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Home My WebLink About2005-004ORDINANCE 2005-004 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS, BY AMENDING SECTION 926.09 REGARDING LANDSCAPE ALONG ROADWAYS. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. LDR Section 926.09(1), Required Landscaping Adjacent to Rights-of-way, is hereby amended to read as follows: "(1) Required landscaping adjacent to rights-of-way. A landscaping strip, at least ten (10) feet in depth shall be located adjacent to the right-of-way along the site's entire road frontage. Within the strip, landscaping shall be provided as follows: (a) Landscaping materials shall be planted in the following quantities: 1. Along local roads: One (1) canopy tree for each thirty (30) lineal feet or fraction thereof. 2. Along collector roads: One (1) canopy tree for each twenty-five (25) .lineal feet or fraction thereof for canopy trees ten (10) feet high at time of planting or one (1) canopy tree for each thirty (30) lineal feet or fraction thereof for canopy trees twelve (12) feet high at time of planting. 3. Along arterial roads: One (1) understory tree for each twenty-five (25) lineal feet or fraction thereof and one (1) canopy tree for each twenty-five (25) lineal feet or fraction thereof for canopy trees ten (10) feet high at time of planting or one (1) canopy tree for each thirty (30) lineal feet or fraction thereof for canopy trees twelve (12) feet high at time of planting. Note: Trees are not required to be spaced uniformly along the landscape strip. Different, special roadway landscaping/buffering requirements apply to projects within areas, such as Wabasso, SR60, the North Barrier Island, and Roseland, which are covered by adopted corridor plans, such as the Wabasso and , corridor plans. Also, special landscape/buffering requirements, as specified in subsection (h), below, apply to multi -family projects (b) All trees planted adjacent to a right-of-way, shall be planted in a planting area of at least one hundred (100) square feet, with minimum dimensions being at least ten (10) feet in any direction. (c) In addition, a hedge, wall, fence or other durable landscape barrier of at least three (3) feet in height above the adjacent parking lot grade shall be maintained along the perimeter of such landscaped strip. Use of landscaped berms is encouraged to meet this requirement. Bold Underline: Added text StfilEetlifexgh• Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Landscaping along roadways.rtf 1 (d) (e) ORDINANCE 2005- 004 If such durable barrier is of nonliving material, at each ten (10) feet thereof, one shrub or vine shall be planted at each ten (10) feet thereof abutting such barrier, but need not be spaced ten (10) feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. (1) The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving. (h) Necessary access ways from the public right-of-way through all such landscaping areas shall be permitted to service the parking, and such access ways may be subtracted from the lineal dimension used to determine the number of trees required. For multi -family site plan projects, excluding planned developments (PDs) and single duplex or single triplex projects, the following special landscape requirements shall apply: 1. Major roadways: Along collector and arterial roadways, a six foot opaque feature meeting the requirements of Landscape Ordinance section 926.08 and Subdivision Ordinance section 913.09(3)(c)5 shall be provided. In addition, the following landscape strip requirements shall apply: Minimum Planting Buffer & Depth per 100' of Frontage *20' 4 canopy trees 5 understory trees continuous hedge, off -set double row, 3' at planting **15' 4.5 canopy trees 5.5 understory trees continuous hedge, off -set double row, 3' at planting • Where two story buildings are proposed adjacent to an arterial or collector road, required canopy trees shall have an increased minimum height of twelve (12) feet at planting where trees of ten (10) feet are normally required, and an increased minimum height of fourteen (14) feet where trees of twelve (12) feet are normally required. Where three story buildings are proposed adjacent to an arterial or collector road, required canopy trees shall have an increased minimum height of sixteen (16) feet at planting. Where walls are used, they shall be solid masonry, concrete, or other similar solid and substantial material. Canopy trees shall be installed at least seven (7) feet from the face of the wall, and understory trees shall be installed at least five (5) feet from the face of the wall and from any adjacent existing or proposed sidewalk. Required understory trees and shrubs shall be located on the side of the wall facing the arterial or collector roadway. Bold Underline: Added text StfilicadifouglE Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Landscaping along roadways.rtf 2 ORDINANCE 2005- 004 *Project sites with a depth over four hundred (400) feet shall have a minimum buffer depth of twenty (20) feet. **Project sites with a depth of four hundred (400) feet or less shall have a minimum buffer depth of fifteen (15) feet. 2. Local roadways: Along local roadways, two (2) understory trees per 30 lineal feet, in addition to the standard requirements of Landscape Ordinance section 926.09, shall be provided. 7. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 8. Codification The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 9. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 10. Effective Date This ordinance shall take effect upon filing with the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 15th day of February , 2005. This ordinance was advertised in the Press -Journal on the 31 s tthe day of January 2005, for a public hearing to be held on the 15th day of February , 2005, at which time it was moved for adoption by Commissioner, seconded by Commissioner., and adopted by the following vote: Neuberger Wheeler Chairman Thomas S. Lowther Vice Chairman Arthur R. Neuberger AyP Aye Bold Underline: Added text $t++l`e: Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Landscaping along roadways.rtf 3 ORDINANCE 2005-004 Commissioner Sandra L Bowden Commissioner Gary C. Wheeler Commissioner Wesley S. Davis ThisFeskin FEES 252 • Absent Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Thomas S. Lowther, Chairman BCC Approved: February 15/2005 ATTEST BY Q/>_ l m Jeffrey K.- Barten, Clerk filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY vl�> William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; Co unity Deve. opment Director Bold Underline: Added text Stfiketlifeagli Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Landscaping along roadways.rtf