15-0017 - commission agenda memo #15-0017city commission agenda memo #15-0017 regular meeting to:...

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CITY OF FORT LAUDERDALE City Commission Agenda Memo #15-0017 REGULAR MEETING TO: Honorable Mayor & Members of the Fort Lauderdale City Commission FROM: Lee R. Feldman, ICMA-CM, City Manager DATE: February 3, 2015 TITLE: Ordinance Amending Landscaping and Tree Preservation Requirements

Recommendation It is recommended the City Commission adopt an ordinance amending the Landscaping and Tree Preservation Requirements, of the City’s Unified Land Development Regulations (ULDR) to incorporate Florida-Friendly Landscaping™ and sustainability principles. Background Current ULDR regulations are proposed to be modified to better address landscaping that is adapted to the local climate. The proposed amendment will increase the amount of trees and plants which are specifically adapted to the local climate through specific criteria, adding to the resilience of landscaping Citywide by reducing the amount of irrigation required to maintain healthy landscapes, and thus furthering the City’s efforts to address water conservation. On June 17, 2014 staff attended the City Commission Conference meeting to present a summary of regulatory aspects for water usage within the City of Fort Lauderdale and descriptions of the Florida-Friendly Landscaping™ principles. Included, as part of this presentation, were examples of images depicting local, colorful Florida-Friendly Landscaping™ currently thriving in locations throughout the City. Discussion followed with questions from neighbors and the Commissioners resulting in direction from the City Commission for staff to host a public meeting to gain further input from landscape architects and the others from the local landscape community. The Public Works Department, Sustainability Division (PW-Sustainability), with support from the Department of Sustainable Development, hosted a public Open House on October 14, 2014. Neighbors, landscape architects and industry professionals as well as neighborhood associations and members from the business community were invited to discuss proposed amendments in detail. One month in advance of the Open House meeting, proposed amendment documents were posted for public review, accessible on the City’s website at:

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http://fortlauderdale.gov/departments-/public-works-/sustainability-division/florida-friendly-landscaping/florida-friendly-landscaping-ordinance

Following the Open House, PW-Sustainability staff made a similar presentation to the Council of Civic Associations. In addition, staff presented the item to the Sustainability Advisory Board (SAB) on their October 27, 2014 agenda. The SAB sent a communication in support of the ordinance modifications, which was reviewed by the Commission on November 18, 2014. Input and written recommendations were collectively obtained from neighbors, landscape architects, other local industry professionals and the National Wildlife Federation. Many of the written comments received were incorporated into the current, proposed amendments. The rest of the comments were recorded and will be used to further improve Section 47-21 when the Department of Sustainable Development (DSD) begins the process to draft the next incremental amendment.

Proposed Ordinance Criteria To further support sustainability principles, water conservation, and preservation of tree canopy, staff has analyzed criteria to identify ways to balance landscaping goals relative to provisions for low-water requirements, colorful landscaping, and native plants that support local wildlife and pollinators as well as visiting migratory bird species. For a detailed description of the proposed amendments please see the Planning and Zoning Board (PZB) staff report attached as Exhibit 1 and note the support of the Planning and Zoning Board Exhibit 2.

The Summary of Proposed Ordinance Amendments to Incorporate Florida-Friendly Landscaping™ Principles is attached as Exhibit 3.

The proposed ordinance language is attached as Exhibit 4.

Planning and Zoning Board Recommendation This proposed ordinance item was on the November 19, 2014 Planning and Zoning Board meeting agenda. Due to Planning and Zoning Board meeting time constraints, this item was not discussed and it was deferred to the December 18, 2014 Planning and Zoning Board meeting. At the December 18th meeting, the proposed ordinance passed, recommended by the Planning and Zoning Board for approval by a vote of 5-2. The Planning and Zoning Board voted to send a communication to City Commission referencing water-saving initiatives with further emphasis on reuse of water. In the proposed ordinance, irrigation and water conservation is addressed. Further opportunities to discuss additional options may be incorporated in the next phase of incremental amendments to the ordinance by the Department of Sustainable Development. Resource Impact There is no fiscal impact associated with this action.



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Strategic Connections: This item is a Press Play Fort Lauderdale Strategic Plan initiative, included within the Public Places Cylinder of Excellence, specifically advancing:

Goal 3: Be a community that finds opportunities and leverages partnerships to create unique, inviting, and connected gathering places that highlight our beaches, waterways, urban areas, and parks.

Objective 2: Enhance the City’s identity and appearance through well-maintained green space, parks, major corridors, gateways, and medians.

Initiative 3: Continue Florida-friendly Landscaping™ and create wildlife gardens. Attachments: Exhibit 1 – PZB Staff Report Case Number: T14013 Exhibit 2 – December 18, 2014 PZB meeting draft minutes Exhibit 3 – Amendments Summary

Exhibit 4 – Ordinance Prepared by: Adrienne Ehle, Environmental Analyst

Nancy J. Gassman, Ph.D., Assistant Public Works Director – Sustainability

Department Director: Hardeep Anand, P.E., Public Works

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Planning and Zoning Board Meeting November 19, 2014 Summary of Proposed Ordinance Amendments

to Incorporate Florida-Friendly Landscaping™ Principles

The proposed Florida-Friendly Landscaping™ ordinance includes revisions and criteria which encourages nationally-recognized Florida-Friendly Landscaping™ (FFL) and sustainable principles as language to be incorporated into the City of Fort Lauderdale Code of Ordinances, Chapter 47 Unified Land Development Regulations (ULDR), ARTICLE III. - DEVELOPMENT REQUIREMENTS Section 47-21. LANDSCAPE AND TREE PRESERVATION REQUIREMENTS.

By increasing the amount of trees and plants which are adapted to the local climate, the resilience of landscaping citywide will be improved and the amount of irrigation water required to maintain healthy landscapes will be reduced.

Included within this proposed language are revisions that reflect the following main points:

Updated terminology to be current with Florida-Friendly Landscaping™ principles and landscape industry standards, and improved irrigation practices.

Deleted outdated references which were replaced with more current, industry terminologycommonly used in practice today.

Replaced the outdated term “xeriscaping” with “Florida-Friendly Landscaping™”.

Replaced where applicable, the measurement term “diameter” with “caliper”.

Deleted the term “at breast height” and replaced with “caliper”. Landscape industry

professionals such as suppliers and designers refer to “caliper” which is typically measured

at purchase.

Created an irrigation section to provide guidance on planning and installation of more

efficient systems.

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Improved alignment with existing Florida Department of Environmental Protection and Broward County criteria.

Referenced Broward County ordinance1 as the basis for revisions (Volume II, Chapter 39Zoning, Article VIII. Landscaping for Protection of Water Quality and Quantity).

Referenced species and terms identified within the Florida-friendly Plant Database2 asdeveloped by the Florida Springs Initiative of the Florida Department of EnvironmentalProtection.

Allowed for more consistency for property owners and developers to understand ordinancesused throughout cities within Broward County.

Upgraded criteria to reflect standards that further support sustainability principles and preservation of the tree canopy.

Clarified statement of intent and definitions to be purposeful and focused towardsustainability and also referenced support of landscape that create habitat for wildlife.

Increased the scope of native vegetation from just those plants native to South Florida toplants native to Florida that will thrive in South Florida; Required per property from 40%native of total landscape required to 50% FFL/native.

Reduced the tree size threshold for requiring a City permit for tree removal. Revised from acaliper of equal to or greater than twelve (12) inches, to be equal to or greater than eight (8)inches at true caliper.

Next Steps and Tentative Timeline Revised Ordinance Amendments Review and Approval

Public review and comment on proposed Ordinance Revisions to Incorporate Florida-Friendly Landscaping™ principles into the

ULDR Section 47-21. LANDSCAPE AND TREE PRESERVATION REQUIREMENTS

OCTOBER *Open House Tuesday, October 14, 2014, 5:00 PM*Council of Fort Lauderdale Civic Associations, Tuesday, October 14, 2014, 7:00 PM*Sustainability Advisory Board (SAB), Wednesday, October 27, 2014, 6:30 PM

NOVEMBER *Planning and Zoning Board Meeting Wednesday, November 19, 2014, 6:30 PM Planning Zoning Board review and recommendation to the City Commission.

DECEMBER *City Commission Regular Meeting: Public Hearing (Reading 1)

JANUARY *City Commission Regular Meeting: Final Adoption Hearing (Reading 2)

1 www.municode.com/library/#!/fl/broward_county/codes/code_of_ordinances

2 www.floridayards.org

* Public meeting for review and comment

Exhibit 3

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DRAFT PLANNING AND ZONING BOARD

CITY OF FORT LAUDERDALE CITY HALL COMMISSION CHAMBERS – 1ST FLOOR

100 NORTH ANDREWS AVENUE FORT LAUDERDALE, FLORIDA

THURSDAY, DECEMBER 18, 2014 – 5:30 P.M.

Cumulative June 2014-May 2015

Board Members Attendance Present Absent

Patrick McTigue, Chair P 7 0

Leo Hansen, Vice Chair P 7 0 Brad Cohen A 6 1 Stephanie Desir-Jean A 5 2

Michael Ferber P 7 0 James McCulla P 7 0

Michelle Tuggle (arr. 6:36) P 6 1 Tom Welch P 6 1 Peter Witschen P 6 1

It was noted that a quorum was present at the meeting.

Staff

Ella Parker, Urban Design and Planning Manager

D’Wayne Spence, Assistant City Attorney Eric Engmann, Urban Design and Planning

Tom Lodge, Urban Design and Planning Gene Dempsey, Urban Forester, Public Works Department Adrienne Ehle, Public Works Department

Glen Hadwen, Public Works Department Jim Koeth, Public Works Department

Kimberly Pearson, Chief Landscape Plans Examiner Mohammed Malik, Chief Zoning Examiner Brigitte Chiappetta, Recording Secretary, Prototype, Inc.

Communications to City Commission

Motion made by Mr. Witschen, seconded by Vice Chair Hansen, that Staff look into

additional initiatives that emphasize the reuse of water in relation to passage of the amended Landscape Ordinance. In a voice vote, the motion passed unanimously.

I. CALL TO ORDER / PLEDGE OF ALLEGIANCE

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Planning and Zoning Board December 18, 2014

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Chair McTigue called the meeting to order at 6:31 p.m. and all stood for the Pledge of Allegiance. The Chair introduced the Board members, and Urban Design and Planning Manager Ella Parker introduced the Staff members present. Assistant City Attorney

D’Wayne Spence explained the quasi-judicial process used by the Board.

Chair McTigue stated that Applicants and their agents are allowed 15 minutes to present their items; representatives of associations or groups are allowed five minutes to speak, and individuals are allowed three minutes.

II. APPROVAL OF MINUTES

Motion made by Mr. Welch, seconded by Mr. Ferber, to approve. In a voice vote, the motion passed unanimously.

III. AGENDA ITEMS

Index Case Number Applicant

1. T14013* City of Fort Lauderdale / Unified Land Development Regulations (ULDR) Amendment

2. PL14011** New Prime Land, LLC / “New Prime Land” Plat 3. PL14009** McElliot Development Inc. / “Jacob’s Hammock” Plat 4. Z14007** * Broward County Board of County Commissioners /

Broward Addiction Recovery Center (BARC)

Special Notes: Local Planning Agency (LPA) items (*) – In these cases, the Planning and Zoning Board will act as the Local Planning Agency (LPA). Recommendation of approval will include a finding of consistency with the City’s Comprehensive Plan and the criteria for rezoning (in the case of rezoning reques ts). Quasi-Judicial items (**) – Board members disclose any communication or site visit they have had pursuant to Section 47-1.13 of the ULDR. All persons speaking on quasi-judicial matters will be sworn in and will be subject to cross -examination.

1. Applicant / Project: City of Fort Lauderdale / Unified Land Development Regulations (ULDR) Amendment

Request: * Amendments to ULDR Section 47-21, Landscaping and Tree

Preservation Requirements, to provide for requirements for Florida -Friendly

Landscaping

TM criteria.

Case Number: T14013

General Location: City-wide Case Planner: Anthony Fajardo / Adrienne Ehle / Kimberly Pearson

Commission District: City-wide

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Kimberly Pearson, Chief Landscape Plans Examiner, explained that the Item includes amendments to the City’s Tree Code that will incorporate Florida-friendly landscape principles, including decreased water consumption, into Code. It represents a

collaborative effort between the Public Works Department and the Department of Sustainable Development to lower water use for landscape requirements.

Ms. Tuggle arrived at 6:36 p.m.

Gene Dempsey, City Forester, stated that the amendment is part of the first phase of a revision to the Landscape Ordinance. At present, roughly 50% of water used by the City

goes toward irrigation of landscaping. He cited multiple efforts by Broward County, the South Florida Water District, the State of Florida, and other environmental entities encouraging reduced water use, which is also promoted by the City’s Strategic Plan.

The amendment will also align the City more closely with Broward County architects and professionals who are designing local landscapes.

Mr. Dempsey described Florida-friendly landscaping as including the following key principles:

1. Right plant, right place 2. Water efficiency

3. Appropriate fertilization 4. Use of organic mulch 5. Reduce stormwater runoff

6. Protect the waterfront 7. Attract wildlife

8. Responsible pest management 9. Recycling yard waste

Some of the major topics addressed in the Landscape Ordinance were aligned with efforts by other government agencies, including the Florida Department of

Environmental Protection and South Florida Water Management. The Ordinance will also address the measurement of trees, increase the percentage of native plants used in landscaping, reduce the amount of turf grass, and require street trees in all zoning

districts. Irrigation systems will be designed to meet plant needs. Definitions are updated and clarified to focus on sustainability, address the tree canopy, and reflect the

standards of sustainability promoted by the City’s Vision Plan. Adrienne Ehle, representing the Public Works Department, reviewed the City’s outreach

process, which began in June as a conference meeting presentation to City Commission focusing on Florida-friendly principles for sustaining the City’s long-term

water supply. In September, the City reached out to several landscape architects including meetings scheduled upon request and created the ordinance web page, followed by an open house in October and a presentation to the Council of Fort

Lauderdale Civic Associations. Comments from the public were incorporated into the proposed revision. Next steps include two appearances before the City Commission.

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Mr. McCulla expressed concern with the proposed amendment, asking at what point in the permitting process a property owner would be required to comply with the amended

Ordinance. Ms. Pearson explained that if an owner’s plans for his or her property include improvements that cross a set threshold, they must comply with the Ordinance.

Ms. Parker clarified that this could include improvements to more than 50% of the property or its value.

Mr. McCulla asserted that he did not support the level of regulation included in the proposed amendment. Mr. Ferber agreed with Mr. McCulla, stating that he felt the

existing Ordinance overstepped the boundaries of a Supreme Court ruling related to the police powers of a municipality.

Ms. Parker clarified that while the use of gray water is not mentioned in the current amendment, it may be included in future considerations as a means to improve

sustainability. Mr. McCulla emphasized the need to address gray water in the City’s landscaping strategy. Chief Zoning Examiner Mohammed Malik added that some strategies will be implemented over a longer time frame.

There being no further questions from the Board at this time, Chair McTigue opened the

public hearing. Dennis Ulmer, private citizen, stated that he had attended the open house held by City

Staff on October 14, 2014. He felt the amendment will provide the City with best practices from the Broward County Code of Ordinances and bring the City closer to the

goals and objectives of its Strategic Plan. He recommended approval of the proposed amendment.

As there were no other members of the public wishing to speak on this Item, Chair McTigue closed the public hearing and brought the discussion back to the Board.

Motion made by Vice Chair Hansen, seconded by Mr. Welch, to approve. In a roll call vote, the motion passed 5-2 (Mr. Ferber and Mr. McCulla dissenting).

2. Applicant / Project: New Prime Land, LLC. / “New Prime Land” Plat

Request: ** Plat Approval

Case Number: PL14011

General Location: 1300 SE 17

th Street

Case Planner: Yvonne Redding

Commission District: 4

Disclosures were made, and any members of the public wishing to speak on this Item were sworn in.

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Jerry McLaughlin, representing the Applicant, advised that the proposed plat will be restricted to a maximum of 30,000 sq. ft. of commercial space. No site plan is available

thus far. The plat has been reviewed by the Development Review Committee (DRC), and the Applicant has addressed the Committee’s comments.

Tom Lodge, representing Urban Design and Planning, stated that the parcel consists of .68 acre. Staff recommends approval of the Application.

There being no questions from the Board at this time, Chair McTigue opened the public

hearing. As there were no members of the public wishing to speak on this Item, Chair McTigue closed the public hearing and brought the discussion back to the Board. Motion made by Mr. Witschen, seconded by Mr. Welch, to approve. In a roll call vote, the motion passed 7-0.

3. Applicant / Project: McElliot Development Inc. / “Jacob’s Hammock” Plat

Request: ** Plat Approval

Case Number: PL14009

General Location: 1429 SW 31

st Court

Case Planner: Thomas Lodge



Mr. McLaughlin, representing the Applicant, advised that the subject property is currently vacant and is zoned RD-15. The plat will be restricted to six townhouse-type

units. The site plan is not currently available. All comments made by the DRC have been addressed by the Applicant.

It was clarified that while notice was posted in the surrounding neighborhood, it did not specifically refer to plans for six town homes.

Mr. Lodge stated that the subject parcel consists of .43 acre. The Applicant will dedicate a 5 ft. right-of-way along SW 21st Court. Staff recommends approval of the Application.

There being no questions from the Board at this time, Chair McTigue opened the public

hearing. As there were no members of the public wishing to speak on this Item, Chair McTigue closed the public hearing and brought the discussion back to the Board. Motion made by Mr. Witschen, seconded by Mr. McCulla, to approve. In a roll call vote, the motion passed 7-0.

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4. Applicant / Project: Broward County Board of County Commissioners / Broward Addiction

Recovery Center (BARC) Request: ** * Rezone from Heavy Commercial/ Light Industrial (B-3) to Community

Facility (CF)

Case Number: Z14007

General Location: 325 SW 28th Street

Legal Description: A Parcel of Land Being All of Lots 1, 2, 3, 4, 5, 6, 22, 23, 24 and 25,

Block 12 of the Corrected Plat of Everglades Land Sales Company’s Second Addition to Lauderdale, Florida, as recorded in Plat Book 1, Page 52, of the Public Records of Miami-Dade County, Florida, and a Portion of that Certain Vacated Alley per City of Fort Lauderdale Ordinance No. C-92-22, as Recorded in Official Records Book 19751, Page 442 of the Public Records of Broward County, Florida.

Case Planner: Eric Engmann



Scott Backman, representing the Applicant, explained that the Application would rezone a parcel owned by Broward County that is the intended site of the Broward Addiction

and Recovery Center (BARC). The Broward County Commission and the Fort Lauderdale City Commission have entered into an interlocal agreement that requires the rezoning of a portion of this property from B-3 to Community Facility (CF). The site

plan for the property is currently being reviewed by the DRC. The Applicant agrees with all of Staff’s recommendations.

Eric Engmann, representing Urban Design and Planning, stated that the portion of property to be rezoned consists of 1.64 acres. He described the parcel’s location, noting

that the site’s remaining 1.17 acres are already zoned CF. The site is located in an established sector of CF properties, including uses such as government services and

schools. CF zoning and uses also exist to the north and west of the property, with industrial zoning and uses to the south and east. The nearest residential property is more than .25 mile from the subject site.

The rezoning will allow for greater separation of the proposed Social Service Residential

Facility (SSRF) use from other uses located to the west. Staff recommends approval of the Application. Mr. Engmann noted that Staff has received six letters in opposition to the project, which are available in the backup materials.

Chair McTigue requested clarification of the proposed facility’s proximity to a school. Mr.

Engmann confirmed that the property is located 1500 ft. from a child care facility. Mr. Backman pointed out, however, that any day care facility located at the alternative high school is not considered a child day care facility in the ULDR.

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Attorney Spence clarified that the Item before the Board is not approval of an SSRF, but a rezoning. Three criteria must be met for its approval:

1. Consistency with the City’s Comprehensive Plan 2. Substantial changes in the character of development in or near the area

support the proposed rezoning 3. The character of the area is suitable for the uses permitted within the

proposed zoning district and compatible with surrounding districts and

uses

He noted that while not all the materials provided by the Applicant are relevant to the rezoning request, they will be relevant to future site plan approval. Mr. Engmann added that a conditional use application for the property will come before the Board at a future

meeting, and will include the site plan.

There being no further questions from the Board at this time, Chair McTigue opened the public hearing.

Kelly Allen, private citizen, stated that she owns several properties in the industrial park bordering the subject property. She opposed the request because she felt the area was

not suitable for the facility, as it includes little parking, insufficient securi ty, and a concealed railroad spur. She concluded that most nearby businesses are unaware of the proposed facility, and requested meetings between these businesses and the

Applicant.

Cliff Iacino, President of the Edgewood Civic Association, said he felt the County is attempting to convert the entire City block into a campus. He felt the primary issue was one of safety, noting the proximity of the alternative school to the proposed facility, and

requested that the Board not approve of the Application.

Lois Wexler, County Commissioner, advised that the criteria for approval of the Application have been met, and requested that the Board vote to approve it.

Debbie Mast, private citizen, read a letter she had written to the Board requesting that approval of the Application be denied, as the business community has not had an

opportunity to address its concerns with the proposed rezoning. She also noted the proximity of a public school, a sports facility, and a public park to the proposed facility.

Rocky Rodriguez, President of the Broward County Substance Abuse Advisory Board, stated that BARC has provided detoxification and outpatient services for over 40 years.

He emphasized its positive impact on the community, and pointed out that it has existed in a residential neighborhood without any major incidents.

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Don Maines, Vice President of the BARC Advisory Board, noted that crime statistics may be inflated because the existing facility is located near the Fort Lauderdale Police Department. He pointed out that 40% of clients served by BARC live within the City.

As there were no other members of the public wishing to speak on this Item, Chair

McTigue closed the public hearing and brought the discussion back to the Board. It was emphasized that the only issue before the Board was the proposed rezoning,

which would make the parcel more compatible with the surrounding neighborhood. Use of the site was not under consideration at this time.

Motion made by Ms. Tuggle, seconded by Vice Chair Hansen, to approve. In a roll call vote, the motion passed 6-1 (Mr. McCulla dissenting).

IV. COMMUNICATION TO THE CITY COMMISSION

Motion made by Mr. Witschen, seconded by Vice Chair Hansen, that the Board was

interested when Staff recommended the passage of the Florida-friendly landscape

Ordinance, that there also be other water-saving initiatives considered, which would place further emphasis on the reuse of water. In a voice vote, the motion passed

unanimously.

V. FOR THE GOOD OF THE CITY OF FORT LAUDERDALE

Chair McTigue advised that Ms. Tuggle will resign from the Board following tonight’s

meeting, as she will be moving. This is also Mr. Welch’s final meeting as a Board member. Chair McTigue thanked both members for their years of service.

The Board agreed by unanimous consensus that the January meeting will be held on Tuesday, January 20, 2015.

There being no further business to come before the Board at this time, the meeting was adjourned at 7:55 p.m.

Any written public comments made 48 hours prior to the meeting regarding items

discussed during the proceedings have been attached hereto.

Chair

Prototype

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[Minutes prepared by K. McGuire, Prototype, Inc.]

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CITY OF FORT LAUDERDALE STAFF REPORT

PLANNING & ZONING BOARD November 19, 2014

Exhibit 1 15-0017

REQUEST: Amendment to the City’s Unified Land Development Regulations (ULDR); Section 47-21;

Landscape and Tree Preservation Requirements.

Case Number T14013

Applicant City of Fort Lauderdale

General Location City-wide

Applicable ULDR Sections Section 47-21 LANDSCAPE AND TREE PRESERVATION REQUIREMENTS

Notification Requirements 10-day legal advertisement

Action Required Recommend approval or denial to the City Commission

Project Planner(s)

Anthony Fajardo, Zoning Administrator Department of Sustainable Development

Adrienne Ehle, Environmental Analyst, Public Works Department, Sustainability Division

PROJECT DESCRIPTION / BACKGROUND: The proposed amendment modifies the Landscape and Tree Preservation Requirements section of the City of Fort Lauderdale’s Unified Land Development Regulations (ULDR) to incorporate Florida-Friendly Landscaping™ principles to further the sustainability efforts of the City’s long-term water supply.

In order to for the City to meet its consumptive use permit requirements, staff has analyzed criteria to identify ways to minimize water use and potential negative impacts to our environment. Regulations that guide appropriate irrigation are one mechanism to improve water conservation.

Current ULDR regulations do not adequately address landscaping that is adapted to the local climate. This amendment will increase the amount of trees and plants which are specifically adapted to the local climate through specific criteria, adding to the resilience of landscaping city-wide by reducing the amount of irrigation required to maintain healthy landscapes, and thus furthering the City’s efforts to address water conservation.

Throughout the proposed ordinance language many of the definitions and criteria have been modeled after best practice examples from Broward County Code of Ordinances and are intended to meet regulations as set forth below:

- City of Fort Lauderdale’s Consumptive Use Permit (CUP) and Water Conservation Plan - South Florida Water Management District’s Water Conservation Program Plan - State of Florida’s Conserve Florida Program - FDEP National Pollutant Discharge Elimination System (NPDES) permit mandated by the Clean

Water Act (CWA) and implemented by Code of Federal Regulations (CFR) and State of Florida Municipal Separate Storm Sewer System Permit (MS4)

There are a total of nine (9) Florida-Friendly Landscaping™ principles. The following first seven (7) highlighted in bold, are addressed in this proposed ordinance:

1. Right Plant, Right Place2. Water Efficiently3. Fertilize Appropriately4. Mulch5. Reduce Stormwater Runoff6. Protect the Waterfront7. Attract Wildlife8. Manage Yard Pests Responsibly9. Recycle Yard Waste

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Water Quality and Quantity CASE # T14013 Exhibit 1

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On June 17, 2014 staff attended the City Commission Conference meeting to present a summary of regulatory aspects for water usage within the City of Fort Lauderdale and descriptions of the Florida-Friendly Landscaping™ principles. Included as part of this presentation were examples of images depicting local, colorful Florida-Friendly Landscaping™ currently thriving in locations throughout the City. Discussion followed with questions from neighbors and the Commissioners resulting in direction from the City Commission for staff to host a public meeting to gain further input from the local landscape community.

Public Outreach The Public Works Department, Sustainability Division (PW-Sustainability) hosted a public Open House on October 14, 2014. Neighbors, landscape architects and industry professionals as well as neighborhood associations and members from the business community were invited to discuss proposed amendments in detail. One month in advance of the Open House meeting proposed amendment documents were posted for public review, accessible on the City’s website at:

http://www.fortlauderdale.gov/news/2014/101414florida-friendly.htm.

During the meeting the landscape principles were introduced and the proposed amendments were presented. Staff panelists from PW-Sustainability and Department of Sustainable Development were available to respond to questions from the audience. Following the Open House, PW-Sustainability staff made a similar presentation to the Council of Civic Associations. In addition, staff presented the item to the Sustainability Advisory Board (SAB), on their October 27, 2014 agenda. The SAB voted to send a communication to the Commission in support of the ordinance modifications.

Input and written recommendations were collectively obtained from neighbors, landscape architects, other local industry professionals and the National Wildlife Federation. These written comments resulted from various outreach mechanisms including Open House comment cards, individual emails sent to staff, and one-on-one meetings with landscape architects and were incorporated into the proposed draft ordinance.

It should be noted that some comments and suggestions made by members of the public, landscape architects and other industry professionals do not directly relate to the efforts of this amendment to address Florida-Friendly Landscaping™. However, staff has kept these comments and will be incorporating them into future amendments to the landscape ordinance where feasible as this effort is a phased approach with phase 1 focusing on Florida-Friendly Landscaping™ and phase 2 addressing other general issues regarding landscaping.

PROPOSED ORDINANCE CRITERIA: To further support sustainability principles, water conservation, and preservation of tree canopy, staff has analyzed criteria to identify ways to balance landscaping goals relative to provisions for low-water requirements, colorful landscaping, and native plants that support local wildlife and pollinators as well as visiting migratory bird species. An overview of the proposed ordinance changes include:

A) Updated terminology to be current with Florida-Friendly Landscaping™ principles and landscapeindustry standards, and improved irrigation practices.

B) Improved alignment with existing Florida Department of Environmental Protection and Browardcriteria

1.

C) Upgraded criteria to reflect standards that further support sustainability principles, wildlife,pollinators (i.e. butterflies, bees), migratory birds, and preservation of the tree canopy.

D) Includes recommended species that can thrive in South Florida while adding variation toward thecolor palette along with nectar-producing plants.

The Summary of Proposed Ordinance Amendments to Incorporate Florida-Friendly Landscaping™ Principles is attached as Exhibit 1.

1 Broward County Code of Ordinances, Volume II, Chapter 39 Zoning, Article VIII. Landscaping for Protection of

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http://www.fortlauderdale.gov/news/2014/101414florida-friendly.htm

CASE # T14013 Exhibit 1 15-0017

The following is a general breakdown of the proposed amendment:

Terms and Definitions Section 47-21.2 is expanded to provide additional clarity and understanding of new and existing terms and definitions. Twenty-six (26) proposed definitions are new and/or revised including:

Biological control; Bioretention; Caliper; Canopy; Clear trunk; Florida-Friendly Landscaping™; Hydrozone; Integrated pest management; Irrigation System; Irrigation Zone; Landscape or landscaping; Lawn/turf/sod; Low impact site design practices; Native vegetation; Nectar-producing plant; Palm; Parking garage; Pervious paving materials; Plant bed; Plant communities; Plant palette; Planting plan; Point of connection ("POC"); Runoff; Site appropriate plant; Tree Canopy Trust Fund.

New sections added include:

Sec 47-21.3. General provisions and design standards.

Sec. 47-21.7. Soils.

Sec. 47-21.8. Appropriate plant, sod, and tree selection, location, and arrangement.

The criteria as identified herein will provide more defined criteria for application and use of sustainability and Florida-Friendly Landscaping™ principles. To review the proposed draft ordinance amendments in their entirety please see Exhibit 2.

This ULDR amendment advances Fast Forward Fort Lauderdale: Our City, Our Vision 2035 direction: We Are Here and supports the Press Play: Fort Lauderdale: Our City, Our Strategic Plan 2018 initiative, included in the Public Places Cylinder of Excellence, specifically advancing:

Goal 3: Be a community that finds opportunities and leverages partnerships to create unique, inviting, and connected gathering places that highlight our beaches, waterways, urban areas, and parks.

Objective 2: Enhance the City’s identity and appearance through well-maintained green space, parks, major corridors, gateways, and medians.

Initiative 3: Continue Florida-Friendly landscaping and create wildlife gardens.

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Internal Support Cylinder of Excellence, specifically advancing:

Goal 12: Be a leading government organization, managing resources wisely and sustainably.

Objective 3: Provide safe, efficient and well-maintained vehicles, equipment and facilities and integrate sustainability into daily operations.

Initiative 1: Continue to use Florida-friendly and drought-tolerant landscaping at all City facilities to conserve water.

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Sustainability Action Plan, Chapter 3: Water

Goal 1: Reduce Water Demand by 20% by 2020

Objective 1.1: Incentive, encourage and enforce water conservation.

Action 1.1.3: Implement and enforce landscape ordinance low-volume/avoidance watering.

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CASE # T14013 Exhibit 1 15-0017

CONSISTENCY WITH COMPREHENSIVE PLAN: Staff has determined the proposed amendments described herein are consistent with the City’s Comprehensive Plan. The specific Goals, Objectives and Policies are as follows:

ELEMENT: Conservation Element GOAL: Goal 1 OBJECTIVE: Objective 1.9 POLICIES: Policy 1.9.2

This amendment generally furthers the above by reducing the amount of water necessary for irrigation through accepted Florida-Friendly Landscaping™ principles that require vegetation that is adapted to the South Florida climate.

PLANNING and ZONING BOARD REVIEW OPTIONS: The Planning and Zoning Board acting as the Local Planning Agency shall determine whether the proposed change is consistent with the City of Fort Lauderdale’s Comprehensive Plan and whether the Planning and Zoning Board recommends approval of the proposed amendments to the City Commission.

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15-0017 - commission agenda memo #15-0017city commission agenda memo #15-0017 regular meeting to:...

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