may be adversely affected by the fronds. No more
than fifty (50) percent of the required trees shall be Palms .
Coconut Palms and Royal Palms may be credited on a one for one basis with shade trees. Coconut
Palms are permitted to have a minimum of two (2) fe et of grey wood at the time of planting, providing
they are located so that the fronds are not hazardous.
(7) Shrubs and Hedges : Shall be a minimum of two (2) feet in height whe n
measured immediately after planting. Hedges where required shall be planted and maintained so as to
form a continuous, unbroken, solid, visual screen w ithin a maximum of one year after planting. To thi s
end, shrubs shall be spaced a maximum of two (2) fe et, center to center, unless plants are exceptional ly
11 ORD. NO.06-12
full, in which case the shrubs shall be permitted t o be planted up to a maximum of thirty (30) inches,
center to center, provided the branches are touching at the t ime of planting.
Hedges must be allowed to attain height of thirty-s ix (36) inches except where providing adequate and
safe sight distance requires them to be maintained at a thirt y (30) inch height.
Hedges that are required for screening purposes sha ll have their height specified as follows: Hedges
shall fully screen equipment that is five (5) feet above grade or less. Equipment five (5) to sixteen (16)
feet above grade shall be screened with hedges that are half of the height of the item to be screened. In
such instances, the required hedge shall not be any less than five (5) feet in height. Anything higher than
sixteen (16) feet shall be screened with shrubbery that is a m inimum of eight (8) feet in height.
(8) Lawn Grass : (Turf or Sod) A major portion of water demand u sed for
landscape purposes is required for the irrigation o f lawn areas. Portions of landscaped areas that ha ve
been customarily designed as lawns shall be:
(a) Preserved as natural plant communities;
(b) Planted as redeveloped native areas; or
(c) Planted in traditional mixes of trees, shrubs, and ground covers.
Property managed non-grass landscape developments o f site specific
plantings will typically be able to survive on redu ced water requirement
and survive drought conditions better than lawn areas.
For commercial, industrial and multi-family develop ments, no more
than seventy (70%) percent of the combination of the required interior
greenspace and the required perimeter landscape buf fers, shall be
planted in lawn grass. The balance shall be plante d in a mix of shrubs
and ground covers.
For the development of single family and duplex res idences, no more
than eighty (80%) percent of the pervious lot area shall be planted in
lawn grass. A minimum of twenty (20%) percent of the pervious lot
area shall be planted in shrubs and ground covers.
When used, lawn grass shall be clean and reasonably free of weeds and
noxious pests or diseases. When grass areas are to be seeded, sprigged
or plugged, specifications must be submitted to and approved by the
City Horticulturist. One hundred percent (100%) co verage must be
achieved within ninety (90) days. Nurse grass must be sown for
12 ORD. NO.06-12
immediate effect and protection against soil erosio n until coverage is
otherwise achieved.
Solid sod must be used in swales, canal banks, righ ts-of-way and other
areas subject to erosion.
(9) Ground Covers : Ground covers used in lieu of grass, in whole or part, shall be
planted at such spacing to present a finished appea rance and reasonably complete coverage within six
(6) months after planting. All ground cover areas must be kep t free from weeds.
(10) Vines : Shall be a minimum of thirty (30) inches in heig ht immediately after
planting and may be used in conjunction with fences , screens, or walls to meet physical barrier
requirements as specified.
(11) Organic Mulches : Organic mulches may be used in combination with living
plants as part of a landscape design as provided in this section. However, organic mulches shall not by
themselves constitute landscaping. No more than tw enty-five (25) percent (25%) of a front or side
street setback may be comprised of mulch independent of livi ng plant materials.
(F) Irrigation Requirements : All landscaped areas shall be provided with a sp rinkler
system, automatically operated, to a fully automated sprinkler system that will provide complete
coverage of all plant materials and grass to be maintained. Systems shall be designed to permit all zones
to be completed between the hours of 5:00 P.M. and 9:00 A.M. to avoid daylight watering as
established in the South Florida Water Manageme nt District Guidelines. Exceptions to the requirement
to provide irrigation are noted below: All systems shall be designed to allow for head-to-head coverage
(one hundred (100) percent coverage with one hundre d (100) percent overlap). Low-volume irrigation
systems, such as drip or micro-irrigation systems, are stro ngly encouraged.
(1) Watering Restrictions: The Landscape Irrigation Restrictions set forth by the
South Florida Water Management District (SFWMD), as amended, are hereby adopted and
incorporated as if set forth.
(1 ) (2) Irrigation of Existing Plant Communities : Existing plant communities and
ecosystems, maintained in a natural state, do not r equire and shall not have any additional irrigation
water added in any form.
(2 ) (3) Reestablished Native Plant Areas : Native plant areas that are supplements to
an existing plant community or newly installed by t he developer may initially require additional water to
become established. The water required during the establishment period shall be applied from a
temporary irrigation system, a water truck or by hand wateri ng from a standard hose bib source.
13 ORD. NO.06-12
(3 ) (4) Irrigation Design Standards and Practices : The following standards shall be
considered the minimum requirements for landscape irrigat ion design:
(a) All landscaped areas shall be provided with an irri gation system,
automatically operated, to provide complete coverag e of all plant
materials and grass to be maintained. All landscaped areas shall be
provided with a fully automated sprinkler system th at will provide
complete coverage of all plant materials and grass to be main tained. The
source of water shall be pursuant to Section 6.1.10(B)(5).
(b) All new installations of landscape irrigation s ystems and substantial
modifications of existing irrigation systems which use well water,
excluding single family residences, shall install, operate and maintain rust
inhibitor equipment to prevent staining of structures and p avements.
(c) Wherever feasible, sprinkler heads irrigating l awns or other high water
demand landscape areas shall be circuited so they a re on a separate zone
or zones from those irrigating trees, shrubbery or other reduced water
requirement areas.
(d) Automatically controlled irrigation systems shall b e operated by an
irrigation controller that is capable of watering h igh water requirement
areas on a different schedule from law water requirement are as.
(e) Sprinkler heads shall be installed and maintained s o as to minimize spray
upon any public access, sidewalk, street or other non-pervi ous area.
(f) The use of low trajectory spray nozzles is enco uraged in order to reduce
the effect of wind velocity on the spray system.
(g) The use of low volume or drip systems is encouraged.
(h) All new installations of landscape irrigation s ystems, and modifications
of existing irrigation systems, shall be equipped w ith a rain sensing
device which will override the irrigation cycle of the system when
adequate rainfall has occurred. Further, these rai n sensing devices must
be operated and maintained for the life of the irrigation sys tem.
(i) The use of pop-up sprinkler heads is required in th e swale area between
the property line and the edge of pavement of the a djacent right-of-way
to minimize pedestrian hazard.
14 ORD. NO.06-12
(j) The plant palette and irrigation system shall be ap propriate for site
conditions, taking into account that, in some cases , soil improvement
can enhance water use efficiency.
(k) Plants shall be grouped together by irrigation demand.
(l) The percentage of landscaped area in irrigated high water use
hydrozones should be minimized. Landscape plans sha ll depict the
different hydrozones and irrigate according to demand.
(m) All irrigation systems shall meet current Best Mana gement Practices as
established by the most current version of the Flor ida Green Industries
Best Management Practices Handbook, including the u niform
distribution of water throughout all zones.
(n) Irrigation plan shall meet the following requirements :
(1) Scale of drawing shall be consistent with Site and Landscape
Plans.
(2) Show location of existing and proposed buildings, pav ing, and
site improvements .
(3) Show locations of Water Meter, Point of Connect ion (POC),
Backflow Preventer, Controller, Pump, Zone Valves, Rain shut-
off device, Rust-inhibiting device (if applicable), Main and
Lateral Lines, Sprinkler Heads and Sleeves.
(o) An irrigation legend shall be shown on irrigation p lan. The irrigation
legend will have the following elements: Separate symbols for all
irrigation equipment with different spray patterns and precipitation rates
and pressure compensating devices; general descript ion of equipment;
manufacturer’s name and model number for all specif ied equipment;
recommended operating pressure per nozzle and bubbl er and low-flow
emitter; manufacturer’s recommended overhead and bu bbler irrigation
nozzle rating in gallons per minute or gallons per hour for low flow
point applicators; minimum (no less than seventy-fi ve (75) percent of
maximum spray radius) and maximum spray radius per nozzle; and
manufacturer’s rated precipitation rate per nozzle at specified per square
inch.
15 ORD. NO.06-12
(G) Prohibited and Controlled Species :
(1) Prohibited Plant Species : All prohibited plant species shall be eradicated from
the development site and reestablishment of prohibi ted species shall not be permitted. The following
plant species shall not be planted in the City of Delray Beac h:
(a) Melalecua quinquenervia (commonly known as Punk tree, paper bark,
Cajeput, Melaleuca); or
(b) Schinus terebinthifolius (commonly known as Bra zilian Pepper or
Florida Holly); or
(c) Casuarina Species (commonly known as Australian Pine ); or
(d) Acacia auriculiformis (commonly known as Earleaf Acac ia): or
(e) Cupianopsis anacardioides (commonly known as Carrotw ood); or
(f) Schefflera actinophylla (commonly known as Sche fflera or Umbrella
tree); or
(g) Bischofia javanica (commonly known as Bischoffia).
(2) Controlled Plant Species : Ficus species can be planted as individual trees
provided they are no closer than twelve (12) feet f rom any public improvement. Ficus species may be
planted within twelve (12) feet of any public impro vements only if they are maintained as a hedge
which is constantly cultivated and does not exceed six (6) feet in height if located within a setback area.
Height may be permitted to reach eight (8) feet whe n planted on a residential project and used to
separate the residential use from an arterial or collector r oad right-of-way.
Ficus hedges located on private property are allowe d to exceed the eight (8) foot maximum height limit
so long as the respective property owner shows docu mentation that these hedges were taller than eight
(8) feet on or before January 31, 2012.
(H) Minimum Landscape Requirements :
(1) New Single Family Detached Residences : For single family residences for
which a building permit has not been applied for pr ior to October 1, 1990, the following minimum
standards for landscaping shall apply:
16 ORD. NO.06-12
(a) One shade tree shall be planted for every two t housand five hundred
(2,500) square feet of lot area. Shade trees for single f amily residences
shall be a minimum of twelve (12) feet in height wi th a five (5) foot
spread may be a minimum of eight (8) feet in height with a three (3) foot
spread at the time of installation. Existing trees prese rved on the site,
with the same specifications as above , may be credited toward this tree
requirement.
(b) Shrubs shall be installed along the foundation of the side of the
residence that faces any street.
(c) Air-conditioning units whose height is five (5) feet or less shall be
screened with shrubbery or wood fencing that is tal l enough to fully
screen the units from view. Units higher than five (5) feet above grade
shall be screened with hedges that are half of the height of the item to
be screened. In such instances, the required hedge shall not be any less
than five (5) feet in height.
(d) All other lot areas not covered by driveways or str uctures shall be
planted with lawn grass, ground cover or other appr oved landscape
materials.
(e) The area between the property line and the edge of pavement of the
abutting right-of-way shall be sodded or landscaped with ground cover
acceptable to the City Engineering Department. Roc k or gravel is
expressly prohibited from being used in the right-o f-way, unless
approved by City Engineering.
(f) All refuse container storage areas visible from an adjacent street must be
screened with vision obscuring fencing or hedging. A vision obscuring
gate must be used in conjunction with hedging.
(g) All landscaped areas shall be provided with an irrigation system,
automatically operated, to provide complete coverag e of all plant
materials and grass to be maintained. The source o f water may be either
from City water or non-potable water. The use of r ecycled water is
encouraged.
(2) Duplex Residential Development :
17 ORD. NO.06-12
(a) One (1) tree shall be planted for every two thousan d (2,000) square feet
of lot area or fraction thereof. Existing trees pr eserved on the site may
be credited toward this tree requirement.
(b) In addition, in consideration of the fact that some duplex units have
back-out parking, and no direct screening can be ac hieved between the
parking and street area, hedging and a shade tree w ill be required to be
installed on both sides of the back-out parking area.
(c) A strip of land a minimum of five (5) feet in width shall be provided
around the foundation of the building where it face s the right-of-way
and along the side of the building that provides en try for the units and
shall be landscaped with shrubs and ground covers. All other lot areas
not covered by buildings or paving will be landscap ed with sod, shrubs
or ground covers.
(d) In addition the area between the property line and the edge of pavement
of the abutting right-of-way shall be provided with sod, irrigation and
maintenance.
(e) All air-conditioning units and other mechanical equipment and refuse
areas whose height is five (5) feet or less shall b e screened with
shrubbery that is tall enough to fully screen the u nits from view.
Equipment five (5) feet to sixteen (16) feet above grade shall be
screened with hedges that are half of the height of the item to be
screened. In such instances, the required hedge sh all not be any less
than five (5) feet in height. Anything higher than sixteen (16) feet shall
be screened with shrubbery that is a minimum of eight (8) feet in height.
(f) For duplexes that have a parking lot that does not require back-out
parking, the screening specified for new multi-fami ly units provided
below shall be required.
(3) New Multiple Family, Commercial, and Industrial Dev elopment : Multi-
family, commercial, industrial and all other uses are requi red to comply with the minimum requirements
for off-street parking. On the site of a building or open-lot use providing an off-street parking, st orage
or other vehicular use area, where such an area will not be screened visually by an intervening bui lding
or structure from an abutting right-of-way or dedic ated alley, there shall be provided landscaping as
follows:
Perimeter requirements adjacent to public and private rig hts-of-way:
18 ORD. NO.06-12
(a) A strip of land at least five (5) feet in depth loc ated between the off-
street parking area or other vehicular use area and the right-of-way shall
be landscaped, provided, however, that should the z oning code of the
Delray Code of Ordinances require additional perime ter depths, that the
provisions of the zoning code shall prevail. This landscape strip shall be
free of any vehicular encroachment, including car o verhang . The
landscaping shall consist of at least one tree for each thirty (30) linear
feet or fraction thereof. The trees shall be locat ed between the right-of-
way line and the off-street parking or vehicular us e area. Where the
depth of the perimeter landscape strip adjacent to the right-of-way
exceeds fifteen (15) feet, shade trees may be plant ed in clusters, but the
maximum spacing shall not exceed fifty (50) feet. The remainder of the
landscape area shall be landscaped with grass, grou nd cover, or other
landscape treatment excluding pavement.
Additionally, a hedge, wall or other durable landsc ape area shall be
placed along the interior perimeter of the landscap e strip. If a hedge is
used, it must be a minimum of two (2) feet in heigh t at the time of
planting and attain a minimum height of three (3) feet above t he finished
grade of the adjacent vehicular use or off-street p arking area within one
year of planting.
Multiple tier plantings are strongly encouraged for all properties,
regardless of the depth of the landscape buffer. Th ose properties that
have a landscape buffer depth of ten (10) feet or m ore shall be required
to provide an additional layer of groundcover. The groundcover shall be
located directly in front of the required hedge, so as to be visible from
the adjacent right-of-way. This groundcover shall b e installed at one-half
(1/2) of the height of the required perimeter hedge.
If a nonliving barrier is used, it shall be a minim um of three (3) feet
above the finished grade of the adjacent vehicular use. Nonliving
barriers shall require additional landscaping to so ften them and enhance
their appearance. For each ten (10) feet of nonliv ing barrier, a shrub or
vine shall be planted along the street side of the barrier, in addition to
tree requirements.
Earth berms may be used only when installed in conj unction with
sufficient plant materials to satisfy the screening requirements. The
slope of the berm shall not exceed a 3:1 ratio.
19 ORD. NO.06-12
Hedges for multi-family projects which are used to separate a residential
use from an adjacent arterial or collector road rig ht-of-way may attain a
height of eight (8) feet to mitigate the impact of the adjace nt roadway
Perimeter hedging installed to effect screening of storage areas must be a
minimum of seventy-five (75) percent of the height of the storage
structure four (4) feet in height at the time of installation and be
permitted to grow to a height to conceal the materi als being stored.
Perimeter shade trees are required to be planted ev ery thirty (30) feet
and are not permitted to be clustered.
(b) The unpaved portion of the right-of-way adjacen t to the property line
shall be landscaped with sod and provided with irri gation and
maintenance.
(c) The width of accessways which provide access to a site or vehicular use
areas may be subtracted from the linear dimensions used to determine
the number of trees required.
Perimeter landscaping requirements relating to abutting p roperties:
(d) A landscaped barrier shall be provided between the off-street parking
area or other vehicular use area and abutting prope rties. The landscape
barrier may be two (2) feet at the time of planting and achieve and be
maintained at not less than three (3) nor greater t han six (6) feet in
height to form a continuous screen between the off-street parking area
or vehicular use area and such abutting property. This landscape barrier
shall be located between the common lot line and th e off-street parking
area or other vehicular use area in a planting stri p of not less than five
(5) feet in width that is free of any vehicular encroa chment, including car
overhang. Duplexes may be permitted to reduce the perimeter planting
strip to two and one-half (2 1/2) feet in width in cases where lot
frontage is less than fifty-five (55) feet. In add ition, one (1) tree shall be
provided for every thirty (30) linear feet of such landscaped barrier or
fraction thereof.
(e) Where any commercial or industrial areas abut a residential zoning
district or properties in residential use, in addit ion to requirements
established for district boundary line separators i n the zoning code, one
(1) tree shall be planted every twenty-five (25) fe et to form a solid tree
line.
20 ORD. NO.06-12
(f) The provisions for perimeter landscape requirem ents relating to abutting
properties shall not be applicable where a proposed parking area or
other vehicular use area abuts an existing hedge or established tree line,
the existing hedge and trees may be used to satisfy the landscape
requirements provided the existing material meets a ll applicable
standards. The landscape strip, a minimum of five (5) feet in depth,
however, is still required, and must be landscaped with sod or ground
cover and be free of any vehicular encroachment, in cluding car
overhang. If the existing landscaping does not meet the sta ndards of
this article, additional landscaping shall be requi red as necessary to meet
the standards. In the event that the landscaping p rovided by the
adjacent property which has been used to satisfy th e landscaping
requirements for the property making application is ever removed, the
property heretofore using the existing vegetation t o satisfy landscaping
requirements, must then install landscaping as requ ired to comply with
the provisions of this code. Interior landscape re quirements for parking
and other vehicular use areas :
(g) The amount of interior landscaping within off-s treet parking areas shall
amount to no less than ten percent (10%) of the tot al area used for
parking and accessways.
(h) There shall be a group of palms or a shade tree for every one hundred
twenty-five (125) square feet of required interior landscaping. No more
than twenty-five percent (25%) of these required trees shal l be palms.
(i) Landscape islands which contain a minimum of sevent y -five (75) one
hundred thirty-five (135) square feet of plantable planting area, with a
minimum dimension of five (5) nine (9) feet , exclusive of the required
curb, shall be placed at intervals of no less than one landscaped island
for every ten (10) thirteen (13) standard parking spaces. One shade tree
or equivalent number of palm trees shall be planted in every interior
island with a minimum of seventy-five (75) square f eet of shrubs and
groundcovers . Tree specifications shall adhere to those listed in Section
4.6.16(E)(5) and 4.6.16(E)(6). Where approval for the use of compact
parking has been approved, islands may be placed at intervals of no less
than one (1) island for every fifteen (15) compact parking sp aces.
(1) The distance between parking islands can be increas ed up to
fifteen (15) standard or seventeen (17) compact par king spaces
but the width of the parking island must be increas ed by one (1)
foot for each additional space (i.e. if the distanc e between
21 ORD. NO.06-12
parking islands is fifteen (15) standard parking sp aces the
parking island would have to be eleven (11) feet wide).
i. Properties within the Central Business District (CBD)
shall adhere to the same landscape island width sta ted
above, unless documentation of site constraints pro vide
that such island width is not feasible. In such ca ses, the
City will accept landscape islands with a minimum w idth
of seven (7) feet, exclusive of curb, with one hund red an
five (105) square feet of planting area. Under no
circumstances shall any landscape island have a wid th
smaller than seven (7) feet, exclusive of curb. Tre e
specifications shall adhere to those listed in Sect ion
4.6.16(E)(5) and 4.6.16(E)(6). Minimum tree height shall
be increased to eighteen feet (18’) in overall heig ht with
an eight foot (8’) spread if the option to increase the
number of parking spaces between landscape islands is
chosen.
(2) Unobstructed cross-visibility shall be maintained a t all terminal
landscape islands where it intersects a right-of-wa y. Clear
visibility shall be maintained between three (3) fe et to six (6) feet
above ground. Proper plant selection shall be utili zed that fully
accounts for the mature height and spread of that p lant. The
proper design shall have low groundcovers within th e nose of
the island with small shrubs located at the back end of the isl and.
(j) Each row of parking spaces shall be terminated by l andscape islands
with dimensions as indicated above. An exception to this requirement is
when a landscaped area, with dimensions above, exists at the end of the
parking row.
(k) Whenever parking tiers abut, they shall be sepa rated by a minimum five
(5) foot wide landscape strip. This strip shall be in addition to the
parking stall and be free of any vehicular encroach ment, including car
overhang. In addition, a two foot (2’) hedge shall be installed within this
landscape strip and run the entire length of the st rip. Pedestrian
walkways are permitted to allow passage through the hedge. Non-
mountable curbs are not required for these landscap ing strips, providing
carstops are provided.
22 ORD. NO.06-12
(l) Perimeter landscape strips which are required t o be created by this code
or requirements of the zoning code shall not be cre dited to satisfy any
interior landscaping requirements, however, the gro ss area of perimeter
landscape strips which exceed minimum requirements may be credited
to satisfy the interior landscape requirements of this sect ion.
(m) Interior landscaping in both parking areas and othe r vehicular use areas
shall, insofar as possible, be used to delineate an d guide major traffic
movement within the parking area so as to prevent c ross-space driving
wherever possible. A portion of the landscaping for interior parking
spaces, not to exceed twenty-five percent (25%) of the total
requirement, may be relocated so as to emphasize co rridors or special
landscape areas within the general parking area or adjacent to buildings
located on the site, if helpful in achieving greate r overall aesthetic effect.
Such relocated landscaping shall be in addition to the perimeter
landscaping requirements.
(n) Existing native soil within all landscape islands, interior landscape strips
and perimeter landscape strips, adjacent to vehicul ar use areas, shall be
excavated down to a depth of thirty (30) inches bel ow existing grade,
except for a 12” buffer from the inside of curb or pavement (see
diagram below). A suitable planting soil mixture of fifty/fifty (50/50),
sixty/forty (60/40) (sand/topsoil) or as otherwise indicated by the
Registered Landscape Architect, shall either be bac kfilled in place of the
native soil or efficiently mixed with the native so il to create an optimum
environment for successful root development. If nat ive soil is to be
mixed, it shall first be screened to remove rocks a nd debris larger than
one-half (1/2) inch in diameter prior to mixing. Al l properties under this
section shall be required to have an open landscape bed inspection prior
to backfilling to insure the thirty (30) inch depth has been m et.
23 ORD. NO.06-12
(n) (o) All air-conditioning units and other mechanical eq uipment and refuse
areas whose height is five (5) feet or less shall b e screened with
shrubbery that is tall enough to fully screen the u nits from view.
Equipment five (5) feet to sixteen (16) feet above grade shall be
screened with hedges that are half of the height of the item to be
screened. In such instances, the required hedge sh all not be any less
than five (5) feet in height. Anything higher than sixteen (16) shall be
screened with shrubbery that is a minimum of eight (8) in heig ht.
(o) (p) Landscaping may be permitted in easements only wit h the written
permission of the easement holder. Written permiss ion shall be
submitted as part of the site plan or landscape plan review.
(4) Foundation Landscaping Requirements
(a) Foundation landscaping shall be required. This shall incorporate trees,
shrubs and groundcovers with the minimum required s pecifications as
set forth in 4.6.16(E). Multiple tiers of plant ma terial should be utilized
and thoughtfully designed to accomplish the goal of softening the
building mass while adding vibrant color and textures.
(b) New multi-story structures or landscape improve ments to existing multi-
structures shall adhere to the landscape requiremen ts set forth in this
section. The purpose of these requirements is to ae sthetically and
visually buffer larger structures and to maintain a n appropriately scaled
24 ORD. NO.06-12
relationship between the height of the structure an d its surrounding
landscape. Foundation trees with specifications lis ted in Table 1 shall be
planted along the building façade that faces a Righ t-of-Way. The
spacing of these trees shall be determined based on the average canopy
width of the proposed tree. These trees shall be s paced appropriately so
that the canopies shall be touching at average matu rity. Typical
Foundation trees and spacing requirements are liste d in Table 2. All
trees listed in Table 2 are examples. Other specie s may be used so long
as the spacing meets the intent of this section.
Table 1. Foundation Tree Specifications
Mean Structure
Height (feet)
Minimum Tree
Height (feet)
Minimum Tree
Spread (feet)
Minimum Overall
Palm Height (feet)
To 15 12 to 14 (code) 5 12 (code)
15 to 25 14 to 16 6 16
26 to 35 16 to 18 7 20
36 and greater 16 to 18 7 25
Table 2. Typical Foundation Trees and Spacing Requirements
Tree Species Typical Spacing
Quercus virginiana (Live Oak) 30'
Bursera simaruba (Gumbo Limbo) 30'
Swietenia mahagoni (Mahogany Tree) 30'
Cocos nucifera (Coconut Palm) 20'
Wodyetia bifurcata (Foxtail Palm) 20'
Veitchia montgomeriana (Montgomery Palm) 15'
Bismarckia nobilis (Bismarck Palm) 25'
Phoenix dactylifera (Date Palm) 25'
25 ORD. NO.06-12
(5) Special Landscape Regulations for Properties within the Central Business
District (CBD)
(a) Landscape Islands shall be installed within designa ted On-Street Parking
locations. Properties submitting for Site Plan Modi fications that are designated
as Class IV or higher are required to install on-st reet landscape islands. Site Plan
Modifications that are classified as Class III or l ower that are proposing on-
street landscape islands shall adhere to the requir ements outlined in this section.
All islands are to be curbed with Type ‘F’ curbing to protect plant material.
There are three types of landscape islands found wi thin designated on-street
parking sites. They are Intersection Islands, Drive way Islands and Parallel
Parking Islands.
1. Intersection Islands are required at the corners of intersecting streets. These
islands shall be a minimum of ten feet (10’) in len gth. One (1) palm tree and
associated understory plantings shall be located in each island and shall not
pose a hazard to site visibility. If applicable, ea ch palm shall be located
behind traffic signs. Species and size to be consis tent with those existing
within adjacent on-street parking islands.
2. Driveway Islands are required on each side of th e driveway apron leading
into the property. These islands shall be a minimum of eight feet (8’) in
length. One (1) accent tree or palm and associated understory plantings shall
be located in each island and shall not pose a haza rd to site visibility. Species
and size to be consistent with those existing withi n adjacent on-street
parking islands.
3. Parallel Parking Islands shall be used to break up large expanses of
pavement utilizing shade-producing canopy trees and associated understory
plantings. No more than six (6) parallel parking sp aces are allowed between
the nearest parallel parking island and the subject property submitting for a
Site Plan Modification. Spaces will be counted from the nearest street
intersection. Each island shall be a minimum of twe nty-two feet (22’) in
length and contain at least one (1) canopy tree and associated understory
plantings. Species and size to be consistent with t hose existing within
adjacent on-street parking islands.
Properties abutting Atlantic Avenue are exempt from the requirement of
constructing on-street landscape islands. The maint enance and irrigating of
islands shall be the sole responsibility of the pro perty owner who is located
adjacent to these islands. Construction of landscap e islands shall not create
traffic safety hazards. The utilization of root bar riers will be required in
instances where underground utilities are present. All compacted soil, rock
and other debris shall be removed to a depth of thi rty inches (30”) below
26 ORD. NO.06-12
top of curb and replaced with a sixty-forty (60/40) mixture of sand to
topsoil.
Existing site conditions will be examined during th e plan review process.
Flexibility for location and size of islands will b e considered in achieving the
overall goal of creating a consistent and unified streetsc ape.
(6) Street Trees for New Residential Developments
A themed landscape is very important for creating u nity and common character within residential
developments. Street trees are an integral componen t of creating a themed landscape and shall be
required as per this section. All trees shall be in accordance with Section 4.6.16(E)(5). Tree selecti on
shall be approved by City Staff. One (1) street tre e shall be required for every forty (40) linear fee t of
street frontage with a minimum of one (1) tree per property. Street trees shall be located between the
inside edge of sidewalk and edge of road pavement. Typical spacing for some commonly used street
trees are listed in the below chart.
27 ORD. NO.06-12
Tree Species Typical Spacing (feet)
Quercus virginiana (Live Oak) 40'
Bursera simaruba (Gumbo Limbo) 35'
Swietenia mahagoni (Mahogany Tree) 40'
Peltophorum sp. (Yellow Poinciana) 40'
(4) (7) Existing Multiple Family, Duplex, Commercial, and Ind ustrial
Development : All existing multi-family units, duplexes, and c ommercial and industrial uses shall
comply with the minimum standards for landscaping as follows:
(a) Provide for perimeter landscaping adjacent to publi c rights-of-way to
screen vehicular parking, open-lot sales, service a nd storage areas to the
extent physically possible and deemed feasible by t he Landscape
Compliance Review Committee. Elimination of parkin g spaces required
by code will not be permitted to upgrade landscapin g, however, the
deletion of parking spaces in excess of code requir ements will be
required if they are in areas that will facilitate the required
implementation of the minimum landscape requirement s for existing
development contained herein.
(b) Provide sod and irrigation within the right-of-way between the property
line and the edge of pavement of the adjacent trave l lane. The removal
of existing asphalt may be required within the area between the property
line and the edge of pavement of the adjacent travel lane.
(c) Provide screening for all dumpsters and refuse areas and all ground level
air-conditioning units and mechanical equipment. A dequacy of
screening shall be determined by the Landscape Comp liance Review
Committee.
(d) Foundation landscaping shall be provided for bu ilding elevations that
are visible from adjacent rights-of-way.
(5) (8) Sight Distance : Sight distance for landscaping adjacent to right s-of-way and
points of access shall be provided pursuant to Section 4.6.1 4.
(I) Minimum Maintenance Requirements :
(1) General : The owner or his agent shall be responsible for the maintenance of all
landscaping required by ordinance or made a conditi on for approval for a building permit.
28 ORD. NO.06-12
Landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly
appearance at least equal to that which was require d for the original installation, and shall be kept free
from refuse and debris. Maintenance is to include mowing, edging, weeding, shrub pruning,
fertilization and inspection and repair of irrigation syst ems to ensure their proper functioning.
(2) Yard Waste Management, Composting and Use of Mulches:
(a) Yard wastes shall not be disposed of or stored by s horelines, in ditches
or swales, or near storm drains.
(b) Composting of yard wastes provides many benefits an d is strongly
encouraged. The resulting materials are excellent s oil amendments and
conditioners. Other recycled solid wastes products are also available and
should be used when appropriate.
(c) Grass clippings are a natural benefit to lawns, rep lenishing nutrients
drawn up from the soil and as an organic mulch that helps to retain
moisture, lessening the need to irrigate. Grass cli ppings should be left on
your lawn. All discharged clippings are to be kept fa r away from adjacent
shorelines.
(d) Mulches applied and maintained at appropriate depth s in planting beds
assist soils in retaining moisture, reducing weed g rowth, and preventing
erosion. Mulch, applied at a layer of two (2) inche s thick, shall be
specified on landscape plans. Mulches shall be kept six (6) inches away
from trunk. Mulch from invasive trees such as Melaleuca and Eucalyptus
are highly recommended as a suitable mulching resource.
(3) Fertilizer Management:
(a) Spreader deflector shields are required when fertil izing via rotary
spreaders. Deflectors must be positioned such that fertilizer granules are
deflected away from all impervious surfaces, fertil izer-free zones and
water bodies, including wetlands.
(b) Fertilizers shall not be applied, spilled or otherw ise deposited on any
impervious surfaces. Any fertilizers that are spill ed, whether intentionally
or accidentally, shall be immediately and completely rem oved.
(c) In no case shall fertilizer be washed, swept or blo wn off impervious
surfaces into stormwater drains, ditches conveyances or wa ter bodies.
29 ORD. NO.06-12
(4) Pesticide Management
(a) All landscape applications of pesticides, including Weed and Feed
products, should be made in accordance with State a nd Federal Law and
with the most current version of the Florida-friend ly Best Management
Practices for Protection of Water Resources by the Green In dustries.
(b) Property owners and landscape management companies performing
pesticide control within the City are strongly enco uraged to use
Integrated Pest Control (IPC). Biological control i s a natural and
effective means of eradicating unwanted pests withi n a landscape. It has
relatively little impact on the environment and pre vents the unnecessary
use of chemicals.
(c) When using pesticides, all label instructions are s tate and federal law and
must be adhered to.
(2) (5) Pruning of Trees : Maintenance pruning of trees is to allow for uni form
healthy growth. Trees shall be allowed to attain t heir normal size, and at a minimum attain a twenty
(20) foot spread of canopy, prior to any pruning ex cept in conjunction with the removal of diseased
limbs, or to remove limbs or foliage that present a hazard to power lines or structures. Lower branch es
and suckers must be selectively removed to provide a minimum of six (6) feet of clear trunk. Severely
cutting back lateral branches and canopy, or "hatra cking" is expressly prohibited. Trees may be
periodically thinned in order to reduce the leaf ma ss in preparation for tropical storms. All pruning
shall be accomplished in accordance with the Nation al Arborist's Standards. A tree's habit of growth
must be considered before planting to prevent confl icts with view or signage and such a conflict shall
not of itself necessarily permit the pruning or removal of a t ree.
Section 3. That should any section or provision of this ordi nance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci sion shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declare d to be
invalid.
Section 4. That all ordinances or parts of ordinances in con flict herewith be, and the same are
hereby repealed.
Section 5 . That this ordinance shall become effective immed iately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second an d final reading on this the _____ day of
___________________, 2012.
30 ORD. NO.06-12
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:PETER ANUAR, SENIOR LANDSCAPE PLANNER
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:February 1, 2012
SUBJECT:AGENDA ITEM 12.B. - MEETING OF FEBRUARY 7, 2012
ORDINANCE NO. 06 -12
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the La nd Development Regulations (LDRs) to modify the
requirements of the landscape code.
BACKGROUND
The purpose of the proposed amendment is to revise the current landscape code to enhance the beaut y
of the City using creative landscape design principles, create the foundation for a successful s ustainable
urban landscape, incorporate Florida-Friendly and Best Management Practice principles, and to adopt
requirements set forth by the South Florida Water Management District (SFWMD) relating to the
renewal of the City’s water use permit. The proposed ordinance was considered by the Planni ng and
Zoning Board on November 21, 2011. After significant discussion the Board tabled the ordinance on a 7
- 0 vote. The Board directed staff to further upgrade the regulations within the landscape code
particularly in the downtown core area. The ordina nce was revised to reflect the Board’s direction by
increasing the size of trees in the CBD, requiring understory plants in every landscape island, hedg es in
landscape strips between parking tiers, and on-street landscape islands in locations where on-street
parking exists. The ordinance was before the Planning and Zoning Board on January 23, 2012 at which
time they recommended approval on a 6-1 vote (Al Jacquet dissenting).
REVIEW BY OTHERS
The Site Plan Review and Appearance Board (SPRAB) on October 12, 2011 recommended approval o f
the proposed amendment.
The Community Redevelopment Agency (CRA) on October 13, 2011 recommended approval of the
proposed text amendment. The Board and the CRA Assistant Director had some concerns. These
included concerns with regulations dealing with the following:
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-Expansion of landscape islands from five (5) feet to nine (9) feet within the limits of the Central
Business District; Removal of compacted rock within the landscape islands and its effect on the
integrity of the curbing and asphalt;
-Requirement for upgrading tree height commensurate with building height; Cap on the percentage o f
required trees that will be allowed in the form of palm trees;
-Requirement for the installation of street trees within residential developments.
The landscape code was revised to reflect those CRA suggestions that were not in conflict with the
direction given by the Planning and Zoning Board.
Pineapple Grove Main Street (PGMS) on November 2, 2011 recommended approval of the proposed
amendment.
The Downtown Development Authority (DDA) on November 15, 2011 recommended approval of the
proposed amendment. The Board chose to adopt the same concerns as the CRA. One additional
suggestion was to increase the maximum maintained he ight of hedges for residential properties.
The West Atlantic Redevelopment Coalition (WARC) on November 15, 2011 recommended approval
of the proposed amendment. The only suggestion made was to add a provision to review the landscape
code every five years for updating purposes.
RECOMMENDATION
By motion, approve Ordinance No. 06-12 on first reading for a city-initiated amendment to the Land
Development Regulations Section 4.6.16 “Landscape Regulations”, b y adopting the findings of fact and
law contained in the staff report and finding that th e amendment is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
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PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: JANUARY 23, 2012
AGENDA NO: IV. C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AME NDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR) SECTION 4.6.16, “LANDS CAPE
REGULATIONS”
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
City-initiated amendment to Land Development Regula tions (LDRs) to modify the requirements
of the landscape code.
Pursuant to Section 1.1.6, an amendment to the text o f the Land Development Regulations may
not be made until a recommendation is obtained from t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
The purpose of the proposed amendment is to revise the current landscape code to enhance
the beauty of the City using creative landscape design principles, create the foundation for a
successful sustainable urban landscape, incorporate Florida-Friendly and Best Management
Practice principles, and to adopt requirements set forth by the South Florida Water Management
District (SFWMD) relating to the renewal of the City’s water use permit.
The proposed ordinance was considered by the Board on Nov ember 21, 2011. After significant
discussion the Board tabled the ordinance on a 7 - 0 vot e. The Board directed staff to be more
creative in an effort to further upgrade the regulat ions within the landscape code particularly in
the downtown core area.
The Board meeting recommended the following:
• Increase the size specifications for plant material, especi ally within the Central Business
District (CBD);
• Push the landscape envelope out into the street with th e use of on-street landscape islands
(specifically addressing properties located within CBD);
• Add additional requirements for plant material loca ted within parking lots.
In response to these recommendations the following modi fications are proposed:
• Revision to the required tree height specifications wi thin CBD from 12’ to 16’ in overall
height. Adds requirement of increasing size further, to 18’, if option to increase the number
of parking spaces between islands is chosen;
• Adds language to require understory plants in every landscape island;
Planning and Zoning Board Meeting, January 23, 2012
LDR Amendment – Landscape Regulations
2
• Adds language to require a 2’ hedge in landscape strip s between parking tiers;
• Adds language to require on-street landscape islands i n locations where on-street parking
exists.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals , Objectives and Policies of the
Comprehensive Plan. The following were relevant to t his amendment:
Open Space and Recreation Element
Goal Area “B”
An open space creation, retention and enhancement s ystem consisting of, but not
limited to, links and loops throughout the City, sh all be pursued in order to enrich the
quality of life in Delray Beach as well as enhancin g property value, the community
aesthetic and environmental sustainability.
Objective B-1
The retention and creation of visual open space areas is vital to meeting the overall goals of the
Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The
maintenance of vistas, enhancement of the streetscapes, an d additional open space are
objectives which shall be accomplished through the followi ng:
Policy B-1.2 The City shall continue its on-going street beautificati on efforts, including
programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects,
and an emphasis on providing sufficient funds to maintai n existing landscaping at a high level.
Policy B-1.3 New developments shall provide central focal points at e ntries and landscape
buffers along the external (arterial, collector) street s which service them. Back-lotting of
individual homes along such streets should be allowed on ly when special landscape buffers are
provided between the rear yard walls or fences and the right-of-way.
This amendment is supported by Objective B-1, policies B -1.2 and B-1.3 relating to the element
of Open Space and Recreation. New developments will be providing central focal points at
entries and landscape buffers through the proposed foun dation landscape principles and
multiple-tier landscaping along rights-of-way. The enh ancement of streetscapes as described
under this objective will be satisfied through the p rinciples of sustainable landscaping by
creating a larger urban canopy on both public and priv ate properties through the requirements
set forth in this section.
Planning and Zoning Board Meeting, January 23, 2012
LDR Amendment – Landscape Regulations
3
REVIEW BY OTHERS
The following advisory boards reviewed the proposed am endment and made the following
recommendations to the City Commission:
The Site Plan Review and Appearance Board (SPRAB) on October 12, 2011 recommended
approval of the proposed text amendment.
The Community Redevelopment Agency (CRA) on October 13, 2011 recommended approval
of the proposed text amendment. The Board and the CR A Assistant Director had some
concerns. These included the proposed:
• Landscape island expansion from five (5) feet to nine (9) feet within the limits of the
Central Business District;
• Removal of compacted rock within the landscape islands an d its effect on the integrity of
the curbing and asphalt;
• Requirement for upgrading tree height as it relates to structure height for all required
trees;
• Cap on the percentage of required trees that will b e allowed in the form of palm trees;
• Requirement for the installation of street trees wi thin residential developments.
The landscape code has been modified to address these com ments.
Pineapple Grove Main Street (PGMS) on November 2, 2011 recommended approval of the
proposed text amendment.
The Downtown Development Authority (DDA) on November 15, 2011 recommended
approval of the proposed text amendment. The Board ch ose to adopt the same concerns as the
CRA. One additional suggestion was to increase the maxi mum maintained height of hedges for
residential properties.
The West Atlantic Redevelopment Coalition (WARC) on November 15, 2011 recommended
approval of the proposed text amendment. The only sug gestion made was to add a provision to
review the landscape code every five years for updating purposes.
Courtesy Notices
Courtesy notices were not provided.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations Section 4.6.16 “Landscape Regulations”, to modify the
requirements of the landscape code , by adopting the findings of fact and law contained in
Planning and Zoning Board Meeting, January 23, 2012
LDR Amendment – Landscape Regulations
4
the staff report, and finding that the text amendmen t and approval thereof is consistent with
the Comprehensive Plan and meets the criteria set fo rth in LDR Section 2.4.5(M).
C. Move a recommendation of denial to the City Commi ssion of the amendment to Land
Development Regulations Section 4.6.16, “Landscape Regulations”, to modify the
requirements of the landscape code, by adopting the fin dings of fact and law contained in
the staff report, and finding that the text amendmen t and approval thereof is not consistent
with the Comprehensive Plan and does not meet the cri teria set forth in LDR Section
2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Developm ent Regulations Section 4.6.16,
“Landscape Regulations”, to modify the requirements o f the landscape code , by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is consistent with the Comprehensive P lan and meets the criteria set forth in
LDR Section 2.4.5(M).
Attachment:
Proposed Ordinance
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: NOVEMBER 21, 2011
AGENDA NO: IV.D.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AME NDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR) SECTION 4.6.16, “LANDS CAPE
REGULATIONS”
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
City-initiated amendment to Land Development Regula tions (LDRs) to modify the requirements
of the landscape code.
Pursuant to Section 1.1.6, an amendment to the text o f the Land Development Regulations may
not be made until a recommendation is obtained from t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
The purpose of the proposed amendment is to revise the current landscape code to enhance
the beauty of the City using creative landscape design principles, create the foundation for a
successful sustainable urban landscape, incorporate Florida-Friendly and Best Management
Practice principles, and to adopt requirements set forth by the South Florida Water Management
District (SFWMD) relating to the renewal of the City’s water use permit.
Following are highlights of the proposed ordinance:
Clarifies submittal requirements and inclusion of part icular items associated with landscape
plan preparation. The following items have always b een requested during submittal but will
now be codified in the landscape regulations: submission o f landscape permit, existing tree
survey (if applicable), landscape calculations, cost estimat e for improvements over $1,000,
minimum of FL#1 plant material, sight visibility tria ngles, details the RLA requirements, and
requires landscape completion prior to C/O;
Adds language pertaining to Florida-Friendly landscap e principles;
Revises tree minimum height requirements to 12’ in ov erall height for all properties with no
exceptions;
Adds language to reduce conflict between tree canopy and vehicular traffic along rights-of-
way by imposing a minimum branch clearance height for t hose trees adjacent to a public
travel lane;
Revises language to allow flexibility to install more palm trees on site;
Revises language pertaining to the screening of above -ground equipment. The required
height at time of installation of hedges shall now dep end on height of equipment to be
screened;
Adds language that references irrigation regulations a nd proper irrigation system design
standards that have been adopted by SFWMD;
Planning and Zoning Board Meeting, November 21, 201 1
LDR Amendment – Landscape Regulations
2
Revises language pertaining to prohibited species that will now be consistent with the list
that is found in the City’s tree ordinance;
Adds language pertaining to the required height of Ficus hedges;
Adds language that will require multiple-tier plant ings for new commercial, multi-family and
industrial properties;
Revises language pertaining to landscape island width a nd the amount of parking spaces
between required landscape islands;
Adds language pertaining to the selection of plant ma terial within terminal landscape islands
that abut an intersection within a parking lot;
Adds language to remove compacted rock within landscape islands in exchange for the
installation of loose, nutrient-rich planting soil that will reduce the likelihood of tree blow-
overs;
Adds language to relate the height and amount of fo undation trees to the height and length
of the adjacent structure;
Adds language to require the installation of street trees within residential developments; and
Adds language to discourage poor horticultural practices relating to yard waste, fertilizer and
pesticide management.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals , Objectives and Policies of the
Comprehensive Plan. The following were relevant to t his amendment:
Open Space and Recreation Element
Goal Area “B”
An open space creation, retention and enhancement s ystem consisting of, but not
limited to, links and loops throughout the City, sh all be pursued in order to enrich the
quality of life in Delray Beach as well as enhancin g property value, the community
aesthetic and environmental sustainability.
Objective B-1
The retention and creation of visual open space areas is vital to meeting the overall goals of the
Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The
maintenance of vistas, enhancement of the streetscapes, an d additional open space are
objectives which shall be accomplished through the followi ng:
Policy B-1.2 The City shall continue its on-going street beautificati on efforts, including
programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects,
and an emphasis on providing sufficient funds to maintai n existing landscaping at a high level.
Policy B-1.3 New developments shall provide central focal points at e ntries and landscape
buffers along the external (arterial, collector) street s which service them. Back-lotting of
Planning and Zoning Board Meeting, November 21, 201 1
LDR Amendment – Landscape Regulations
3
individual homes along such streets should be allowed on ly when special landscape buffers are
provided between the rear yard walls or fences and the right-of-way.
This amendment is supported by Objective B-1, policies B -1.2 and B-1.3 relating to the element
of Open Space and Recreation. New developments will be providing central focal points at
entries and landscape buffers through the proposed foun dation landscape principles and
multiple-tier landscaping along rights-of-way. The enh ancement of streetscapes as described
under this objective will be satisfied through the p rinciples of sustainable landscaping by
creating a larger urban canopy on both public and priv ate properties through the requirements
set forth in this section.
REVIEW BY OTHERS
The following advisory boards reviewed the proposed am endment and made the following
recommendations to the City Commission:
The Site Plan Review and Appearance Board (SPRAB) on October 12, 2011 recommended
approval of the proposed text amendment.
The Community Redevelopment Agency (CRA) on October 13, 2011 recommended approval
of the proposed text amendment. The Board and the CR A Assistant Director had some
concerns. These included the proposed:
Landscape island expansion from five (5) feet to nine (9) feet within the limits of the
Central Business District
Removal of compacted rock within the landscape islands an d its effect on the integrity of
the curbing and asphalt
Requirement for upgrading tree height as it relates to structure height for all required
trees
Cap on the percentage of required trees that will b e allowed in the form of palm trees
Requirement for the installation of street trees wi thin residential developments
The landscape code has been modified based on these comme nts.
The Pineapple Grove Main Street on November 2, 2011 recommended approval of the
proposed text amendment.
The Downtown Development Authority (DDA) on November 15, 2011 recommended
approval of the proposed text amendment. The Board ch ose to adopt the same concerns as the
CRA. One additional suggestion was to increase the maxi mum maintained height of hedges for
residential properties.
The West Atlantic Redevelopment Coalition (WARC) on November 15, 2011 recommended
approval of the proposed text amendment. The only sug gestion made was to add a provision to
review the landscape code every five years for updating purposes.
Courtesy Notices
Courtesy notices were not provided.
Planning and Zoning Board Meeting, November 21, 201 1
LDR Amendment – Landscape Regulations
4
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations Section 4.6.16 “Landscape Regulations”, to modify the
requirements of the landscape code , by adopting the findings of fact and law contained in
the staff report, and finding that the text amendmen t and approval thereof is consistent with
the Comprehensive Plan and meets the criteria set fo rth in LDR Section 2.4.5(M).
C. Move a recommendation of denial to the City Commi ssion of the amendment to Land
Development Regulations Section 4.6.16, “Landscape Regulations”, to modify the
requirements of the landscape code, by adopting the fin dings of fact and law contained in
the staff report, and finding that the text amendmen t and approval thereof is not consistent
with the Comprehensive Plan and does not meet the cri teria set forth in LDR Section
2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Developm ent Regulations Section 4.6.16,
“Landscape Regulations”, to modify the requirements o f the landscape code , by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is consistent with the Comprehensive P lan and meets the criteria set forth in
LDR Section 2.4.5(M).
Attachment:
Proposed ordinance