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City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #:15-326,Version:1
TO: Mayor and Commissioners
FROM: Tim Stillings, Director of Planning and Zoning
THROUGH: Donald B. Cooper, City Manager
DATE: December 8, 2015
ORDINANCE NO. 22-15 (SECOND READING): AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR), SECTION 4.6.19 TO PROMOTE TREE PRESERVATION AND
PROTECTION.
Recommended Action:
Motion to Approve Ordinance No. 22-15, “Tree Preservation, Protection, Enforcement and
Maintenance” to the City Commission regarding the promotion of tree preservation and maintenance
of the existing urban tree canopy.
Background:
It has become apparent through recent development projects and a detailed analysis of our Tree
Ordinance that LDR Section 4.6.19 allows certain provisions that do not fully support the City’s goals
for tree preservation and protection.
The main purposes for the proposed amendment to LDR 4.6.19 is removal of the sections that allow
for the removal of trees through certain exemptions; promote the preservation of trees during
development of new sites by increasing the in-lieu fee paid into the Tree Trust Fund; allow a level of
latitude to the tree mitigation requirements for property owners of existing single family homes;
require the installation of root barrier devices where applicable; allow relocation to off-site locations
as an option; and changing the approval authority from the Chief Building Official to the Planning and
Zoning Director. A detailed analyis of the proposed amendment can be found in the supporting
documentation.
City Commission Discussion:
Accept a City-initiated amendment to LDR section 4.6.19 to promote tree preservation and
protection.
Advisory/Approving Board Recommendation:
OnNovember3,2015,theCityCommissionapprovedthefirstreadingwithavoteof4to1,with
changes.TheCityCommissiondirectedthefollowingtobeincorporatedintotheamendmentbefore
approval of the second reading:
·ChangingthecalipermeasurementofExceptionalSpecimenTreestoeightinches(previously
12 inches).
·Clarifyingthemitigationrequirementsfortreestobeofahardwoodspecies.Palmswouldnot
count towards mitigation.
City of Delray BeachPage 1 of 2Printed on 1/26/2016
powered by Legistar™
File #:15-326,Version:1
·Clarifyingtheflexibilityonmitigationforsinglefamilyhomestoincludebothattachedand
detached properties.
TheCommissionalsodirectedafullcomprehensivereviewoftheentireTreePreservation,
EnforcementandMaintenanceordinance.AnupdatedordinanceistobepresentedtoCity
Commission by June 1, 2016.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source:
N/A
Timing of Request:
N/A
ATTACHMENTS:
Ordinance No. 22-15: “Tree Preservation, Protection, Enforcement and Maintenance”
City of Delray BeachPage 2 of 2Printed on 1/26/2016
powered by Legistar™
MEMORANDUM
TO:
Mayor and Commissioners
FROM:
Timothy Stillings, Director of Planning and Zoning
THROUGH:
Donald B. Cooper, City Manager
DATE:
November 24, 2015
RE:City Commission Meeting – December 8, 2015:
Ord. No. 22-15 - A
City-initiated amendment to the Land Development Regulations (LDRs) to
promote tree preservation through increased mitigation requirements, and
elimination of certain exemptions currently available to new
developments. (Second Reading/Public Hearing)
Background:
The most recent revision to the Tree Ordinance was approved by the City Commission on
September 16, 2008 by Ord. No. 35-08. This Ordinance instituted the Tree Trust Fund and
defined the purpose of the fund and specifics for allocation. The intent of that revision was to
preserve or relocate existing trees in an effort to increase our tree canopy throughout the city.
However, it has become apparent through recent development projects that LDR Section 4.6.19
(Tree Ordinance) allows certain provisions that do not support the City’s goals for tree
preservation, protection, and urban canopy. In certain instances for new development,
mitigation for the removal of existing trees is exempt depending on the location of the trees. The
in-lieu fee for trees that are subject to mitigation is so low that it is less expensive to remove
trees and pay into the Tree Trust Fund, rather than preserve or relocate trees.
The main purposes for the proposed amendment to LDR 4.6.19 is removal of the sections that
allow for the removal of trees through certain exemptions; promote the preservation of trees
during development of new sites by increasing the in-lieu fee paid into the Tree Trust Fund;
allow a level of latitude to the tree mitigation requirements for property owners of existing single
family homes; require the installation of root barrier devices where applicable; allow relocation to
off-site locations as an option; and changing approval authority from the Chief Building Official
to the Planning and Zoning Director.
The following are proposed changes to Section 4.6.19 of the LDRs:
Change the name of the ordinance from “Tree Ordinance” to “Tree Preservation,
Protection, Enforcement and Maintenance”.
Change the approval authority from the Chief Building Official or his/her designee to the
Planning and Zoning Director or his/her designee in several areas of this section.
Section 4.6.19(D)(3)(a)(1): Change designation of Exceptional Specimen Trees from a
caliper of 24 inches to 8 inches.
Section 4.6.19(E)(3)(a): Provide the property owner/developer the option to relocate an
existing tree to an off-site location if the tree cannot be relocated on the site.
Section 4.6.19(E)(3)(b): Adds language pertaining to existing trees proposed for removal
due to conflicts with adjacent underground utilities, such as water and sewer lines, as
well as physical damage to foundations and driveways. This code revision may still allow
for removal of a tree, but a report from a certified arborist and/or structural engineer will
be required to explain why a root barrier would not work and the only option would be to
remove the tree to prevent any further damage.
Section 4.6.19(E)(4)(b): Street trees that are depicted on the landscape plan of record
are not allowed to be removed from a subdivision unless property damage or life safety
issues can be demonstrated.
Section 4.6.19(E)(5)(a): Increases the caliper measurement of trees that are expected to
be relocated to a suitable location. The increase will change from 15 inches to 24 inches.
Section 4.6.19(E)(5)(d): Increases the in-lieu fee from $100.00 to $350.00 and $450.00
per caliper inch (depending on size) for those existing trees that are removed and not
replaced with the appropriate number of trees. The in-lieu fee is $350.00 per caliper inch
for trees that have a caliper of less than 8 inches. The in-lieu fee is $450.00 per caliper
inch for trees that have a caliper of 8 inches or greater. The ordinance removes
language pertaining to exemptions from the tree replacement and in-lieu fee
requirements.
Section 4.6.19(E)(5)(e): Provide property owners of existing single family homes
(attached and detached) some flexibility to the current mitigation and proposed in-lieu
fee requirements. Homeowners will be allowed to remove a tree and not mitigate for it so
long as they have the minimum number of trees that are required on their property. A
certified arborist report may be required describing the reasons for the removal.
Section 4.6.19(E)(8)(a) (Triple-Fee penalty section): This section pertains to the removal
of trees without a permit. It increases the in-lieu fee from $100.00 to $350.00 and
$450.00 per caliper inch (depending on size) to match section 4.6.19(E)(5)(d). The in-
lieu fee is $350.00 per caliper inch for trees that have a caliper of less than 8 inches. The
in-lieu fee is $450.00 per caliper inch for trees that have a caliper of 8 inches or greater.
Section 4.6.19(E)(8)(b) (Penalty for removal of Exceptional Specimen Tree section):
Increases the in-lieu fee from $100.00 to $350.00 and $450.00 per caliper inch
(depending on size) to match section 4.6.19(E)(5)(d). The in-lieu fee is $350.00 per
caliper inch for trees that have a caliper of less than 8 inches. The in-lieu fee is $450.00
per caliper inch for trees that have a caliper of 8 inches or greater.
Section 4.6.19(N): Change the date to comply with removal of all invasive plant material
city-wide by January 1, 2018.
Advisory/Approving Board Recommendation:
On November 3, 2015, the City Commission approved the first reading with a vote of 4 to 1. The
City Commission discussed a few changes that they would like incorporated into the
amendment before approval of the second reading. These included:
Changing the caliper measurement of Exceptional Specimen Trees to 8 inches
(previously 12 inches).
Clarifying the mitigation requirements for trees to be of a hardwood species. Palms
would not count towards mitigation.
Clarifying the flexibility on mitigation for single family homes to include both attached and
detached properties.
2
A full comprehensive review of the entire Tree Preservation, Enforcement and
Maintenance ordinance. An updated ordinance is to be presented to City Commission by
June 1, 2016.
Recommendation:
The Planning and Zoning Department recommends approval of Ordinance 22-15, “Tree
Preservation, Protection, Enforcement and Maintenance” to the City Commission regarding the
promotion of tree preservation and maintenance of the existing urban tree canopy.
ATTACHMENTS:
Ordinance No. 22-15: “Tree Preservation, Protection, Enforcement and Maintenance”
3
Order # - 3733161
CITY OF DELAAY BEACH, FLORIDA
.
NOTICE OF PUBLIC HEARING
SUN-SENTINEL
A PUBLIC HEARING will be held On the fol-
-
lowing proposed ordinRnces on TUESDAY,
- Published Daly
IN 17, 2015 at 7:00 p,fn..or at
Fort Lauderdale, Broward County, Florida
any contiDttoo of such meeting which
is Sec bytheuacommission), In the Cum-
Boca Raton, Palm Beach County, Florida
mission Chambers, 100 N.W. 1st AveoUe.
Delray Eeach. Florida, atwhich Time the
Miami, Miami-Dade County, Florida
City Commission wiA Consider their adop-
tion The proposed ordinance may he
Inspected at the 01 of the City Cal
at City Hall, 100 N.W. 1St Avenue, Delray
STATE OF FLORIDA
Beach, Fbrida, between B:oD a.m. and
5:90 p,m„ Monday through Friday, except
hoiidays, Interested Pardee are invited to
COUNTY OF: BROWARD/PALM BEACH/NIIAMI-DADE
proposed ordinance wi h respect to the
ORDINANCE N0. 22-15
Before the undersigned authority personally appeared
AN ORDINANCE OFTHE CITY CUMMIS
MARK KUZNITZ, who on oath says that he or she is a dui authorized representative of the SUN-
Y Y It
BION OF THE CRY OR DELRAY BEACH,
FLORIDA, AMENDING THE LAND PEVEL-
SEN'l lNhL, a DAILY newspaper published in BROWARDIPALM BEACII/MIAMI-DADE County,
oPMENN REGuwTREE
Florida; that the attached copy of advertisement, being a Legal Notice in:
SECTION 4,5.19, "TREE ORDINANCE".
ORDINANCE'.
SUBSECTION (C)(1), °COMPLIANCE°; SUB-
SECTION (DJ{27, "DESIGNATJON/PROTEC-
TIO N OF EXCEPTIONAL SPFCIMENTREES";
II1
The 3ttCr of 11720-Notice Of Public Meeting
SUBSECTION (DI(3), "SUBSTITUTION OFMATURE, F7(CEPTIONAi SPECIMEN TREES/
SPECIMEN TREES FOR REQUIREDPARK-
City Of Delray Beach
ING'; SUBSECHON (E)(3), "PROCEDURE"
,
SUBSECTION (E)(4J, "ISSUANCE OF PER-
Friday
MIT"; SUBSECTION (Egg)' "IMPOSITION OF
CONMT ONS"; SUBSECTION (E)(8), "PEW
11/612015
Al SUBSECTION117(3), "CLEANUP";
AND SUBSECTION {N), "PROHIBITED SPE"
TUESDAY, NOVEMBER 17, 2015 at 7:00 p.m.
GIES REM0VE0'; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
Was published in said newspaper in the issues of; Nov 06, 2015
` ORDINANCE NO, 29-15
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF DFL-
3733197
RAY BEACH, FLORIDA, BYAMENDING
CHAPTER 33 "POLICEAND FIRE-RESCUE
DEPARTMENTS"ATTITLE 3 "PENSIONS";
Affiant further says that the said SUN-SENTINEL is a newspaper published in said
AMENDING SECTION 33.67, "OTHER PR4
VISIONS", To PROVIDE FORTHE REEM-
BROWARD/PALM BEACHIMIAMT-DAD'S County, Florida, and that the said newspaper has
tYCERTAIN
PLOYMENTOFRETIRFD MEMBERS UNDER
CIRCUMSTANCES; PROVIDING -
heretofore been continuouslypublished in said BROWARD/PALM BEACHMIIAMI-DADE County,
P Y
FORSEVERAMUTY; PROVIDING FORIN.
Florida, each day and has been entered as second class matter at the post office in BROWARD
CLUSION IN THE CODE; AND PROVIDING
AN EFFECTIVE DATE-
County, Florida, for a period of one year next preceding the first publication of the attached copy of
ORDINANCE No, 30.15
advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm
AN ORDINANCE OFTHE GIT' Col
or corporation, an discount, rebate, commission or refund, for the purpose of security this
rP Y p'-�P g
- SION OFTHE CITY OF DELAAY BEACH,
FLORIDA, AMENDING CHAPTER 35, "EM-
advertisement for blication in the said newspaper.
PLOYEE POLICIES AND BENEFITS', GEN-
ERAL EMPLOYEES' RETIREMENT PLAN;
AMENDING SECTION 35.090, "AARnCIPA-
TION", TO PROVIDE FOR THE REEMPLOY-
NIENT OF RETIRED PARTICIPANTS UNDER.
_
CERTAIN CIRCUMSTANCES PROVIDING
FOR SEVERABILITY. PROVIOING FOR IN-
Signature Affiant -
CLUSION IN THE CODE; ANP PROVIDWG
of
AN EFFECTIVE DATE-
S to and subscribed before me this: November 06, 2015.
ORDINANCE NO.31-15
AN ORDINANCE OF THE CITY COMMIS-
K�
SION OFTHE CITY OF DELAAY BEACH,
Sig
FLORIDA, PROVIDING FDRA CHARTER
f-9LL O�'K
AMENDMENT BYAM€NDING ARTICLE
IV, "ADMINISTRATIVF-EXECUTIVE", BY
-�' My COMMISSil FF211904
ADDING ARTICLE IV,'ADMINISTRATIVE-
EXECUTIVE", BY ADDING SECTION 4.10,
.q,
Ekp(RE8 March 19. 2019
'INTERNAL AUDITOR APPOINTMENT,
QUALIFICATIONS, REMOVALANDCOM-
COM-
i1Yl j9F,-A-f1.1 flnnrhsNDnn�Bn-nct:
PENSATfON"AND SECTION 4.111,"DUTIES
14w, con
OF INTERNAL AUDITOR`, TO PROVIDE THE
Name of Notary, Typed, Printed, or Stamped
CITY COMMISSION WITH THE DISCRETION
TO APPOINTAN INTERNAL AUDITOR;
Personally Known (X) or PIoduced Identification
PROVIDING FOR A REFERENDUM ON THE
iS5UETO BE HELD ON MARCH 15, 2015;
PROVIDING A SAVINGS CLAUSE, GENERAL
REPEALER CLAUSE, ANDAN EFFECTIVE
DATE,
ORDINANCE NO. 32-15
AN ORDINANCE OF THE CITY CCMMIS-
SIONOFTHE CITY OF DELRAY BEACH,
FLORIDA, PROVIDING FOR A REFEREN-
DUM OF THE QUESTION OF WHETHER THE
MAJORITY OF THE QUALIFIED VOTERS OF
THE CITY VOTING IN THE PRESIDENTIAL
PREFERENCE PRIMARY ELECTION GIVE
THEIR CONSENT FORTHE REPEAL OF
_
CHAPTER 25764, LAWS OF FLORIDA,
=
WHICH CREATED THE CIVIL SERVICE CODE
FOR CITY OF DELRAY BEACH EMPLOYEES;-._
T
PROVIDING FOR A REFERENDUM ON THE
ISSUE TO BE HELD ON MARCH 15, 2016
AND PROVIDING AN EFFECTIVE DATE,
-Please be advised that Fa person decides
to appeal any decision made by the City
-
Commisslon With respeatc any matter
considered at this hearing, such person
may need to ensure that A Verbatim r e-
cord includes the testimony and evidence
upon which the appeal Is to be based.
The Clty does not provide nor prepare
such reCOFd pursuant to FS- 286.0105.
CITY OF DE-RAY BEACH
Cl D, Nubin, MMC
Cr,/ Clerk