ORDINANCE Underline: Additions to Ordinance Strike-through: Deleted Text from Existing Ordinance

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1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER, 901, DEFINITIONS; CHAPTER 911, ZONING; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 930, STORMWATER MANAGEMENT AND FLOOD PROTECTION; AND CHAPTER 934, EXCAVATIONS AND MINING; BY REVISING THE DEFINITION OF BUFFER STRIP IN SECTION ; BY AMENDING THE GREEN SPACE REQUIREMENTS OF SECTION (6)(D); BY REVISING CORRIDOR LANDSCAPE REQUIREMENTS IN SECTIONS (3), (6), (3), (3), AND (5); BY AMENDING THE SUBDIVISION GREEN SPACE REQUIREMENTS OF SECTION (21); BY AMENDING PURPOSE AND INTENT LANGUAGE IN SECTION ; BY UPDATING LANGUAGE IN SECTION ; BY UPDATING LANGUAGE IN SECTION ; BY AMENDING REQUIREMENTS FOR LANDSCAPE PLANS IN SECTION ; BY ESTABLISHING LANDSCAPE REQUIREMENTS FOR STORMWATER LAKES IN SECTION (4); BY AMENDING LANDSCAPE MATERIAL STANDARDS IN SECTION ; BY AMENDING THE LANDSCAPE POINT SYSTEM AND TREE PRESERVATION REQUIREMENTS IN SECTION ; BY AMENDING THE BUFFER AND OPAQUE FEATURE STANDARDS IN SECTION ; BY AMENDING THE ROADWAY LANDSCAPE REQUIREMENTS IN SECTION (1); BY AMENDING PERIMETER LANDSCAPE REQUIREMENTS IN SECTION (2); BY AMENDING PARKING AREA INTERIOR LANDSCAPE REQUIREMENTS IN SECTION (3); BY AMENDING REQUIREMENTS FOR PROTECTING LANDSCAPE AREAS FROM VEHICULAR ENCROACHMENT IN SECTION (4); BY AMENDING SIGHT DISTANCE REQUIREMENTS FOR LANDSCAPING ALONG ROADWAYS IN SECTION (5); BY AMENDING CANOPY TREE REQUIREMENTS IN NONVEHICULAR OPEN SPACE AREAS AND ESTABLISHING CANOPY TREE REQUIREMENTS AROUND STORMWATER LAKES IN SECTION ; BY AMENDING THE STANDARDS FOR IRRIGATION SYSTEMS IN SECTION ; BY AMENDING THE LANDSCAPE MAINTENANCE REQUIREMENTS IN SECTION ; BY AMENDING THE LIST OF RECOMMENDED TREES FOR SINGLE-FAMILY RESIDENCES IN SECTION (2); BY ESTABLISHING A COMPREHENSIVE LIST OF NATIVE PLANT SPECIES, EXOTIC INVASIVE PLANT SPECIES, PREFERRED GRASSES, SOILS, AND LITTORAL PLANT SPECIES IN THE CHAPTER 926 APPENDICES; BY AMENDING THE REQUIREMENTS FOR STORMWATER MAINTENANCE AREAS IN SECTION (1)(m); BY AMENDING WATER MANAGEMENT STANDARDS TO REQUIRE LITTORAL ZONES FOR DEVELOPMENT PROJECTS EXCEEDING TEN ACRES IN AREA IN SECTION ; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDR S) BE AMENDED AS FOLLOWS: 1

2 SECTION #1: AMENDMENTS. Section , Definitions, is hereby amended to read as follows: Buffer strip land area which may contain plant material, vegetated berm, fencing, or other landscaping that is used to separate developed land from a roadway or to separate one use from another for the purpose of creating an attractive and opaque boundary to shield or block noise, light or other nuisances, used for physical or spatial separation. (Also see "screening"). Section (6)(D), multi-family green space and/or recreation space standards, is hereby amended to read as follows: *D. Green space and/or recreation space: All multi-family developments must set aside a minimum of seven and one-half (7.5) percent of the total project site area as dedicated to green space and/or recreation space. Upland preserves, and wetland areas, and created littoral zones may be credited towards this requirement. Recreation tracts shall be located, designed, constructed, maintained and operated in such a manner that minimizes adverse noise and lighting impacts on adjacent or nearby developments. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as parks, ball courts, and pools. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, open air recreation facility, or other similar type of amenity. 1. Recreation tracts located within one hundred twenty-five (125) feet of the boundary of the development shall be either: a. Designated on a final plat, or other document recorded in the public records, as being used for passive recreation uses: no active uses, such as but not limited to basketball or tennis courts, shall be permitted on these tracts. b. Buffered from adjacent development boundaries with a minimum twenty-five (25) foot wide Type B (or better) buffer with a six-foot opaque feature (see Chapter 926). 2. Any and all lighting used within recreation tracts shall be approved by the county and shall be adequately shielded to prevent lighting or glare from encroaching on to properties adjacent to or nearby the development. 2

3 Section (3)(g through j), Wabasso Corridor, is hereby amended to read as follows: (g) US 1 and CR 510 landscape buffer: Refer to Section for roadway landscape requirements. Within the plan area the following landscape requirements shall apply: 1. Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special Wabasso corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. 2. The county-wide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. The following landscape buffer shall be provided along the entire length of a site's CR 510 and US 1 frontages, except for approved driveways: Buffer Width Minimum Planting/Berm Requirements per 100 feet 20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 1/2 high at planting Berm: 1 1/2--3 feet high* 15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--2 1/2 high* 10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting Berm: /2 feet high* *Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at 3

4 the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F-4 and F-5 at end of section ) (h) (i) (j) Landscape buffer along other streets in the corridor: Refer to Section for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. Landscape buffer along commercial/residential border: Within the corridor, where compatibility bufferyards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided. Foundation plantings: Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. Reference section (3)(c)3 regarding exemptions for historic buildings and resources. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depth 1 Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth 4

5 1 A distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided; a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting 5' area depth: Minimum plant *1 palm tree or appropriate canopy material required: tree for every 10 lineal feet of planting strip (clustered) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12' to 25' in height Minimum planting 10' area depth: Minimum planting material required: *For buildings over 25' in height Minimum planting 15' area depth: Minimum plant material required: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip 5

6 *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive-up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (j.1) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). Section (6), SR 60 Corridor, is hereby amended to read as follows: (6) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. (a) (b) Reserved. Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special SR 60 corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. SR 60 and thoroughfare plan road buffer. Refer to Section for roadway landscape requirements. Within the corridor plan area, the following landscape buffer shall be provided along the entire length of a site's SR 60, 43rd Avenue, 58th Avenue, 66th Avenue, 74th Avenue, 82nd Avenue, 90th Avenue, and 98th Avenue frontages, except for approved driveways: 6

7 Buffer Depth Minimum Planting/Berm Requirements per 100' 20' or more 4 canopy trees 5 understory trees Continuous hedge 1 : 1 1/2'--2 1/2' high at planting Berm: 1 1/2'--3' high 1 15' 4.5 canopy trees 5.5 understory trees Continuous hedge 1 : 1 1/2'--3' high at planting Berm: 1'--2 1/2' high 1 10' 5 canopy trees 6 understory trees Continuous hedge 1 : 2 1/2'--3' high at planting Berm: 1'--1 1/2' high 1 Project sites with a depth from SR 60 or a thoroughfare plan road of two hundred fifty (250) feet to four hundred (400) feet shall have a buffer depth of at least fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a buffer depth of at least twenty (20) feet. (See Figures F-4 and F-5 at end of section "Wabasso Corridor Regulations") 1 NOTE: The hedge and berm combination shall provide a visual screen four (4) feet high above the grade of the project site parking area. An alternative to this standard is available for industrially zoned manufacturing uses located in the 98th Avenue manufacturing district, as provided for in section (3)(a)5. of this ordinance. Hedge material shall provide full screening to the ground; therefore, wax myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four-foot visual screen, subject to county sight distance requirements. Undulations in the berm and corresponding hedge height are 7

8 encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center along the length of the buffer strip, to form a hedge that appears continuous as viewed from the roadway being buffered. Berms shall have a slope no steeper than three (3) horizontal to one (1) vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. Hedge plantings may be asymmetrical, and a buffer wall, not to exceed four (4) feet in height except as specified below, is allowed within the middle one-third (1/3) of the buffer strip's width (measured perpendicular to the road being buffered) if landscaping material is planted on each side of the wall. (c) (d) (e) Reserved. Special buffer for multi-family projects. Multi-family projects shall provide the SR 60 and Thoroughfare Plan Road buffer as described above, with the additional requirement that the buffer shall include a six-foot opaque feature (as described in Chapter 926). Where a wall or fence is used, such wall or fence shall be located within the middle one third of the buffer strip's width (measured perpendicular to the road being buffered), and landscaping material shall be planted on each side of the wall or fence. Local road and exclusive access driveway buffer. Refer to Section for roadway landscape requirements. Landscape strips along local roads and exclusive driveways (as defined in the traffic ordinance) within the corridor plan area must contain two (2) understory trees for every thirty (30) lineal feet. Interior parking area. In addition to the normal interior parking area requirements of LDR Chapter Uncovered parking spaces shall be located no more than five (5) spaces away from a planted landscape area. Said landscape area may be on the parking lot perimeter or interior to the parking lot. This requirement may be waived by the planning and zoning commission where tree preservation efforts require a clustering of interior parking green area around existing trees rather than a spread out placement of landscape islands. 2. Landscape islands shall be backfilled at least to the top of curb or protective barrier, and may be bermed to a maximum height of twentyfour (24) inches above the adjacent parking lot grade. (f) Foundation plantings. Foundation plantings shall be required as stated below for 8

9 buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. In addition, industrially zoned manufacturing uses in the 98th Avenue manufacturing district and historic buildings and resources are exempt from foundation planting requirements to the extent provided for in section (3)(a)5. and 6. of this ordinance. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depth 1 Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth 1 A distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided: a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting 5' area depth: Minimum plant *1 palm tree or appropriate canopy material required: tree for every 10 lineal feet of planting strip (clustered) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12' to 25' in height Minimum planting 10' area depth: 9

10 Minimum planting material required: *For buildings over 25' in height Minimum planting 15' area depth: Minimum plant material required: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive-up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (g) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). 10

11 Section (3)(g through k), North Barrier Island Corridor, is hereby amended to read as follows: (g) CR 510 and SR A-1-A landscape buffer: Refer to Section for roadway landscape requirements. Within the plan area the following landscape requirements shall apply: 1. Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special North Barrier Island corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. 2. The county-wide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. The following landscape buffer shall be provided along the entire length of a site's CR 510 and SR A-1-A frontages, except for approved driveways: Buffer Width Minimum Planting/ Berm Requirements per 100 feet 20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 1/2 high at planting Berm: 1 1/2--3 feet high* 15 feet 4.5 canopy trees 5.5 understory trees Continuous hedge*: 1 1/2--2 1/2 high at planting Berm: 1 1/2--2 1/2 high* 10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting 11

12 Berm: /2 feet high* *Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F-4 and F-5 at the end of section and apply to CR 510 and SR A-1-A) (h) (i) (j) Landscape buffer along other streets in the corridor: Refer to Section for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. Landscape buffer along commercial/residential border: Within the corridor, where compatibility bufferyards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided. Foundation plantings: Foundation plantings shall be required as stated below for non-residential buildings. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Up to 12' high Foundation Planting Strip Depth 1 5' depth 12

13 12' to 25' high 10' depth Over 25' high 15' depth 1 A distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided; a. Forty (40) percent of the foundation perimeter (excluding entrance ways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting 5' area depth: Minimum plant *1 palm tree or appropriate canopy material required: tree for every 10 lineal feet of planting strip (clustered) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12' to 25' in height Minimum planting 10' area depth: Minimum planting material required: *For buildings over 25' in height Minimum planting 15' area depth: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area 13

14 Minimum plant material required: *1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive-up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (k) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). Section (3)(i through m), Roseland Corridor, is hereby amended to read as follows: (i) Roseland Corridor landscape buffer. Refer to Section for roadway landscape requirements. Within the plan area the following landscape requirements shall apply: 1. Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special Roseland corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. 14

15 2. The county-wide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. The following landscape buffer shall be provided along the entire length of a site's US 1 and Roseland Road frontage, except for approved driveways: Buffer Width Minimum Planting/Berm Requirements per 100 feet 20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--3 feet high* 15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--2 1/2 feet high* 10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting Berm: /2 feet high* *Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. 15

16 To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figure F-4 at the end of section ) (j) (k) (l) Landscape buffer along other streets in the corridor. Refer to Section for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. Landscape buffer along commercial/residential border. Within the corridor, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided where compatibility bufferyards are required by Chapter 911 regulations. Foundation plantings. Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. Reference section (b)3 and 6 regarding exemptions for historic buildings and resources. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depth 1 Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth 1 A distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided; a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting 5' area depth: 16

17 Minimum plant material required: *For buildings of 12' to 25' in height Minimum planting 10' area depth: Minimum planting material required: *For buildings over 25' in height Minimum planting 15' area depth: Minimum plant material required: *1 palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive-up windows. 17

18 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (m) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). Section (5), Other Corridors, is hereby amended to read as follows: (5) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. (a) (b) Reserved. Increased canopy tree size. All canopy trees shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. Thoroughfare plan road buffer. Refer to Section for roadway landscape requirements. Within the corridor area, the following landscape buffer shall be provided along the entire length of a site's thoroughfare plan road frontage: Buffer Depth Minimum Planting/Berm Requirements per 100' 20' or more 4 canopy trees with berm 1'--3' 5 understory trees Continuous hedge, off-set double row, 3' shrubs at planting 15' 4.5 canopy trees with berm 1'--3' 5.5 understory trees 18

19 Continuous hedge, off-set double row, 2'--3' shrubs at planting The required combined depth of the thoroughfare plan road buffer and the foundation planting strip on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road. Project sites with a depth from a thoroughfare plan road of four hundred (400) feet or less shall have a buffer depth of at least fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a buffer depth of at least twenty (20) feet. (See Figures F-4 and F-5 at end of section "Wabasso Corridor Regulations") 1 NOTE: The hedge and berm combination shall provide a visual screen a minimum of four (4) feet high above the grade of the project site parking area. (c) (d) Local road and exclusive access driveway buffer. Refer to Section for roadway landscape requirements. Landscape strips along local roads and exclusive driveways (as defined in the traffic ordinance) within the corridor plan area must contain two (2) understory trees for every thirty (30) lineal feet. Interior parking area. In addition to the normal interior parking area requirements of LDR Chapter Uncovered parking spaces shall be located no more than five (5) spaces away from a planted landscape area. Said landscape area may be on the parking lot perimeter or interior to the parking lot. This requirement may be waived by the planning and zoning commission where tree preservation efforts require a clustering of interior parking green area around existing trees rather than a spread out placement of landscape islands. 2. Landscape islands shall be backfilled at least to the top of curb or protective barrier, and may be bermed to a maximum height of twentyfour (24) inches above the adjacent parking lot grade. (e) Foundation plantings. Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. In addition, industrially zoned manufacturing uses in the 98th Avenue manufacturing district and historic buildings and resources are exempt from foundation planting 19

20 requirements to the extent provided for in section (3)(a)5. and 6. of this ordinance. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depth 1 Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth 1 A distance measured perpendicular to the building, from the foundation outward. The required combined depth of the thoroughfare plan road buffer and the foundation planting strip on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road. 2. Within such foundation planting landscape strips, the following landscaping shall be provided: a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting 5' area depth: Minimum plant *1 palm tree or appropriate canopy material required: tree for every 10 lineal feet of planting strip (clustered) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12' to 25' in height Minimum planting 10' area depth: Minimum planting material required: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) 20

21 *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings over 25' in height Minimum planting 15' area depth: Minimum plant material required: *1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive-up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (f) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). 21

22 Section (21), subdivision common green space and/or recreation space standards, is hereby amended to read as follows: (21) Common green space and/or recreation space. All residential subdivisions with a density of more than one and one-half (1.5) units per acre shall provide in separate tracts a minimum of seven and one-half (7.5) percent of the total project site area as common green space and/or recreation space. Upland preserves, and wetland areas, and created littoral zones may be credited towards this requirement. Required perimeter buffers shall not be credited toward meeting this common green space requirement. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as ball courts, pools, clubhouses, similar facilities, and supporting improvements such as parking area. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, recreation facility, or other similar type of amenity. Chapter 926, Landscape and Buffer Regulations, is hereby amended to read as follows: Section Short title. This chapter shall be known and may be cited as the "Indian River County Landscape and Buffer Ordinance." (Ord. No , 1, ) Section Purpose and intent. The board of county commissioners recognizes that the unique characteristics and qualities of Indian River County justify regulations to retain and perpetuate a beneficial, natural, and visually pleasing environment. It is the purpose and intent of this chapter to establish standards for the installation and continued maintenance of landscaping, without inhibiting creative landscape design, so as to improve the appearance of proposed developments. These standards are intended to protect and preserve the appearance, character, and value of surrounding neighborhoods. Moreover, landscape vegetation benefits the environment and living conditions by contributing to the production of oxygen, transfer of water, precipitation of airborne pollutants, and conversion of carbon dioxide, in addition to the provision of cooling shade, and reduction of noise. It is further the purpose and intent of this chapter to promote water conservation through the preservation of existing native Florida vegetation into landscape designs, the use of droughttolerant plant materials, the promotion of landscape plans which do not require permanent irrigation systems and instead utilize temporary systems for establishing new drought tolerant plantings, the use of efficient low-volume systems where permanent irrigation is necessary, and the use of reuse water for irrigation when available. 22

23 It is the purpose and intent of this chapter to improve the appearance of certain setback and yard areas, including off-street vehicular parking and nonvehicular open space areas, in Indian River County; to protect and preserve the appearance, character and value of the surrounding neighborhoods, and thereby promote the general welfare, by providing for installation and maintenance of landscaping for screening and elimination of visual pollution, since the board of county commissioners finds that the unique characteristics and qualities of Indian River County justify regulations to perpetuate the appeal of its natural visual pollutionfree environment. Moreover, landscape vegetation benefits the environment and living conditions by contributing to the production of oxygen, transfer of water, precipitation of airborne pollutants, and conversion of carbon dioxide, in addition to the provision of cooling shade, and reduction of noise. It is further the purpose and intent of this chapter to promote water conservation through the use of efficient low-volume irrigation systems, the incorporation of existing native vegetation into landscape designs, and the use of drought-tolerant plant materials. (Ord. No , 1, ) Section Applicability. The provisions of this chapter shall apply to the development and maintenance of unincorporated Indian River County property in the unincorporated area of Indian River County which is subject to the provisions of Chapter 914, Site Plan Regulations; Chapter 915, Planned Development; and Chapter 913, Subdivisions and Plats, of the County Land Development Code. Section of this chapter shall apply to the development and maintenance of property in the unincorporated area of the county that is subject to the provisions of Chapter 912, Single-Family Development, of the County Land Development Code. (Ord. No , 1, ; Ord. No , 3, ) Section Definitions referenced. The definitions of certain terms used in this chapter are set forth within this chapter, including appendices, and in Chapter 901, Definitions, of the County Land Development Code. (Ord. No , 1, ) Section General requirements. (1) Unlawful activity. It shall be unlawful for any person to establish, remove or alter landscape contrary to the provisions of this chapter. The lack of maintenance of landscape installed pursuant to a county approved landscape plan shall also be a violation subject to penalties provided by law. No construction requiring site plan review shall be undertaken in Indian River County until a landscape plan has been approved by the planning and zoning commission. The planning 23

24 and zoning commission will not approve any landscape plan unless it conforms to the requirements of this chapter. When the redevelopment, reconstruction, upgrading, expansion or change in use of a previously developed site is such that site plan review is required by county regulations, then this chapter shall be applied to such site as if it were previously undeveloped. (2) Landscape plan required. A landscape plan showing proposed landscape design shall be submitted for review and approval by the county. Such plan shall be required for all applicable development as referenced in section For residential projects (including subdivisions, major site plans, and planned developments) over twenty (20) units or for nonresidential projects over forty thousand (40,000) square feet of new impervious surface, the landscape plan shall be prepared by either a Florida registered landscape architect or a Florida certified landscape designer. Landscape plans shall include and indicate the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Location, species, type and size of all existing trees to be preserved or removed pursuant to Chapter 927, Tree Protection; Location of all structures, freestanding signs, parking areas, drives, vehicular use areas and other improvements to remain or proposed for installation on the property; Location of overhead powerlines and adjacent rights-of-way; Location and description of existing native plant communities to remain undisturbed, as applicable; Location, species (with identification if native or non native) type, size, and quantity of all proposed landscape materials; Plant list including quantity of all proposed landscape materials; General notes including mulching requirements, fertilization and installation details, and such other information as needed; Planting details as needed; Dimensions of the property; and Required opaque features, including berms; and Tabulations which clearly show relevant statistical information necessary to evaluate compliance with provisions of this chapter. This shall include, but not be limited to, required buffers, vehicular use landscaping/screening, nonvehicular landscaping, an such other information as needed. 24

25 (3) Irrigation plan required. In conjunction with a landscape plan, an irrigation plan shall be required. Such plan shall indicate use of a low-volume irrigation system designed specifically for the proposed landscape installation, delineate planting zones if proposed, and clearly illustrate compliance with section of this chapter. (4) Certificate of occupancy. No final certificate of occupancy shall be given or issued to the an owner or his agent until all conditions of this chapter have been met and the code enforcement official has given an approval. However, ttemporary power, however, may be issued in those instances where all improvements on a site except landscaping have been completed, where power is required for the irrigation system, and where the developer of the project certifies in writing that the required landscaping for the project will be installed as depicted on the plan and provides a timetable for installation of the landscaping. Failure to fulfill the proposed timetable shall be grounds for immediate and summary revocation of the temporary power allowance. (5) Prohibited plant species. For all new development, or redevelopment of existing property, the applicant is required to remove, under county environmental supervision, all invasive, exotic plant species defined and listed in Appendix B prior to issuance of a certificate of occupancy or certificate of completion, whichever is applicable. (Ord. No , 1, ) Section Landscape materials standards. (1) Quality. Plant materials used in conformance with the provisions of this chapter shall conform to the Standards for Florida No. 1 or better, as given in the most current edition of "Grades and Standards for Nursery Plants" Part I and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass seeds shall be delivered to the job site in bags with Florida Department of Agriculture tags attached, indicating the seed grower's compliance with the department's quality control program. Plant materials which are known to be intolerant of paving environments, or whose physical characteristics may be injurious to the public, shall not be specified for use. (2) Drought tolerance requirements. A minimum of fifty (50) percent of total cumulative landscape plant material used to meet the provisions of this chapter shall be "moderately" or "very" drought tolerant, as classified and listed in the most recent edition of the "South Florida Water Management District Xeriscape Plant Guide" or a comparable publication. Existing native plant species preserved on-site may be considered as credit toward the drought tolerance percentage requirement. (3) Trees. (a) Canopy trees. 1. Canopy trees shall be species having an average mature crown spread of 25

26 greater than fifteen (15) feet (under local climatic conditions) and having a trunk(s) with over five (5) feet of clear wood. "Clear wood" refers to that portion of the trunk between the ground and the lowest lateral limbs. 2. Installed canopy trees shall be considered "mature" seven (7) years after installation. 2. All new canopy trees shall be planted in a planting area of at least one hundred forty-four (144) square feet, with minimum dimensions being at least twelve (12) feet in any direction. Larger areas may be required by the community development director or his designee for newly planted or existing trees to be preserved, as required by Chapter 927, Tree Protection. 3. Clusters of palms can may be used as a canopy trees provided that a minimum of three (3) palms are clustered to equal one (1) canopy tree. Clusters of palms, if used, shall consist of no more than one-third of the total canopy tree requirement. However, the three (3) to one (1) clustering requirement can be reduced or eliminated by the community development director or his designee for palms with large canopies such as Canary Island date palms. 4. Single date palms (not including pygmy date palms) may be substituted for a canopy tree. (b) (c) (c) (d) Trees having an average mature crown spread less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown spread. Palm clusters shall be considered trees. Palms, if used, shall consist of no more than fifty (50) percent of the total new tree requirement when said palms are existing on the site or are relocated on the same site. Understory trees shall be species defined as medium or small trees having a mature crown spread of fifteen (15) feet or less. Tree sizes: 1. Required canopy trees shall be a minimum of twelve (12) ten (10) feet overall in height and two (2) inch diameter at 0.5 feet above grade with a minimum crown spread of six (6) feet, at the time of planting, except as follows: a. Within the Wabasso and SR 60 corridor areas, required canopy trees shall be a minimum of twelve (12) feet overall in height, minimum two (2) inch diameter at 0.5 feet above grade, and six (6) feet minimum spread at the time of planting. When palm clusters are used, the ten-foot and twelve-foot minimum shall be 26