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Home My WebLink AboutO-97-15ORDINANCE NO. O-97~15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-13.6.E., 20A- 13.7.B., 20A-13.10.D., 20A-13.14., 20A-13.16., AND 20A-13.17. OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATED TO TREES WITHIN REQUIRED LANDSCAPE STRIP, LOCATION OF LANDSCAPE STRIP, INTERIOR LANDSCAPING REQUIREMENTS, REQUIRED LANDSCAPE PLAN SUBMITTAL, MAINTENANCE REQUIREMENTS INCLUDING IRRIGATION, VARIANCES; SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR THE BUILDING OFFICIAL, CITY ENGINEER AND CITY CLERK; SUBSTITUTING THE PLANNING AND ZONING COMMISSION FOR THE CITY COUNCIL; SUBSTITUTING THE STAFF FOR THE URBAN FORESTER; CORRECTING THE TITLE OF Tl~ BOARD OF ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding trees within required landscape strip, location of landscape strip, interior landscaping requirements, required landscape plan submittal, maintenance requirements including irrigation, and variances by clarifying the role of the Community Development Director, Planning and Zoning Commission and the staff, and WltEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-13.6E of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: E. Credit.for existing trees. Credit shall be granted for trees which are preserved on a site and which meet the tree requirements of any landscaping provision of this article. Where a tree is of exceptional quality, as determined by the Community Development Director and the chairman of the Tree Advisory Board, a two-tree credit for the preserved tree may be granted. Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree, vigorous health, large canopy cover, historic value, rareness, and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are in declining health. Section 2. Section 20A-13.7.B. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: B. Adjustments in alignment of landscape strip. Landscape strips, when required in easements, may be adjusted by the Community Development director. A decision on any related issue in dispute shall be resolved by the Planning and Zoning Commission after considering the technical advice of the staff. Section :3. Section 20A-13.10.D. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: D. Landscape specifications for nonvehicular open space. All nonvehicular open spaces on any developed site in all zoning districts, except for single-family detached dwellings, shall conform to the minimum landscaping requirements herein provided unless requirements of a stricter nature are specified elsewhere. Nonvehicular open space shall include all required open space in this code, pursuant to the review of site plans. Such nonvehicular open space areas shall not include water areas. This requirement may be waived by the Community Development Director for nonvehicular open areas which are inappropriate for the introduction of trees. Grass, ground cover, shrubs, and other landscaping materials shall be used to treat all ground not covered by building, paving, or other structures. All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. Trees shall be planted in the nonvehicular open space to meet the following requirements: Percentage of Site m Nonvehicular Open Space ~ O.S.) Tree Requirement Less than 30 30 - 39 40 - 49 50 - 59 60 or more 1 tree/2000 sq. fi. N.O.S. I tree/2500 sq. fi. N.O.S. 1 tree/3000 sq. fi. N.O.S. 1 tree/3500 sq. f. NO.S. 1 tree/4000 sq. ft. N.O.S. Section 4. Section 20A-13.14. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-13.14. Required landscape plan submittal. A. Landscape plan components. A landscape plan shall be submitted to and approved by the Community Development Director prior to the issuance of a building or paving permit. The landscape plan shall contain the following: 101 11. 12. 13. Name, address and phone number of the owner and designer. North arrow, scale and date; minimum scale of one inch equals fifty (50) feet. Property lines, easements and rights-of-way with internal and property line dimensions. Location of existing or proposed utility service. Location and size of any existing or proposed structures. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas. Location and size of any existing or proposed vehicular use areas. Location and size of any existing or proposed sidewalks, curbs and wheel stops. Location of sprinkler heads, hose bibs or quick cupplers and other information on irrigation. Calculations of required type, dimensions and square footage of landscape material and of required landscape areas, including: total site area, parking areas, other vehicular use area, percentage of nonvehicular open space, perimeter and interior landscape strips, and required number of trees. Location of required landscape areas and dimensions. Location, name, height and size of all existing plant material to be retained. Location, size, height and description of all landscape material including name, quantity, quality, spacing and specified size and specification of all plant material. 14. Height, width, type, material and location of all barriers of nonliving material. 15. Location, dimensions and area of landscaping for freestanding signs. 16. Show all landscaping, buildings or other improvements on adjacent property within five (5) feet of the common property line. The landscaping plan shall be drawn by a landscape architect or other person with comparable qualification in the field of landscaping. B. Review and approvalprocedure. Plot plans shall be reviewed and approved by the Community Development Director or such city official as may deemed advisable by the city manager . A representative of the Community Development department shall inspect all landscaping and no certificate of approval and occupancy shall be issued until the landscaping is completed in accordance with the submitted plot plan and the requirements of this section. A decision on any related issue in dispute shall be resolved by Planning and Zoning Commission after considering competent evidence. Section 5. Section 20A-13.16. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-13.16. Maintenance reqnirements, including irrigation. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the Community Development Director. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the Community Development Director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. Section 6. Section 20A-13.17. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-13.17. Variances. A. Application. An application for variance of the standards of this ordinance shall be filed with and heard by the board of adjustments and said application shall: Be filed on forms provided by the Community Development Director. 2.State clearly and in detail the variance requested and reasons therefor. 3.Be accompanied by sketches, surveys and statistical information. 4. Be accompanied by an application fee, the amount of which shall be determined by the resolution of the city council. 5.Be executed and sworn to by the owner or authorized agent. B. Criteria for approval. The board of adjustments may approve or grant said variance only if it determines that said variance is not contrary to the intent of this ordinance and that a literal enforcement of the standards of this ordinance would be impracticable and would result in an unreasonable and unnecessary hardship. Section 7. CODI~FICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section8. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section9. SEVERABILITY. if any clause, section, or other part or' application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 10. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF c'~,C~/z~.,~-~, 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS/__/dDAY OF ~//~gc// , 1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: of Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this ~'~/g_g/ ,1997. fJ)// CITY OF SEBASTIAN, FLORIDA /~/ day Walter W. Barnes, Mayor ATTEST: gaithryn M, .O~_alloran, CMC/AAE ,~ppr0~d &s to ~Fo'r~ and Content: City ^ttor ,y 8