Item Coversheet

9.

CITY OF STUART, FLORIDA
AGENDA ITEM REQUEST
CITY COMMISSION

Meeting Date:  3/9/2020 

Prepared by:  Kev Freeman

Title of Item:

AMENDMENT TO CITY TREE REPLACEMENT CODE TO COMPLY WITH STATE STATUTE AND TO INCORPORATE INNOVATIVE STORMWATER DESIGN. (RC):

 

ORDINANCE No. 2432-2020; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, AMENDING THE EXISTING CHAPTER V OF THE CITY’S LAND DEVELOPMENT CODE ENTITLED ‘RESOURCE PROTECTION RELATED DEVELOPMENT STANDARDS’ TO COMPLY WITH STATE STATUTE REGARDING TREE REMOVAL PERMITS AND TO PROMOTE INNOVATIVE STORMWATER TREATMENT AND LOW IMPACT DEVELOPMENT PRACTICES AND TO ALLOW THE CITY’S TREE REPLACEMENT FUND TO BE UTILIZED FOR INNOVATIVE STORMWATER TREATMENT SYSTEMS ON PUBLIC LANDS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 


Summary Explanation/Background Information on Agenda Request:

This amendment to the land development code sets out the following changes:

 

1. Compliance with HB1159 (adopted as Florida Statute Section 163.45) which prevents a municipality from requiring a tree removal permit on residential properties when an arborist or landscape architect provides documentation that the tree presents a danger to persons or property.

 

2. Promote the implementation of Innovative Stormwater Design. This amendment allows credits to the required tree mitigation to be allowed subject to the removal of certain percentages of Nitrates and Phosphates on site. The higher the amount of removal the higher the potential credit. The amount of credit is based on the probable cost of construction of the additional stormwater treatment installation.

 

3. Promote the use of Low Impact Development (LID) practices that incorporate practices such as bio-swales, rain gardens and pervious pavements. This amendment allows credits to the required tree mitigation. Reference material published by the University of Florida IFAS and entitled Field Guide to Low Impact Development (2008) is attached.

 

4. Promote additional tree canopy coverage by the use of shade trees within landscape design. This amendment allows credits to the required tree replacement fund based on the proportion of tree canopy coverage provided.

 

5. Promote a natural habitat environment by providing that additional inches required under the tree replacement calculation may be credited through the planting of native understory shrubs that are made in addition to landscaping code requirements. Credit is calculated based on shrub size.

 

6. Extend the use of the City's Tree Replacement fund to include potential use of the fund for innovative stormwater treatment and living shoreline projects within the City's right of way and City property.

 

This item was heard by the Local Planning Agency on February 20, 2020, and was recommended for approval The LPA had comments regarding the use of palms to replace slash pine. The ordinance has been amended to expand the potential to use additional trees and shrub species.

 



Funding Source:

N/A

 



Recommended Action:

Motion to Approve

 

ATTACHMENTS:
DescriptionUpload DateType
Ord 2432-2020; Amendment to Tree Removal and Tree Replacement2/27/2020Ordinance add to Y drive
House of Representatives Memo HB11591/24/2020Backup Material
Florida Statutes addopting HB 11593/2/2020Backup Material
LID- IFAS Bio Swales1/29/2020Backup Material
LID- IFAS Bio Retention1/29/2020Backup Material
LID- IFAS Cisterns1/29/2020Backup Material
LID- IFAS Stormwater Basins1/29/2020Backup Material
LID- IFAS Exfiltration1/29/2020Backup Material
LID- IFAS Eco Roofs1/29/2020Backup Material
LID- IFAS Site Preparation1/29/2020Backup Material
LID- IFAS Permeable Surfaces1/29/2020Backup Material
LID- IFAS Resoure Efficiency1/29/2020Backup Material
LID- IFAS Moisture Sensors1/29/2020Backup Material
LID- IFAS Stormwater Reuse1/29/2020Backup Material