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P.H. 2025-51: (PUBLIC HEARING 1ST READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 155, “ZONING CODE,” OF THE POMPANO BEACH CODE OF ORDINANCES, BY AMENDING SECTION 155.2411., “TREE PERMIT,” SECTION 155.2421., “ADMINISTRATIVE ADJUSTMENT,” SECTION 155.5203., “LANDSCAPING,” AND SECTION 155.5204., “TREE PRESERVATION,” TO CLARIFY AND INTRODUCE LANDSCAPING INDUSTRY STANDARDS AND BEST PRACTICES AND INCORPORATE STATUTORY REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
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(Staff Contact: Max Wemyss)
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Summary Explanation/Background:
The Planning and Zoning and Urban Forestry Divisions have maintained a list of desired Code amendments for the Landscape Code. The purpose of the amendments is to clarify what is already required by Code, introduce expected industry standards or learned best practices, and to adjust to changes in State Statutes.
Summary of Changes:
Application requirements for an appraisal-When a tree permit is required (removal or relocation), an appraisal for mitigation is required. An arborist performs a tree appraisal. Presently, our code includes the permission for a landscape architect to complete the appraisal, but this often results in inaccurate reporting. To mitigate this, and to correct our code, we have proposed to strike landscape architect as a permitted author for a tree appraisal.
Allowable Administrative Adjustment - At the base of a building, between the foundation and the edge of a driveway or parking lot, a certain width of landscaped area is required, depending on the height of the building. Typically, this is between 15 and 24 feet. On smaller lots or where development is larger and/or requires significant parking, this width may be burdensome. Our Code currently allows for reductions in this width, and we support maintaining this permission. The concern is when the width is reduced to a point that it is not sufficient for the landscaping that is required in this area (not enough soil to support the health of a tree, etc). Therefore, we propose continuing to allow these reductions but never reducing that width below 8 feet, which is a generally acceptable width for a planting area. All other site requirements must still be met, such as pervious area and number of trees and shrubs.
Development without a prior Landscape Plan on Record (Retroactive Landscape Plan requirements) - For older developments that may not have an approved landscaping plan on file, we require the establishment of a retroactive landscape plan at the time of applications for similar or relevant work, such as substantial modifications to paved areas or building additions. As these developments are well established, it may be difficult to require canopy trees due to insufficient planting widths. Therefore, we are proposing to accept clusters of palms in lieu of canopy trees for these unique circumstances.
Separation from site lighting - It is important that trees are separated from site lighting so as not to obstruct the lighting with tree canopy. However, palms or understory trees have less of an impact on obstructing light from the source and are proposed to be permitted closer to pole-mounted lighting than a canopy tree.
Root barriers - Where canopy trees are planted close to a sidewalk or parking lot, the roots are prone to damage the paved area. It is standard practice to install a root barrier product in these circumstances. However, if a developer is not the long-term operator of the site, they may not be interested in installing such a feature, resulting in a long-term problem for any future tenant or owner. Therefore, we propose to make this a codified requirement.
Irrigation Systems required for new tree installations - While an established tree may not require an irrigation system to survive, due to an established root system, newly planted or transplanted trees do require irrigation to survive. Therefore, we are proposing to require the use of a temporary bubbler irrigation system, consistent with this standard practice.
Tree Preservation/Removals - To maintain consistency with Florida Statute 163.045, we have incorporated the exact language of the statute. This ensures that should a property owner have a tree that poses an unacceptable risk and removal is the only means of mitigation, as determined by a certified arborist, the tree may be removed and mitigation will not be required. For certainty, we have used the exact language of the State Statute.
Tree Relocation - While relocations off-site have always been permitted, we have clarified that the relocations may be to public or private land, with written authorization by the property owner, and that the tree should be located in a way that is as public-facing as practical.
Tree Replacement - The calculation of values for the purpose of tree mitigation was previously limited to a category of "tree" or "specimen tree". To better reflect the reality of values for differing tree types, and to reflect our standard practice, we are proposing to include calculation methods for understory and palm trees within the Ordinance.
Tree Abuse - This section has been rephrased to prioritize the restoration of any abused tree prior to resorting to mitigation.
The amendments have been presented to the Economic Development Council and received a recommendation for approval from the Planning and Zoning Board. The proposed amendments are supported by our Comprehensive Plan, do not conflict with our Code of Ordinances, and are consistent with the intent and purposes of the Zoning Code.
Origin of request for this action: Development Services
Fiscal impact and source of funding: N/A
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