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Ord 50-98 , I ------ ---- --------- - --------- ------------------ ¡I !: ORDINANCE NO. 50-98 !I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i: DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16, II "LANDSCAPE REGULATIONS", SUBSECTION 4.6.16 (A) , Ii "PURPOSE", OF THE LAND DEVELOPMENT REGULATIONS OF Ii THE CITY OF DELRAY BEACH, TO PROVIDE FOR PROPER Ii TREE SELECTION ADJACENT TO OR WITHIN UTILITY !J EASEMENTS; AMENDING SUBSECTION 4.6.16 (D) , "SITE !: DESIGN REQUIREMENTS" , BY ENACTING SUBPARAGRAPH ¡: 4.6.16 (D) (4), "TREE SELECTION ADJACENT TO OR WITHIN f UTILITY EASEMENTS", TO PROVIDE FOR RESTRICTIONS ON ! TREES PLANTED ADJACENT TO OR WITHIN UTILITY EASEMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on November 16, 1998, and voted unanimously to recommend that it be approved; and I: I WHEREAS, pursuant to Florida Statute 163.3174 (4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations" , Article 4.6, "Supplemental District Regulations", Section 4.6.16, " "Landscape Regulations", Subsection 4.6.16 (A), "Purpose", of the Land , Development Regulations of the City of Delray Beach, Florida, be, and : the same is hereby amended to read as follows: ì :: Section 4.6.16 Landscape Regulations !; (A) Purpose: The objective of this article is to improve ì; the appearance of setback and yard areas in conjunction with the Ii development of commercial, industrial, and residential properties, !; including off-street vehicular parking and open-lot sales and service Ii areas in the Ci ty , and to protect and preserve the appearance, I: character and value of the surrounding neighborhoods and thereby Ii promote the general welfare by providing minimum standards for the ;; installation and maintenance of landscaping. Ii !i This section also provides minimum standards for I: nonconforming sites and requires the upgrading of the landscaping on II., these properties, to the extent physically possible, within three (3) ! years. Ii JI I: . t --.--- - ~- Ii I !' This section is further intended to fulfill objectives as I contained within the Conservation Element of the Comprehensive Plan ¡ by providing for: the conservation of potable and non-potable water; I " ! the implementation of xeriscape landscaping principles; DrODer tree selection adiacent to or within utilities to mitiqate damaqes which I: may be caused bv trees: maintaining permeable land areas essential to i; surface water management and aquifer recharge; encouraging the I, preservation of existing plant communities; encouraging the planting of site specific, native and drought tolerant plant materials; " establishing guidelines for the installation and maintenance of " I landscape materials and irrigation systems; reducing air, noise, heat and chemical pollution through the biological filtering capacities of trees; reducing the temperature of the microclimate through the process of evapotranspiration; and promoting energy conservation I through the creation of shade. The provisions of this section are minimum standards which may be increased in accordance with the guidelines contained herein as well as aesthetic criteria established by the Site Plan Review and Appearance Board and the Historic Preservation Board when applicable. Additional landscape requirements may be required for certain zoning districts and roadways as provided for elsewhere in these regulations. Section 2. That Chapter Four, "Zoning Regulationsn, Article 4.6, nSupplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(D), "Site Design Requirements" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Site Design Requirements: The followiI1g site design standards, concepts and practices shall be adhered to in the preparation of landscape plans. I (1) Concepts for Water Conservation: (No Changes) I (2 ) Preservation and Promotion of Existing Plant Communities: (No Changes) (3 ) Site Specific Planting Materials: Trees and other vegetation used in the landscape design should be appropriate to the conditions in which they are planted, to the greatest extent, they shall be: (a) Salt tolerant relative to the area in which they are planted; - 2 - Ord. No. 50-98 I . . ___ ______ ____·_·____________u_____ ___.__._.~_____ - -, - -- -- --.. - ---.. - ..-. ------ _.. --. -- -- - - ---- II !i (b) Able to withstand reduced water conditions if planted in sandy soils; (c) Able to withstand wet conditions when planted around retention/detention ponds or in swales~' t¢y//~~ý¢/~¢~/t~ý~¢tý¢/~t¢¢t~/~~~tt¢¡ ill Tree Selection Adiacent to or Within Utili tv Easements: Required perimeter landscape buffers often coincide with utility easements. Careful selection of tree species is essential to minimize conflicts as trees mature. Trees planted subseauent to the effective date of this ordinance shall meet the followinq criteria: .ill. The ultimate mature heiqht and width of a tree to be planted should not exceed the available overhead qrowinq space. Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Liqht Company'S "Plant The Riqht Tree In The Riqht Place" (copies available from the Community Improvement Department) . which provides I recommendations for tree selections. I JQl. Trees shall not be planted within ten (10) feet of any underqround utilities. .1.çl Trees shall have non-invasive qrowth habits I I which will not interfere with ad;acent I above/underqround utilities. Section 3. That all ordinances or part s of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section S. That this ordinance shall become effective immediately upon its passage on second and final reading. I I , I' - 3 Ord. " - No. 50-98 i , i' . I . . __. - - u..____ - ,- - ._- - --- ~- .. -- PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of January , 1999. , ATTEST: OJÙJ/lYl Y1M~~ 1h'tÍ¥- City CI rk First Reading December 1, 1998 Second Reading January 5, 1999 - 4 - Ord. No. 50-98 '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI TY MANAGER fJlv1 SUBJECT: AGENDA ITEM #JOß - REGULAR MEETING OF JANUARY S. 1999 ORDINANCE NO. 50-98 (TREE SELECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS) DATE: DECEMBER 3 1, 1998 This is second reading and a public hearing for Ordinance No, 50-98 which amends LDR Section 4.6.16, "Landscape Regulations", to address guidelines established by Florida Power & Light to heighten awareness of the importance of proper tree selection when planting in or near utility easements. FP&L has produced a circular ("Plant the Right Tree in the Right Place" , copy attached) which gives recommendations for small, medium and large trees, as well as small and large palms, indicating the distance from which they can be planted to power lines. These recommendations would be adopted by reference to the circular, Additional background and analysis is found in the attached Planning and Zoning Board staff report, The Planning and Zoning held a public hearing on the proposed amendment at its meeting of November 16, 1998. There was no public testimony. The Board voted unanimously to recommend that LDR Section 4.6.16 (A) , "Landscape Regulations - Purpose" , be amended to provide for proper tree selection adjacent to utilities to mitigate damages by trees, and Section 4.6.16(D), "Site Design Requirements" I by adding subsection (4) , "Tree Selection Adjacent to or Within Utility Easements" , which defines restrictions on trees planted within utility easements, At first reading on December 1, 1998, the City Commission passed the ordinance by unanimous vote. Since then, a minor wording change has been made to the proposed new subsection 4.6.16(D) (4) to clarify that the ordinance will be applicable to trees planted subsequent to the effective date (see page 3 of the ordinance) . Recommend approval of Ordinance No. 50-98 on second and final reading, based on the findings and recommendation of the Planning and Zoning Board. r~ 5,0 ref:agmemo13 . I ~:'::I::::::'::::::::::::'::::,:::,:::,::::::\:::\::,:\i:::i:::::::::R.ÑIJ.N~::iÎÑI::IQNJ.N~:,~IßP\::lgMºBNIIM:::ITÎfli::Sf;PQBJ?U:::",:,,:,:'::=:'!'q,:'1 MEETING DATE: NOVEMBER 16, 1998 AGENDA ITEM: VI. E. - AMENDMENT TO LDR SECTION 4.6.16 (A) & (D) (LANDSCAPE REGULATIONS), TO ADDRESS GUIDELINES ESTABLISHED BY FLORIDA POWER & LIGHT (RIGHT -TREE-RIGHT -PLACE GUIDELINES). The item before the Board is that of making a recommendation to the City Commission regarding amendments to the Land Development Regulations Section 4.6.16 Landscape Regulations, (A) Purpose , to provide for proper tree selection adjacent to utilities to mitigate damages which may be caused by trees, and (D) Site Design Requirements , adding subsection (4) Tree Selection Adjacent to Utility Easements, which defines restrictions on trees placed in utility easements. Pursuant to LDR Section 1.1,6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Florida Power and Light Company (FPL) is encouraging cities to adopt their Right- Tree-Right-Place guidelines to heighten awareness of the importance of proper tree selection when planting in utility easements. Utility infrastructure is often jeopardized by the incorrect placement or selection of certain tree species. "Right-Tree-Right-Place" supports the City's objective of creating tree-lined streetscapes without compromising utility services. The cities of Boynton Beach, Boca Raton, Pompano and Lauderhill have adopted the Right-Tree-Right- Place guidelines through revisions to their landscape codes. FPL has requested the City of Delray Beach to adopt code amendments to strengthen language contained in the landscape code regarding planting restrictions in utility easements. I::'=::::=:':::=:::=:::'::::::::':,::::::::::I::::,:::::::¡:::::':::::::¡::"=:'::=::=:':::",=:=:':::,::,::=:=:=:::::::;¡:::,:':::gpg::!t:fFlltll§NPlgtiæ::ì;Nlgm,,ª:::::::::::::':=:::'::::::::;::::::::::::::::=:::::::::,::::,:==:'L:::=:::::,=::"":=:;=:::,:f LDR SECTION 2.4.5(M)(5)(Findings): In addition to provisions of Section 1.1.6 (A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed amendment will add to the site design requirements [Section 4.6.16 (D)], which would place restrictions on trees allowed within utility easements. The mature height and width of a tree should not exceed the available overhead growing space. FPL has produced a circular, "Plant the Right Tree in the Right Place" (copy attached), which gives recommendations for small, medium and large trees, as well as small and large palms, indicating the distance from which they can be planted to powerlines, FPL's recommendations would be adopted by reference to the circular. , P&Z Board Memorandum Staff Report LOR Text Amendment - Landscape Regulations -' Right-Tree-Right-Place' . Page 2 Trees would also be restricted within ten feet of any ùnderground utilities. This would pertain to all utilities, not just FPL. Tree selection would be further restricted to trees with non-invasive growth habits, Some trees, due to their fast growth rate and intrusive root systems have the potential to interfere with and disrupt utility services, and should not be planted at all. I . .. . ' '" . I :.::::::,::::::::::::::::::::1;·:\:·:\::::::::::\::\::::::::\:::::::::::::::\:\j:::\:\:\.\:\:::\::\:::¡:::.::::::¡.::::::::::::\::\::\¡:;::::'::::::::::::::\::\:\:\:::I§I§§II§u.m\\INI:\:qIÑ~JEY§~QN.::\::::::\:::::::\::::::::::::\:\:\\::\::\::\\\\:::::::::::::::\:::t:::\':\::::\\:::::::::::::::::::::\::::::\:::\:·:::I::¡:'·,\\·::::::::::::\:::::::::I':·:::. The proposed text amendment will strengthen the current language in the LOR's as it relates to trees permitted to be planted within utility easements, in an effort to minimize damage to utilities as a result of improper tree selections. t:::::,:\:·::::::::::::::::::\:;::::·:'\::\::::::¡:::::::::::::::::::::::::::::::::::::::\:':::::::::':::::::::::,:\::::::::::::::I::::::::,::;::::::::::::::\':::::::::::::::::::':::\:::\::::I§§III§S.I§g\::llíi~ÎI:::\::::::::\::::::::::::::::::::\:::::\::\::::::\:::::::\\:::::\::::í:::::::::::::::::::¡::::::::::::::¡::¡;::::::::::::::::::::::::::::::::::::::::::::.::\\:::::::::::::,::':::::::::::::,::t By motion, recommend to the City Commission that LOR Section 4.6.16 Landscape Regulations. (A) Purpose, be amended to provide for proper tree selection adjacent to utilities to mitigate damages caused by trees, and (D) Site Design Requirements, adding subsection (4) Tree Selection Adiacent to Utility Easements, which defines restrictions on trees placed within utility easements. Attachment: Proposed Ordinance "Right- Tree-Right-Place" circular . . - ~~Plant the RIGHT TREE . the In -RIGHT PLACE·· I=F'L South Florida ~ s - Plan Before You Plant Choose suitable trees and palms for planting around your home9 near powerlines9 for courtyards9 patios9 lawns and streetscapes. PROPER TREE SELECTION Often. we take our utility service for granted because it has become a part of our daily lives. To enjoy the convenience of reli- able electrical service. distribution systems are required to bring electricity to our homes. The location of these utility lines should playa major role in your tree and planting site selection. The ultimate. mature height and width of a tree to be planted should not exceed the available over- head growing space. It's important to plant the right tree in the right place. Proper tree selection will help to ensure trouble-free electrical service to your home for years to come. The selection of trees to plant requires careful consideration. Trees planted in the wrong place can cause serious problems such as clogged sewers. cracked sidewalks. and power service interruptions. Planting the right tree in the right place can reduce maintenance expenses for homeowners as well as FPL. while improving the appearance of the landscape. Consult your tree care professional or garden center staff to help , - , Always consider the ultimate you select the right tree. In this publication you wilt find a select list of trees and palms as mature size when planting. Nell as recommendations for planting in relation to utility lines. . · SMAll TREES Lan:!e Tre Less than 20' hI. at maturity Can be-p~nted adjacent to powerlines 30' minumum SE For courtyards, patios, entryways, etc, COMMON/BOTANICAL NAME HEIGHT COMMENTS ¡'; *SWEET ACACIA 10'· 15' fragrant yellow flowers " Acacia farnesiana 20' m DWARF POINCIANA 10'· 15' yellow·orange flowers. Caesalpinia spp, large shrub, tropical' WEEPING BOTTLEBRUSH 15'- 20' red, bottlebrush flowers Callistemon viminalis GLAUCUS CASSIA 15'- 20' yellow flowers, tropical Cassia surattensis CITRUS: LEMON, ORANGE, ETC, 15'· 20' edible fruit, white flowers Citrus spp, all, except Grapefruit *SILVER BUTTONWOOD 15',20' attractive gray foliage Conocarpus erectus var. 'sericeus' cold tolerant WHITE GEIGER/TEXAS OLIVE 10'- 15' showy white flowers Cordia boissieri cold tolerant : *ORANGE GEIGER 15'- 20' brilliant orange flowers Cordia sebestena LOQUAT 15'· 20' edible orange fruit Eriobotrya japonica dark green foliage *STOPPERS 15'· 20' understory trees Eugenia spp, good hedgerow screens *lIGNUM VITAE 15'- 20' sky-blue flowers Guaiacum sanctum specimen tree HIBISCUS "Standards" 10'· 15' red, pink, yellow, or white Hibiscus spp, flowers, tropical TREE JATROPHA 15'· 20' crimson·red flowers, Jatropha spp, tropical CREPE MYRTlE 15'- 20' red, pink, coral, or white Lagerstroemia indica flowers TREE lIGUSTRUM 15'- 20' small white flowers, Ligustrum spp, dark green foliage JABOTICABA 15 '·20' edible fruit, Myrciaria caulifolia attractive bark CHALCASI ORANGE JASMINE 15'· 20' fragrant white flowers, Murraya paniculata trained as a tree SMALl PAlMS *WAX MYRTlE 15'- 20' tolerates wet soils, Less than 20' hI. at maturity Myrica cerifera aromatic leaves when crushed Can be planted adjacent to powerlines OLEANDER "Standards" 15'- 20' pink, coral, or white For courtyards, patios, entryways, etc, Nerium oleander flowers, very poisonous KOPSIA 15'· 20' lobster-red berries, poisonous, COMMON/BOTANICAL NAME HEIGHT COMMENTS Ochrosia elliptica attractive foliage PINDO PALM 10'· 15' blue-gray foliage, FRANGIPANI 15' -20' coral, yellow, or white Butia capitata cold tolerant feather palm Plumeria rubra flowers, tropical CAT PALM 5'- la' handsome clumping YELLOW ELDER 15'· 20' brilliant yellow flowers Chamadorea cataractarum feather palm Tecoma stans tropical BAMBOO PALM 10'· 15' partial shade, clumping Chamadorea spp, feather palms MEDIUM TREES EUROPEAN FAN PALM 5'- 10' attractive, cold tolerant 20'-30' hI. at maturity Chamaerops humilis fan palm 20' setback from powerlines ARECA PALM 15'- 20' good hedgerow screen, For lawns, parks, shade, etc, Chrysalidocarpus lutescens clumping feather palm *SILVER PALM 15'· 20' silver·gray foliage, COMMON/BOTANICAL NAME HEIGHT COMMENTS Coccothrinax argentata attractive fan palm ORCHID TREE 20'- 30' attractive orchid·like BOTTLE PALM 10'· 15' bottle·shaped trunk, Bauhinia spp, flowers, white, pink, purple Hyophorbelagencau6s feather palm *PITCH APPLE 25'· 30' handsome foliage SPINDLE PALM 15'· 20' attractive thick trunk, Clusia rosea excellent medium street tree Hyophorbe verschaffeltii feather palm "PIGEON PLUM 25'- 30' attractive native, PYGMY DATE PALM 15'· 20' lethal yellowing susceptible Coccoloba diversifolia provides food for wildlife Phoenix roebellini popular feather palm *SEAGRAPE 20' -30' salt tolerant native MAJESTY PALM 15'- 20' interesting thick trunk, Coccoloba uvifera provides food for wildlife Ravenea glauca feather palm *DAHOON HOLLY 25'- 30' attractive red berries, *NEEDLE PALM 5'· 10' cold tolerant, palmate, lIex cassine tolerates wet soils Rhapidophylium hystrix clumping palm *BLACK IRONWOOD 20'· 30' attractive slow growing LADY PALM 10'- 15' partial shade, palmate, Krugiodendron ferreum native, very dense wood Rhapis excelsa clumping palm SABICU 20'- 30' slender tree w/fine foliage *DWARF PALMETTO 10'- 15' 'cold tolerant, fan palm Lysiloma latisiliqua Sabal minor MADAGASCAR OLIVE 20'- 30' upright, open tree wI *SAW PALMmO 10'· 15' cold tolerant, green and Noronhia emarginata attractive dark green leaves Serenoa repens silver varieties, fan palm JERUSALEM THORN 20'- 30' feathery transparent tree *THATCH PALM 15'- 20' single-stemmed fan palms, Parkinsonia aculeata wlsmall yellow flowers Thrinax spp, T, morrisii & T, radiata ALLSPICE 15'- 30' attractive tree w/dark green CHRISTMAS PALM 15'· 20' red berries, 'L Y', Pimenta dioica aromatic leaves Veitchii merrillii attractive feather palm PODOCARPUS 20'· 30' handsome evergreen tree, Podocarpus spp, yew-like appearance YELLOW TABEBUIA/SILVER TRUMPET 20'- 30' striking yellow flowers Tabebuia caraiba w/crooked corky trunk PINK TABEBUIA 20'- 30' attractive pink flowers Tabebuia heterophylla I . Lar2e LARGE TREES l~ Palms Greater than 30' at maturity !tback 30' setback from powerlines For canopy and shade, lawns, parks, etc, ~dium Trees COMMON/BOTANTCAL NAME HEIGHT COMMENTS þ *RED MAPLE 35'- 50' tolerates wet conditions inumum setback Acer rubrum cold tolerant BLACK OLIVE 40'· 50' yellow-green foliage, Bucida buceras tannin stains are a problem *GUMBO LIMBO 40'- 60' attractive mature red bark, Bursera simaruba handsome shade tree CALOPHYLLUMI BEAUTY LEAF 30'· 45' handsome shiny foliage Calophyllum spp, C, inophyllum & C,antillanum . GOLDEN SHOWER TREE 30'- 40' spectacular yellow flowers, Cassia fistula tropical PINK AND WHITE SHOWER TREE 35'- 50" attractive pastel pink Cassia javanica flowers, tropical FLOSS SILK TREE 35'- 50' attractive pink or white Chorisia speciosa flowers, spines on trunk *SATINLEAF 30'- 40' shimmering leaves in wind, Chrysophylium oliviforme excellent specimen tree *GREEN BUTTONWOOD 30'- 50' upright, larger than the Conocarpus erectus silver buttonwood ROYAL POINCIANA 25'- 40' spectacular orange flowers, Delonix regia spreading habit, tropical *STRANGLER FIG 40'· 50' native Ficus, large shade Ficus aurea tree, needs room to grow *SHORTLEAF FIG 40'- 50' native Ficus, large shade Ficus citrifolia tree, needs room to grow JAPANESE FERN TREE 25'- 35' interesting shaped foliage, Filicium decipiens somewhat spreading *LOBLOLLY BAY 30'- 40' handsome upright tree, Gordonia lasianthus cold tolerant *BLOLL Y 35'- 50' nicely shaped, handsome Guapira discolor fruits, hammock pioneer JACARANDA 40'· 50' attractive lavender-blue Jacaranda mimosifolia flowers, open habit GOLDEN RAINTREE 3D'· 50' attractive yellow·sepia LARGE PALMS Koelreuteria elegans flowers, tropical QUEEN'S CREPE MYRTLE 30'- 45' attractive pink, lavender Greater than 20' at maturity Lagerstroemia speciosa flower clusters, tropical Plant at the average frond length plus 2"for minimum clearance from powerlines, *WILD TAMARIND 40'· 50' tiny leaves, open habit, (#') indicates average palm frond length Lysiloma bahamensis attractive trunk & branches COMMON/BOTANICAL NAME HEIGHT COMMENTS *SWEETBAY MAGNOLIA 40'- 60' cold and wet tolerant Magnolia virginiana *PAUROTIS/EVERGLADES PALM 15'· 25' clumping native fan palm MANGO 40'· 60' edible fruit, many varieties Acoelorrhaphe wrightii (5') Mangifera indica dense shade, tropical ALEXANDRA PALM 40'· 45' handsome feather palm *MASTIC TREE 45'· 70' tall remnant of the hammocks Archontophoenix alexandrae (T) Masticodendron foetisdissimum upright wI whitish bark BISMARK PALM 30'- 60' striking blue-gray YELLOW POINCIANA 40'· 50' attractive yellow flowers, Bismarkia nobilis (7') fan palm Peltophorum pterocarpum spreading habit, tropical FISHTAIL PALM 15'· 25' fishtail ends on fronds, AVOCADO 40'· 50' edible fruit, many varieties Caryota mitis (8') clumping palm Persea americana tropical COCONUT PALM 60'· 80' king of palms, use "Maypan" *REDBAY 50'· 60' aromatic leaves, shade tree Cocos nucifera (15') or sim, resistent to 'L Y' Persea borbonia or open lawns HURRICANE PALM 25'- 40' handsome feather palm *SLASH PINE 80'- 90' tall stands remain aher Dictyosperma album (12') Pinus elliotii vaT. "densa" Hurricane Andrew BLUE LATANIA 20'· 50' attractive silver·blue *JAMAICAN DOGWOOD 35'· 50' attractive lavender flowers Latania loddigesii (T) fan palm Piscidia piscipula CHINESE FAN PALM 20'· 30' weeping fronds, *LAUREL OAK 60'· 90' tall, upright, short·lived Livistonia chinensis (T) handsome fan palm Quercus laurifolia cold tolerant native TRIANGLE PALM 15'· 25' three-sided exotic *LlVE OAK 50'· 60' spreading, grand shade tree Negdypsis decaryi (10') feather palm Quercus virginiana ideal for lawns, parks DATE PALM 60'· 90' tall feather palm *PARADlSE TREE 35'- 50' large fast growing native, Phoenix dactylifera (15') Simarouba glauca spreading habit CANARY ISLAND DATE PALM 35'- 50' thick trunked feather palm *WEST INDIAN MAHOGANY 35'· 60' excellent shade tree, Phoenix canariensis (15') Swietenia mahagoni spreading habit SENEGAL ISLAND DATE PALM 25'- 35' clumping, stately, *BALD CYPRESS 60'- 90' fresh water swamp habitats Phoenix reclinata (10') feather palm Taxodium distichum deciduous SOLITAIRE! ALEXANDER PALM 15'- 25' attractive, thin trunked Ptychosperma elegans (B'} feather palm *ROYAL PALM 50'- 70' tall, majestic U\ Roystonea regia (15') feather palm *CABBAGE/SABALPAlM 45'· 70' state tree of Florida SOUTH FLORIOA Sabal palmetto (T) common fan palm QUEEN PALM 40'· 45' attractive feather palm Syagrus romanzoffianum (12') WASHINGTONIA PALM 50'- 80' handsome fan palm, *Asterisk denotes plants native to south Florida Washingtonia robusta (T) reddish trunk when small Heights are as ,per "Xeriscape Plant Guide II." MACARTHUR PALM 20'- 30' clumping feather palm -- This list is not all-inclusive, Ptychosperma macarthuri (8') 'L Y' indicates s-usceptibility to lethal yellowing, , I i.f . . WHY PLAN-T? Trees and Palms , 0 10 ~~~ ~ ~ 11 provide shade and coor the air ... act as wind breaks ... enhance the streetscape ... : !~~ ~-~ -«I screen objectionabre views ... frame views ... soften architecture... act as a backdrop. WHY FPL TR(MS TREES Not all trees are planted in "the right place." Often large trees will grow into close proximity of power lines requiring t¡imming away from FPL's lines. Power line maintenance, including tree removal and trimming, benefits everyone by reducing power outages, A singletree that contacts a power line can interrupt electrical power to many peo· pie in an area. Overhanging limbs can break and fall into power lines. This is especially critical during storms or periods of high winds. Overhead utility lines are the easiest to see and probably the ones NurSANCE and PROBLEM TREES we take most for granted. Although these lines look harmless enough, they can be dangerous. The following non· native problem trees are prohibited in Planting tall-growing trees under or near these lines will ultimately some municipalities, They can be invasive, damage side- require pruning them away from the wires. This pruning may result walks, structures, or utilities. or may be extremely messy, in a tree having an unnatural appearance. Repeated pruning can Consult your local forester or agricultural extension agent lead to a shortened life span of the tree. Trees which must be to "Plant the Right Tree in the Right Place" pruned away from the power lines are under greater stress and EARlEAF ACACIA Acacia auriculiformis more susceptible to insects and disease. Small. immature trees AUSTRALIAN PINE Casuarina spp. planted today can grow into problem trees in the future. Tall grow- ing trees near overhead lines can cause service interruptions MELAlEUCA Melaleuca quinquenervia when trees contact wires. Children or adults climbing these trees BRAZILIAN PEPPER Schinus terebinthifolius can be severely injured or even killed if they come in contact with WOMAN'S TONGUE TREE Albizzia lebbeck the wires. Proper selection and placement of trees in and around NORFOLK ISLAND PINE Ar aucaria heterophylla overhead utilities can eliminate potential public safety hazards. TREE BAMBOO Bambusa vulgaris reduce expenses for utilities and their customers and improve the BISCHOFIA Bischofia javanica appearance of landscapes, SCHEFFlERA Brassaia actinophylla FPL utilizes professional tree crews trained to trim trees in a safe EAR TREE Enterolobium cyclocarpum and technically correct manner. The National Arborists Associa· EUCALYPTUS Eucalyptus spp. tion standards (NAA) and local tree trimming codes are used as NON·NATIVE FICUS Ficus spp, guidelines. SILK OAK Grevillea robusta Should a tree come in contact with a power line stay clear and call MAHOE Hibiscus tiliaceus FPL at the number on the bottom of your bin. ' CHINESE TALLOW TREE Sapium sebiferum JAVA PLUM Syzygium cumini @ CORK TREE Thespesia populnea 122193 Rev, 5195 Designed and Printed by Administrative Services . . - DI; ct1 TO: DAVID T. HARDEN, CITY MANAGER THRU: FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE SUBJECT: MEETING OF DECEMBER 1, 1998 CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.6.16(A) & (D) (LANDSCAPE REGULATIONS) TO ADDRESS GUDELlNES ESTABLISHED BY FLORIDA POWER AND LIGHT (RIGHT-TREE-RIGHT-PLACE). Florida Power and Light Company (FPL) is encouraging cities to adopt their Right- Tree-Right- Place guidelines to heighten awareness of the importance of proper tree selection when planting near utility easements. The proposed amendment will place restrictions on trees allowed within and near utility easements. FPL has produced a circular, "Plant the Right Tree in the Right Place" (copy attached), which gives recommendations for small, medium and large trees, as well as small and large palms, indicating the distance from which they can be planted to power lines. FPL's recommendations would be adopted by reference to the circular. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of November 16, 1998. There was no public testimony regarding the request. The Board voted 7-0 to recommend to the City Commission that LDR Section 4,6.16(A) (Landscape Regulations - Purpose and Intent) be amended to provide for proper tree selection adjacent to utilities to mitigate damages by trees, and Section 4.6, 16(D)(Site Design Requirements), adding subsection (4) (Tree Selection Adjacent to or Within Utility Easements), which defines restrictions on trees placed within utility easements. By motion, approve on first reading a text amendment to LDR Sections 4.6.16(A) and 4.6.16(D) to place restrictions on trees allowed within utility easements, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of December 15, 1998. Attachments: . P&Z Staff Report and Documentation of November 16, 1998 . Ordinance by Others p~ IS1~ 6-0 J ;;/1/98 ;;.8· , . . ~: ~ t ~~ ~ \~ ¥~~ k$ '-J~ ;f 6t> ~ (b) Able to withstand reduced water conditions if planted in sandy soils; ( c) Able to withstand wet conditions when planted around retention/detention ponds or in swales..:....' ÁøY//Ø~f~/~¢~ft~f~¢tf~/~t¢~t~/~~~tt¢¡ l.il. Tree Selection Adiacent to or Within Utility Easements: Reauired perimeter landscape buffers often coincide with utility easements. Careful selection of tree species is essential to minimize conflicts as trees mature~ as follows: kl The ultimate mature heiqht and width of a tree to be planted should not exceed the available overhead qrowinq space. Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Liqht Company's I1Plant The Riqht Tree In The Riqht Place" (copies available from the Community Improvement Department) . which provides recommendations for tree selections, JQl. Trees shall not be planted within ten (10) feet of any underqround utilities. l£l Trees shall have non-invasive qrowth habits which will not interfere with adiacent above/underqround utilities. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 5 . That this ordinance shall become effective immediately upon its passage on second and final reading. - 3 - Ord. No. 50-98 I · ~ PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No, 50-98 I ~(! If b-/.wFn I . ec Boca Katon News, Wednesday, December 23, t 998 .~ - I' IIIY.IIIM'IUCII,~ .......-:- ! A PUBLIC HEARING will be held on the following pl1JlOOlld ordinances at 7:00 !' p,m, on 11JE5DAY, Januaty 5, 1999 t:n~~::=~: ÌI the CIty, CommissIon Chambers, \ 100 NW, 1st Awnue, Dekay Beach, AotIda. at v.tIk:t1 time the City Com- i~~~::~~ InsecbId II the 0fIIœ of the City CIeri< : II City Hall, 100 N,W 1st Avenue, DeI- "" Beach, Florida. ~ the hours of 8:00 a.m, and 5:00 p,m" Monday thIOugh Friday, exœ¡rt holidays, All __ parties are invIIIId 10 -.II and be hoard with tespoct to the pro- 08Id 0IdInanœs. 8IIIIWIŒ III. _ ~ ORDINANCE OF 11£ CITY COM- MISSION OF M CITY OF OELRAY · BEACH, R.ORIDA, AMENDING SEC- · Tl0II4,&,16, "lANDSCAPE REGUlA- r TlONS:, SUBSECTION 4,6,16(A), , 'PURPOSE', OF 11£ lAND DEVEL- . OPMENT REGULATIONS OF THE · CITY OF OELRAY BEACH, TO PRß- VIDE FOR PROPER TREE SELEC- TION ADJACENT TO OR WTTHIN UTILITY EASEMENTS; AMENDING ï, SUBSECTI0II4,6,16(D), "sm: .' DESIGN REQUIREMENTS", BY , ENACTING SUBPARAGRAPH 4,6,16(0)(4), "TREE SELECTION ADJACENT TO OR WffillN UTILITY EASEMENTS", TO PROVIDE FOR RESmICTIONS ON 'TREES PlAN1ED ADJACENT TO OR WITHIN UTIUlY EASEMENTS; PROVIDING A GENER- AL fIEÆAlER ClAUSE, A SAVING ClAUSE, ~D AN EffiCT\VE DAlE OIIDIIAIIŒ 110, 51. AN ORDINANCE OF THE CITY COM- MISSION OF M CITY OF OELRAY BEACH. A..ORIDA, AMENDING CHAP1ER 39, "RETURNED CHECK " SERVICE CHARGE", {J'THE CODE OF ORDINANCES OF 11£ CITY OF OELRAY BEACH, BY AMENDING ~ SECTION 39,01, "SERVICE CHARGE $;. FOR RETURNED CHECKS", TO SET ~ 11£ fEE FOR RETURNED CHECKS , lIT 1WENTY DOllARS OR FIVE PiR- CENT OF THE FACE VAlUE OF THE CHECK WHICHEVER IS GREAIER, ~D TO PROVIDE FOR DISCRE- , TlONARY LANGUAGE AlLOWING t FOR EXTENUATING CIRCUM- STANCES TO BE CONSIDERED REGARDING RETURNED CHECKS; REPEALING CHAPTER SO, "UTILI· TIES GENERAl.LY; PUBLIC SERVICE TAX", SECTION SO,02, "SERVICE CHARGE FOR RETURNED CHECKS 011 UTILITY BILL FOR WAIER ~D SEWER SERVICE", AND CHAI'TER 51, "GARBAGE AND TRASH", SEC- TION 51,76, "COllECTION CHARGE FOR RETURNED CHECKS', AS BEING UNl£CESSARILY DUPLICA- 1M; PROVIDING A SAVING ClAUSE, A GENERAL REP£ALER ClAUSE, ~D ~ EffECTIVE DAlE, PIoase be advised thai W . _ decideS 10 appeal any decision rrøde by the City Corrrnission with respect 10 any _r considenKI at these '*'1ngs,1UCh person may .-I to ensul1l thai . Yllbatim IIICOId Includes the lllstlmony and 0IIidenœ UIOI1 which the appeal Is 10 be based, 1IIe CIty does not provide nor prepare IIUCh 18IXJIII, Pursuant to F,S, , 286.11105, . \ 1'Idsh: December 23,1998 IIøca RaIDn News ÞiJ 12Ø114 . ~ ~ I~~ ;i;1'ð ~ -- . ':::::::::::::::::::::::::::¡::¡¡:::::¡::::::"::::::::::::::::::::::::::::::::::::::'¡::::':::::::§<,,:¡:¡::::::::::;:::RßºêQ§§§::QBP"iINÇg::::i::i:/:(:,:'.'.'.·.,,:.':,.')\ '/:)):/1 Section 4.6.16 Landscape Regulations (A) Purpose: The objective of this ordinance is to improve the appearance of setback and yard areas in conjunction with the development of commercial, 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. This Section also provides minimum standards for nonconforming sites and requires the upgrading of landscaping on these properties, to the extent physically possible, within three (3) years. ~~~"'" This Section is further int ded to fulfill objectives as contained within the Conservation Element of the Compre ensive Plan, by providing for: the conservation of potable and non-potable water; th implementation of xeriscape landscaping principles; proper tree selection adiacent to utilities to mitigate damages which may be caused by trees: maintaining permeable land areas essential to surface water management and aquifer recharge; encouraging the preservation of existing plant communities, encouraging the planting of site specific, native and drought tolerant plant materials; establishing guidelines for the 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 the microclimate through the process of evapotranspiration; and promoting energy conservation through the creation of shade, The provisions of this Section are minimum standards which may be increased in accordance with the guidelines contained herein as well as aesthetic criteria established by the Site Plan Review and Appearance Board and the Historic Preservation Board when applicable. Additional landscape requirements may be required for certain zoning districts and roadways as provided for elsewhere in these regulations. (2) Preservation and Promotion of Existing Plant Communities (No Changes) (3) Site Specific Planting Materials: Trees and other vegetation used in the landscape design should be appropriate to the conditions in which they are planted, to the greatest extent, they shall be: 4.to.\loLDJ (a) Salt tolerant relative to the area in which they will be planted; (b) Able to withstand reduced water conditions if planted in sandy soils; (c) Able to withstand wet conditions when planted around retentionl detention ponds or in swales. (d) Have non invasive growth habits. , - v..\~ ,I( - 1-~ 0 (4) Tree Selection Adjacent to h,tility Easements: Required perimeter landscape buffers often coincide with utility easements. Careful selection of tree species is essential to minimize conflicts as trees mature, as follows: (a) The ultimate mature height and width of a tree to be planted should not exceed the available overhead growing space, Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Light Company's "Plant the Right Tree in the Right Place", copies available from the Community Improvement Department. which provides recommendations for tree,' selections. (b) Trees shall not be planted within ten (10) feet of any underground utilities. (c) Trees shall have non-invasive growth habits which will not interfere with adiacent above/underground utilities. ,