Item W2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19,2002
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: Public hearing to adopt an ordinance amending Chapter 9.5,
Sections 364, 367, 379, and 382 of the Monroe County Code in order to promote xeriscape landscaping
and to expand the list of prohibited invasive exotic vegetation.
ITEM BACKGROUND: The item includes minor amendments to add information identifying
drought and salt tolerant native plant species in order to promote xeriscape landscaping, i~cluding
clarification that required district boundary bufferyards, scenic corridors and major street buffers be
composed of 70% native vegetation, and to add to the list of prohibited invasive exotic vegetation.
These amendments are requested to satisfy Year 2010 Comprehensive Plan requirements pertaining to
xeriscape landscaping
PREVIOUS REVELANT BOCC ACTION:
Plan on April 15, 1993.
The BOCC adopted the Year 2010 Comprehensive
CONTRACT/AGREEMENT CHANGES:
Not applicable
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
None
BUDGETED: Yes
No X
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No X AMOUNTPERMONTHN/A
Year N/A
APPROVED BY: County Atty l
DOCUMENTATION:
Included X
DIVISION DIRECTOR APPROVAL:
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # ~~__
Revised 2/27/0 I
PROPOSED ORDINANCE
ORDINANCE No._
AN ORDINANCE AMENDING THE MONROE COUNTY CODE, CHAPTER 9.5,
SECTIONS 364, 367, 379, AND 382, PERTAINING TO LANDSCAPING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Planning and Environmental Resources Department is
proposing amendments to the Monroe County Land Development Regulations pertaining to,
landscaping in order to promote xeriscape landscaping in accordance with the Year 2010
Comprehensive Plan and to expand the list of prohibited invasive exotic vegetation; and
WHEREAS, at a regular meeting on May 2, 2002, the Development Review Committee
considered the proposal and recommended approval of the proposed amendments to the Planning
Commission in Resolution No. D07-02; and
WHEREAS, at a regular meeting on May 8, 2002, the Monroe County Planning
Commission, sitting as the local planning agency, after due notice and public participation in the
public hearing process, conducted a public hearing and recommended approval of the proposed
amendments to the Board in Resolution No. P34-02; and
WHEREAS, based on the above findings, the Board has determined that it is necessary
and desirable to amend the above referenced Land Development Regulations; and
NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Sections 9.5-364, 9.5-367, 9.5-379 and 9.5-382 of the Monroe County Land
Development Regulations are hereby amended to read as shown on attached "Exhibit I":
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder ofthis ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. The provision of this ordinance shall take effect when acknowledgment of its receipt
for filing in the Office of the Secretary of State of the State of Florida has been received and when
it has been approved by the State Land Planning Agency pursuant to F.S. 380.0552(9).
Page I of2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the _ day of , 20_
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRMAN
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
APP-:'SVED AS TO FORM
I~U= Cy
~.,. . ~_ _~ ~ .c.~.
Attorney's Office
DEPUTY CLERK
Page 2 of2
BOCC Ordinance Exhibit 1
Amendments to MCC Sections 9.5-364, 9.5-367, 9.5-379, and 9.5-382 are shown below in
strikethRJ I underline format.
Sec. 9.5-364. Landscaping installation criteria.
(a) All plant material shall be free of disease and shall be one of the species shown in section 9.5-
367 or shall be certified by the county biologist as native or tropical in character.
(b) All plant material shall be installed in a fashion that ensures the availability of sufficient soil
and water to sustain healthy growth.
(c) All plant material shall be planted with a minimum of six (6) inches of organic soil and
mulched to a depth of three (3) inches. All trees shall be properly guyed or staked at the time of
planting.
(d) All plant material shall be planted in a manner which is not intrusive to utilities or pavement.
(e) A performance bond shall be posted to ensure replacement of plant material that dies within
twenty- four (24) months of installation.
(~ Seventy (70) percent of the plant material used to satisfy landscaping requirements shall be
native species.
(g)TR~ f911smiAg plaAtll ~Rall Ast ei iAgtall~d ag hw~dg~ap~ ~at~rial:
(1 )Milal~w~a, Milaliw~a 'iwiA'iwiAir\'a;
(2).~ w~traliaA PiA~, CallwariAa (~pp.);
(J )~F~iliaA PappiF, ~~RiAw!l ti~eiAtRifgliYE;
(4)~ap9dilla, HaAilkara :zapgta, AQRR gftRi ~~\'iA Mil~ ~ridgi;
(S).liatR~rl~af, CslweriAa aEiati.a.
(Ord. No. 33-1986, g 9-1004)
BOCC Ordinance Exhibit 1
See. 9.5-367. Landscaping materials.
All required landscaping materials shall be of the types and minimum sizes set forth in this
section. Canopy trees shall have a minimum ofthree (3) inches dbh or twelve (12) feet in height.
Understory trees shall be a minimum of five (5) feet in height. Shrubs shall be a minimum of
three (3) feet in height.
C = Canopy
U = Understory
S = Shrub
G = Ground Cover
v = Vine
ST = Street Tree
SA = Salt Tolerant
D = Drought Tolerant
Latin Name Trade Name Code
Conocarpus erectus Buttonwood, Silver C, V,S, ST,SA,D
Buttonwood
Bursera simaruba Gumbo Limbo C, ST,D
Chrysophyllum oliviforme Satinleaf C, V, ST,D
Clusia rosea Pitch Apple, Autograph C, ST, 0
Tree
Coccoloba diversifolia Pigeon Plum C, ST, 0
Coccoloba uvifera Seagrape C, S, ST, SA, 0
Colubrina arborescens Coffee Colubrina C, V, ST, SA, 0
Cordia sebestena Geiger Tree C, V, ST, 0
Dipholis salicifolia Willow Bustic C, V, ST, 0
Drypetes diversifolia Milkbark C, V,ST
Exostema caribaeum Prince wood C, V, ST, 0
Exothea paniculata Inkwood C,ST
Ficus aurea Strangler Fig C,D
Ficus citrifolia Shortleaf Fig C,D
Hibiscus tiliaceous Mahoe C, ST, SA, 0
Krugiodendron ferreum Black Ironwood C, V, ST, 0
Lysiloma latisiliquum Wild Tamarind, Lysiloma C, ST, 0
Mastichodendron Mastic C, ST, 0
foetidissimum
NATIVE
2
BOCC Ordinance Exhibit 1
Metopium toxiferum Poison wood C, ST, 0
Nectandra coriacea Lancewood, Jamaica C, V, ST, 0
Nectandra
Persea borbonea Redbay C,D
Pinus elliottii Slash Pine C,D
Piscidia piscipula Jamaica Dogwood C, ST, 0
Pseudophoenix sargentii Buccaneer Palm C, V,D
Sabal palmetto Cabbage Palm C, V,D
Simarouba glauca Paradise Tree C, ST, 0
Swietenia mahagoni Mahogany C,ST,D
Acacia farnesiana Sweet Acacia V, S, 0
Amyris eleminfera Torch wood V, SA, 0
Andira inermis Bahia Honda Andira
Annona glabra Pondapple V
Ardisia escallonioides Mar/berry V,S,D
Ateramnus lucidus Crab wood V, ST
Baccharis halimifolia Saltbush C,SA,D
Bourreria ovata Strongback V,D
Brysonima lucida Locustberry S,D
Bumelia celastrina Saffron Plum V,D
Callicarpa americana Beautyberry S,D
Calyptranthes pallens Spice wood, Pale Lidflower V, S,D
Canella winterana Cinnamonbark V, S, 0
Capparis cynophallophora Jamaica Caper S, SA, 0
Capparis f1exuosa Limber Caper V
Casasia clusiifolia Seven- Year Apple V, SA, 0
Cassia chapmanii Bahama Cassia S,D
Cereus gracilis var. Prickly Apple Cactus SJ2
Simpsonii
Chiococca alba Snowberry S, G, SA,D
Chrysophyllum oliviforme Satinleaf S
Citharexylum fruticosum Fiddlewood V
Coccothrinax argentata Silver Palm V, S, SA, 0
Colubrina cubensis Cuba Colubrina V
Crossopetalum rhocoma Rhacoma V, S
Cupania glabra Cupania V
Erithalis fruticosa Blacktorch S
Eugenia axillar is White Stopper V, ST, SA, 0
Eugenia confusa Redberry Stopper S, SA,D
Eugenia foetida Spanish Stopper V, S, SA, 0
Eugenia rhombea Red Stopper S, SA,D
Forestiera segregata Florida Forestiera S, SA,D
3
BOCC Ordinance Exhibit 1
Gossypium hirsutum Wild Cotton S, SA,D
Guaiacum sanctum Lignum Vitae V, S, ST, 0
Guapira discolor Blolly V, S,ST, SA, 0
Guettarda elliptica Everglades Velvetseed V,ST
Gymnanthes lucida Crab wood V,D
Hamelia patens Firebush S,D
Hypelate trifoliata White Ironwood V, ST, SA, 0
Jacquinia keyensis Joewood V, S
Lantana involucrata Wild Lantana S
Lycium carolinianum Christmas Berry S, G, SA, 0
Manilkara bahamensis Wild Dilly V
Ma~enusphyllanMomes Ma~en S
Myrica cerifera Wax-Myrtle V,S, SA,D
Myrsine Floridana Myrsine V, S
Pisonia rotundata Pisonia V, S
Pithecellobium Blackhead V, S, SA, 0
guadalupense
Pithecellobium unguis-cati Cat's Claw V, S
Prunus myrtifolia West Indian Cherry V,D
Psychotria Iigustrifolia Wild Coffee S,D
Randia aculeata Randia, White Indigoberry S
Reynosia septentrionalis Dar/ing Plum V, SA,D
Sapindus saponaria Soapberry V, SA, 0
Savia bahamensis Maidenbush S, SA,D
Scaevola plumieri Inkberry V, S, SA,D
Serenoa repens Saw Palmetto S, SA, 0
Solanum erianthum Potato Tree V, S
Suriana maritima Bay Cedar S,SA,D
T etrazygia bicolor West Indian Lilac U, S, D
Thrinax morrisii Keys Thatch Palm V, S, C, SA, 0
Thrinax radiata Florida Thatch Palm V, S, C, SA, 0
Tournefortia gnaphalodes Sea Lavendar S
Trema lamarckianum West Indies Trema S
Trema micranthum Florida Trema U, S
Vallesia antillana Pearlberry G
Ximenia americana Tallowwood, Hog Plum V, SA, 0
Yucca aloifolia Spanish Bayonet S, SA,D
Zamia Floridiana Coontie S, G
Zanthoxylum fagara Wild Lime S, SA,D
Zanthoxylum f1avum Bahia Honda Lime S,SA,D
EXOTIC
4
Bauhinia spp. Orchid Trees C
Cassia fistula Golden Shower Tree C
Cassia gradis Pink Shower Tree C
Cochlospermum vitifolium Buttercup Tree C
Cocos nucifera Coconut Palm C
Delonix regia Flamboyant, Royal C
Poinciana
Erythrina crista-gallii Coral Tree C
Jacaranda acutifolia Jacaranda C
Melicoccus bijugatus Spanish Lime C
Peltophorum inerme Yellow Poinciana C
Spathodea campanulata African Tulip Tree C
T:1g{lblJ{Q spp. TgggglJla r;;
T&~.;F1Q!.iQ ~:1t9fJP:1 Trgp':~A.' .~.'mgr;rrl r;;
Bougainvillea glabra Bougainvillea S, V
Carissa grandiflora Natal Plum S
Citrus aurantifolia Key Lime S
Citrus spp. Kumquat, Lime Orange X
Codiaeum variegatum Croton S
Euphorbia pulcherrima Poinsettia S
Gliricidia sepium Madre de Cacao U
Hibiscus spp. Hibiscus S
Murraya paniculata Orange-Jasmine S
Musa spp. Banana U, S
Plumeria spp. Frangipani U, S
BOCC Ordinance Exhibit 1
Ord. No. 33-1986, g 9-1007; Ord. No. 40-1987, g 109)
Sec. 9.5-379. Buffer-yard standards.
Each of the buffers required in sections 9.5-377 and 9.5-378 above shall be installed in
accordance with the standards set forth in ~ section 9.5-364. The illustrations specify the
number of plants required per one hundred (100) linear feet. To determine the total number of
plants required, the length of each side of the property requiring a buffer shall be divided by 100
and multiplied by the number of plants shown in the illustration. Any buffer area which overlaps
another buffer area shall be subtracted from the total to avoid double counting. The arrangement
of the plants in the buffer-yard shall be determined by the developer.
(Ord. No. 33-1986, g 9-1105)
5
BOCC Ordinance Exhibit 1
Sees. 9.5-382. Prohibited Veaetation
The following invasive exotic vegetation shall not be installed as landscape material:
(1) Melaleuca, Melaleuca quinquinerva;
(2) Australian Pine, Casuarina (Spp.);
(3) Brazilian Pepper, Schinus terebinthifolius;
(4) Sapodilla, Manilkara zapota, north of the Seven Mile Bridge;
(5) Latherleaf, Colubrina asiatica.
(6) Burma reed, Neyraudia reynaudiana
6
STAFF REPORT
MEMORANDUM
TO: The Board of County Commissioners
FROM: Gouldy, Senior Administrator, Environmental Resources
DATE: , 2002
RE: Proposed Amen
Regulations Perta'
nts to the Momoe COlmty Land Development
to Landscaping
MEETING DATE: June 19,2002
1. EXECUTIVE SUMMARY:
The proposed revisions to four Sections of Division 10, Landscaping, are to promo~
xeriscaping, as directed by the Year 2010 Comprehensive Plan, and to expand the list of
prohibited invasive exotic vegetation.
II. ANALYSIS
A. County requirements for changes to the land development regulations.
Article XI of Chapter 9.5 sets forth the requirements for amending the text
of the land development regulations. Specifically, Sec. 9.5-51 I (d)(5)b sets
forth six criteria for amending the Land Development Regulations, at least
one of which must be met. In this case, items (iv), New issues, and (v),
Recognition of a need for additional detail and comprehensiveness, are the
reasons behind the proposed revisions.
B. Compliance with Chapter 163, Section II, Florida Statutes
The Local Government Comprehensive Planning and Land Development
Regulation Act (Ch. 163, Sec.II, F.S.) requires that local government
comprehensive plans and plan amendments be consistent with the state
comprehensive plan and the appropriate regional policy plan (the South
Florida Regional Planning Council), and sets forth the minimum
requirements for land development regulations necessary to implement the
adopted comprehensive plan. The proposals are in compliance with all of
the applicable requirements of this section.
C. Chapter 380.0552, F.S., "the Principles for Guiding Development"
applies to Monroe County in relation to the Area of Critical State
Concern designation. These principles are listed below in italics with
Staff s comments following.
1. To strengthen local government capabilities for managing land use
and development so that local government is able to achieve these
Page 1
objectives without the continuation of the area of critical state concern
designation.
The proposed revisions promote xeriscape landscaping, thus providing
for conservation of water resources, and expand the list of prohibited
invasive exotic vegetation, meeting requirements of the
Comprehensive Plan within the framework of local government
regulations.
2. To protect shoreline and marine resources, including mangroves,
coral reef formations, seagrass beds, wetlands, fish and wildlife, and
their habitat.
The proposed LDR revisions are not directly related to this principle.
3. To protect upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
The proposed addition to the list of prohibited invasive exotic plants
will assist in reducing the introduction of invasive exotic vegetation
into natural vegetative communities, thus aiding in preserving the
integrity and natural functions of those communities.
4. To ensure the maximum well-being of the Florida Keys and its citizens
through sound economic development.
The proposal promotes sound economic development by assisting in
the establishment of xeriscaping for required landscaping associated
with development, resulting in conservation of the Key's potable water
resources.
5. To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
The proposed amendments are not directly related to this principle.
6. To enhance natural scenic resources, promote the aesthetic benefits of
the natural environment and ensure that development is compatible
with the unique historic character of the Florida Keys.
The proposal promotes the establishment of native vegetative
communities free of invasive exotic plants, while reducing
Page 2
maintenance requirements, thus reflecting the natural vegetative
history of the Keys.
7. To protect the historical heritage of the Florida Keys.
The proposed amendments are not related to the historical heritage of
the Keys.
8. To protect the value, efficiency, cost-effectiveness, and amortized life
of existing and proposed major public investments, including:
a. The Florida Keys Aqueduct and water supply facilities,'
b. Sewage collection and disposal facilities;
c. Solid waste collection and disposal facilities;
d. Key West Naval Air Station and other military facilities;
e. Transportation facilities;
f Federal parks, wildlife refuges, and marine sanctuaries;
g. State parks, recreation facilities, aquatic preserves, and other
publicly owned properties;
h. City electric service and the Florida Keys Electric Co-op.
i. Other utilities as appropriate.
The amendments will benefit all public facilities / utilities by reducing
watering requirements in landscaped areas. Limiting the introduction
of invasive exotic vegetation into parks, refuges, and other publicly
owned areas will reduce land management costs and will help protect
the natural integrity and function of those areas.
9. To limit the adverse impacts of public investments on the
environmental resources of the Florida Keys.
Xeriscape landscaping will reduce the impacts of all development to
the Key's potable water resources.
10. To make available adequate affordable housingfor all sectors of the
population of the Florida Keys.
The proposed amendments are not related to this principle.
11. To provide adequate alternatives for the protection of public safety
and welfare in the event of a natural or manmade disaster and for a
postdisaster reconstruction plan.
The proposed amendments are not related to this principle.
Page 3
12. To protect the public health, safety, and welfare of the citizens of the
Florida Keys as a unique Florida resource.
The proposed amendments are not directly related to this principle.
D. Consistency with 2010 Comprehensive Plan
The proposal is consistent with and implements policies contained within
the Monroe County Year 2010 Comprehensive Plan.
III. PROPOSED REVISIONS:
The amendments are attached to the proposed Ordinance as Exhibit 1.
IV. FINDINGS:
1. The proposal is consistent with Section 9.5-511 of the Monroe County Code.
2. The proposal is in compliance with Chapter 163, Florida Statutes.
3. The proposal is in compliance with Chapter 380, Florida Statutes.
4. The proposal is consistent with policies of the Monroe County Year 2010
Comprehensive Plan.
V. RECOMMENDATION:
The Environmental Resources staff recommends APPROV AL of the proposed
amendments to the Monroe County Code, Chapter 9.5, Division 10, Landscaping.
Page 4
APPROVAL HISTORY
PROPOSED AMENDMENTS TO MCC CHAPTER 9.5
SECTIONS 364, 367, 379, AND 382
LANDSCAPING STANDARDS
The amendments are proposed by the Monroe County Planning and Environmental
Resources Department to promote xeriscape landscaping in accordance with the Year
2010 Comprehensive Plan and to expand the list of prohibited invasive exotic vegetation.
AMENDMENT RECOMMENDATIONS
Staff:
APPROV AL
April 23, 2002
Staff Report
DRC:
APPROVAL
May 2, 2002
Resolution #D07-02
PC:
APPROV AL
May 8, 2002
Resolution #P34-02
RESOLUTION NO. P34 - 02
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND SECTIONS
9.5-364, 9.5-367, 9.5-379, AND 9.5-382 OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS, PERTAINING TO LANDSCAPING.
WHEREAS, the Monroe County Planning and Environmental Resources
Department is proposing amendments to the Monroe County Land Development
Regulations pertaining to landscaping; and
WHEREAS, the Monroe County Development Review Committee considered
the proposal during a regular meeting on May 2, 2002 and recommended approval of the
proposed amendments to the Planning Commission in Resolution D07-02; and
WHEREAS, the Monroe County Planning Commission, during a regularly
scheduled meeting held on May 8, 2002, discussed the item; and
WHEREAS, the Planning Commission considered the following information:
1. The staff report prepared by Ralph Gouldy, Environmental Resources Senior
Administrator, dated May 2, 2002; and
2. Comments by members of Staff; and
WHEREAS, the Planning Commission adopted the following Findings of Fact:
1 . Based on the information presented, the proposed amendments are consistent with
Section 9.5-511 of the Monroe County Code.
2. Based on the information presented, the proposed amendments are consistent with
policies ofthe Monroe County Year 2010 Comprehensive Plan.
3. Based on the information presented, the proposed amendments are consistent with
Chapter 163 and Chapter 380, Florida Statutes.
THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact support its
decision to recommend that the Board of County Commissioners APPROVE the
proposed amendments to the Monroe County Land Development Regulations, attached
hereto as Exhibit 1.
Page I of2
Initials_
W:\EnviromentaI\Working Folders\Gouldy-Ralph\Resolutions\PC Reso P34-02 Xeriscaping. doc
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe
County, Florida, at a regular meeting held on the 8th day of May, 2002.
Chair Ritz
Vice-Chair Werling
Commissioner Coleman
Commissioner Hill
Commissioner Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day if
,2002.
Page 2 of2
Initials
W:\Enviromental\Working Folders\Gouldy-Ralph\Resolutions\PC Reso P34-02 Xeriscaping. doc