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Item 7A AGENDA ITEM # 7A OCTOBER 11, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: First reading of Ordinance Number 90 -10 -213 to adopt Florida friendly landscaping and irrigation regulations. SUBMITTED BY: Sonya Doerr, AICP 44 Community Development Director DATE: September 20, 2010 BACKGROUND: Pursuant to direction at the September 13th meeting, staff has prepared the attached ordinance and proposed new section to be added to the existing Landscaping regulations to adopt Florida Friendly provisions as mandated by the St. Johns River Water Management District (WMD). In addition to the information that was provided for the earlier meeting in preparation for this process, Staff had continued to contact other local governments to determine what they are doing or have already done to address this issue, particularly with respect to the limit of the amount of a yard that can be watered with high volume irrigation. On the low -end, several jurisdictions have adopted a limit of 30 %, and a maximum of 50% seems to be emerging standard. SJRWMD staff has advised that 70 % -80% is the status quo and that such numbers are not consistent with the Statutory intent of Florida- friendly landscaping and irrigation directives. • The City of Jacksonville has adopted a limit of 30% although COJ does not require this for existing single - family residential lots, but rather "encourages" the use of Florida - friendly principles on individual lots. Appendix F of the Plumbing Code, however, does apply to all irrigation system installations. The 30% limit is mandatory for new commercial and subdivision common areas. (Keep in mind that this is not the subject of a CUP condition for JEA or the COJ.) • St. Johns County has adopted a high volume irrigation limit of 50% of the total irrigated area. • Volusia County has adopted a high volume irrigation limit of 50% of the total landscaped Area. • Clermont has adopted a 50% of greenspace limit for high volume irrigation. • Oviedo has adopted a maximum High Water Use Zone of thirty (30) percent of the total landscaped area. • Holly Hill requires all new irrigation installations to be low volume systems. • Marion County - Up to 50 percent of any turfgrass area may be irrigated with high volume irrigation, unless Bahia grass is the exclusive turfgrass used in which case up to 75 percent may be irrigated with high volume irrigation. October 11, 2010 regular meeting AGENDA ITEM # 7A OCTOBER 11, 2010 * ESTIMATED "HIGH USE" HYDROZONES VISIBLE �c PROPERTY ADDRESS PERCENT Our GIS analysis 40 developed lots across PERVIOUS AREA the City provides an estimated average of what 603 Paradise Ct. 22.99 appears to be lawn/turf areas of about 50.97 %. 335 6th St. 26.44 Using aerial photography and building footprint 1650 Park Terrace E 29.36 320 1st St. 30.19 data, Erika subtracted known or visible 211 2nd St. 30.75 impervious surfaces and also areas under heavy 2221 Laughing Gull Cr. 32.92 tree or vegetation canopy where there did not 285 Oceanforest Dr N 33.49 appear to be adequate sun exposure for turfgrass. 2338 Fiddlers Lane 35.78 This is probably a high -side estimate since it 2218 Laughing Gull Cr. 37.34 948 Hibiscus St. 37.59 includes all areas that could not be excluded as 1080 Carnation St. 37.98 impervious or non -turf areas such as flowerbeds, 201 1st St. 42.50 landscaping and shrubs that may be near a 2207 Alicia Lane 43.05 structure, and other vegetated areas that are not 225 Sherry Dr. 43.25 distinguishable on the aerials. Such areas are 1939 Br each 1565 B Ave. Av Mar Cr. 44.26 44.42 included in the 50.97% calculation, but they are 343 Beach Ave. 45.50 probably not areas that need high volume 1404 Linkside Dr. 47.97 irrigation. 341 8th St. 48.88 1725 Beach Ave. 50.64 We have also made an effort to determine the 1731 Beach Ave. 50.96 307 4th St. 50.97 areas with the highest volume of water use. As 1793 Park Terrace E 51.56 expected, Utility Billing indicates that the highest 1745 Selva Marina Dr. 53.93 water consumption is in Oceanwalk, Paradise 80 Saratoga Cr. S 56.70 Preserve, Selva Lakes, Selva Linkside, and Selva 321 Sea Oats Dr. 57.34 Marina. These are developed areas with 307 Beach Ave. 57.44 1488 Laurel Way 57.60 landscaped and irrigated common areas, and 284 Seminole Road 60.62 individual lots with irrigation systems, but most 2346 Beachcomber Trail 66.57 probably installed before the use of zoned 1220 East Coast Dr. 66.58 systems became common. I suspect that many of 1360 East Coast Dr. 67.09 831 Beach Ave. 68.74 these homeowners would like to install a more 428 Sargo Road 69.49 efficient system if they are using potable water 47 1 lth St. 69.50 for irrigation, although this ordinance will not 2348 Oceanwalk Dr. W 71.91 force them to do so. 1096 Hibiscus St. 73.11 352 12th St. 73.26 222 2nd St. 74.96 96 Ocean Blvd. 75.35 The proposed ordinance (attached) is summarized as follows. • The new regulations will not apply to existing developed lots or common areas that already have an irrigation system unless the property owner or HOA replaces more than 50% of the length of irrigation pipe or more than 50% of sprinkler heads (emitters.) The regulations will apply to developed or undeveloped lots installing a "first- time" irrigation system. • The Statutes require the adoption of a maximum percentage of the vegetated area of a lot that can use high volume irrigation. Staff has suggested that this percentage should be 60 %. This would not prohibit having more than 60% of the vegetated area as lawn, but it would require the use of a sprinkler /emitter head that uses less water than thirty (30) gallons per hour (gph) or one -half (.5) gallons per minute (gpm) on any area exceeding the 60% area. October 11, 2010 regular meeting AGENDA ITEM # 7A OCTOBER 11, 2010 • Residential irrigation permits, which we already require, will need to provide a hydrozone plan showing the High Volume Irrigation areas, and these can be prepared by the homeowner or the irrigation contractor. For new commercial development, landscape and irrigations plans have long been required. Commercial landscaping minimizes the use of turf in any case, so the high volume irrigation limit will be of little consequence for commercial development. • The standards for preparing this ordinance require the City to provide "user- friendly guidance" to homeowners. Once adopted, a link to the "official" Florida - friendly Plant List and other helpful horticultural information will be placed on the City's website and made easily available to the public. The City's tree and vegetation regulations already contain many Florida- friendly provisions including the use of drought- tolerant species, canopy trees and the restriction of invasives, so these do not need to be duplicated in this ordinance. • It is Staffs observation that the proposed ordinance will not have any significant adverse impact to homeowners. Those who have existing irrigation systems are not affected unless they replace 50% or more of their system, and if you are replacing a system, the motivation to do so is likely to minimize water use, and improve water delivery to your landscaping. Owners who are installing a brand new system will want to use the most cost efficient and effective system available to maintain healthy yards and landscaping. • Purposefully omitted from this ordinance is the requirement for the City to review or be involved in the choice of landscape materials to be used on a residential property. It is the Staff's opinion that Atlantic Beach homeowners intuitively employ the "Right plant, right place" principle of Florida - friendly landscaping. Our land development regulations already contain the appropriate provisions and procedures related to native vegetation, canopy and hardwood trees, invasive species and protection of marsh and coastal vegetation. BUDGET: Budget issues not determined at this time, but Staff resources are not anticipated to be of great significance as the ordinance is proposed. RECOMMENDATION: Approval of Ordinance 90 -10 -213 upon first reading including a high volume irrigation limit of sixty (60) percent. ATTACHMENTS: Proposed ordinance 90 -10- 13. REVIEWED BY CITY MANA • October 11, 2010 regular meeting AGENDA ITEM # 7A OCTOBER 11, 2010 ORDINANCE NUMBER 90 -10 -213 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90 -01 -172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III TO ADD NEW DIVISION 9, FLORIDA - FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION AS SET FORTH WITHIN ATTACHED EXHIBIT A AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. RECITALS WHEREAS, The Florida Legislature finds that the use of Florida - friendly landscaping and other water conservation and pollution prevention measures intended to conserve or protect the state's water resources serve a compelling public interest and that the participation of homeowners' associations and local governments is essential to the State's efforts in water conservation and water quality protection and restoration, and that Florida - friendly landscaping designs offer significant potential for water conservation benefits. It is the intent of the Florida Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria by requiring local governments to implement regulations to that end. WHEREAS, following a public hearing before the City Commission on , 2010, the City Commission hereby finds that adoption of this Ordinance supports the above stated legislative intent and serves to comply with and implement Condition #33 of Consumptive Use Permit Number 810. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, the Land Development Regulations, Article III, Zoning Regulations, is hereby amended to add new Division 8, Florida- friendly Landscaping and Irrigation to the Code of Ordinances for the City of Atlantic Beach, Florida and upon enactment shall read as set forth within EXHIBIT A, attached hereto. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading by the City Commission of the City of Atlantic Beach this day of 2009. Passed upon final reading and public hearing this day of , 2010. Mayor/Presiding Officer Approved as to form and correctness: Louis "Mike" Borno, Jr. ALAN C. JENSEN, ESQUIRE City Attorney ATTEST : DONNA BARTLE, CMC City Clerk Ordinance Number 90 -09 -208 Page 1 of 1 Effective Date: AGENDA ITEM # 7A OCTOBER 11, 2010 EXHIBIT A DIVISION 9. FLORIDA - FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION. Sec. 24 -178. Purpose and intent. The Florida Legislature finds that the use of Florida - friendly landscaping and other water conservation and pollution prevention measures intended to conserve or protect the state's water resources serve a compelling public interest and that the participation of homeowners' associations and local governments is essential to the State's efforts in water conservation and water quality protection and restoration, and that Florida - friendly landscaping designs offer significant potential for water conservation benefits. It is the intent of the Florida Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria by requiring local governments to implement regulations to that end. Sec. 24 - 179. Florida - friendly landscaping defined. Florida - friendly landscaping means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance. Sec. 24 - 180. Definitions. The following definitions are to be used in addition to and in conjunction with those contained in Sections 24 -17 and 24 -176 of this Chapter and also Chapter 23, Protection of Trees and Native Vegetation, of City Code. Automatic Irrigation System shall mean an artificial watering system with a programmable controller or timing mechanism designed to automatically transport and deliver water to plants. Emitter shall mean the sprinkler head or other device that discharges water from an irrigation system. High Volume Irrigation shall mean an irrigation system that does not limit the delivery of water directly to the root zone and which has a minimum flow rate per emitter of thirty (30) gallons per hour (gph) or one- half (.5) gallons per minute (gpm) or greater. High Water Use Hydrozones contain plants that require supplemental watering on a regular basis throughout the year including turf and lawn grasses. Hydrozone shall mean an irrigation watering zone in which plant materials with similar water needs are grouped together. Hydrozone Plan shall mean a graphical depiction of the low, moderate and high water use irrigation zones on a lot or parcel and a general reference to the types of plants intended to be placed in each zone. Irrigation Zone shall mean the grouping together of any type of watering emitter and irrigation equipment operated simultaneously by the control of a timer and a single valve. Landscaped Area as used in this Division shall mean the vegetated area of a Lot or Parcel including planted and natural areas. Page 1 of 3 Exhibit A to Ordinance 90 -10 -213 AGENDA ITEM # 7A OCTOBER 11, 2010 Low Volume or Micro Irrigation shall mean an irrigation system designed to limit the delivery of water within the root zone. Examples include drip, micro, trickle and soaker systems. Native Vegetation shall mean any plant species with a geographic distribution indigenous to all or part of the State of Florida as identified in: Wunderlin, R.P.1998, Guide to the Vascular Plants of Florida. University Press of Florida, Gainsville. Sec. 24 - 181. (a) Applicability. Where an Automatic Irrigation System is required by this Code or installed at the option of the property owner, the provisions of this Section shall apply to the following. (The term Lot(s) and Parcel(s) may be used interchangeably.) (1) Previously undeveloped Lots and the common Landscaped Areas of new subdivisions, or (2) where new irrigation systems are installed on previously developed lots, or (3) when more than fifty (50) percent of the irrigation system on a Lot is replaced. Fifty percent shall be construed to mean more than half the length of lateral irrigation lines or more than half of the Emitters. Except as set forth above, these provisions shall not be construed to require changes to installed or properly installed existing irrigation systems or to landscaping existing as of the effective date of this ordinance. These provisions shall also not apply to bonafide agricultural, greenhouse or nursery activities or to golf courses or athletic fields. (b) Appropriate Plant Selection, Location and Arrangement. (1) Plant selection. Plants used for Florida- friendly lawns and landscaping should be based upon the plant's compatibility with existing conditions of the site including soil type, moisture and light conditions and size at maturity. Consideration should be given to drought and freeze tolerance plants, and where site conditions are suitable, preference in trees should be given to Native Vegetation and hardwoods that create shade. Appropriate plants are described within the Florida - friendly Plant List published by the University of Florida, Extension Institute of Food and Agricultural Sciences (IFAS) or as may be found in other qualified sources of horticultural information. (2) Location and Arrangement. A key component to saving water and promoting plant health is to group plants in Hydrozones according to their water needs. Factors such as soil, climate, sunlight and salt tolerance should also guide the grouping and selection of plants. Low, moderate and high water use Hydrozones are described by the following characteristics. i. Low water use Hydrozones contain plants that rarely require supplemental watering and that are drought tolerant during extreme dry periods such as native shrubs and vegetation, established trees and ground covers and wooded areas. ii. Moderate water use Hydrozones contain plants that once established require irrigation every two to three weeks in the absence of rainfall or when they show visible stress such as wilted foliage or pale color. These are typically perennials, seasonal plants and flower beds. iii. High water use Hydrozones contain plants that require supplemental watering on a regular basis throughout the year. These areas include turf and lawn grasses and are typically characterized as high visibility focal points of a landscaping design where High Volume Irrigation is used. Page 2 of 3 Exhibit A to Ordinance 90 -10 -213 AGENDA ITEM # 7A OCTOBER 11, 2010 (3) Turf and lawn grasses. Irrigated grass and turf areas shall be considered as High Water Use Hydrozones, and shall be located so that they can be watered using separate Irrigation Zones. These areas should be consolidated to locations where the functional need calls for lawn and where site conditions are conducive to the health and maintenance of grasses rather than considered as just a fill -in area. For example, despite all efforts, lawn grasses will rarely grow to be healthy and lush under the heavy shade of a dense tree canopy which is emblematic of Atlantic Beach, while ferns, certain ground covers and low- growing native plants flourish with little attention. (4) Irrigation system design. Automatic Irrigation Systems shall be designed to meet the requirements of Appendix F of the Florida Plumbing Code, as adopted by Chapter 6, Article IV of City Code and also the requirements of Section 22 -39 of City Code. The following shall also be incorporated into the Automatic Irrigation System design. i. High water use Hydrozones shall be located on a separate Irrigation Zone. ii. High Volume Irrigation is limited to sixty (60) percent of the total Landscaped Area of the Lot. For lawns and turf areas that exceed sixty (60) percent of the total Landscaped Area of the Lot, Low Volume Irrigation may be used as needed. iii. At least one moisture sensor shall be located in each Irrigation Zone. iv. Emitters shall be sized and spaced to avoid excessive overspray on to impervious surfaces. (c) Hydrozone Plans. Where an Automatic Irrigation System is installed and an irrigation system permit is required, a Hydrozone Plan shall be submitted in accordance with the following. Hydrozone Plans can be prepared by a properly licensed and qualified contractor or by the property owner. (1) For new Single - family or Two - family Dwellings, or for previously developed lots installing a new or modified irrigation system per preceding paragraph (a)(3), the Hyrdozone Plan may be depicted on a survey or on a site plan prepared by the owner or the owner's agent indicating area(s) to be irrigated, location and specifications of particular low, moderate and high water use areas on the plan with the percentage of the Landscaped Area using High Volume Irrigation indicated. Recognizing that homeowners often install their own irrigation systems, a survey accurate Hydrozone Plan shall not be required in such cases, but the Hydrozone Plan should generally depict all Hydrozones, as described in preceding paragraph b(2). At a minimum, high water use areas using High Volume Irrigation must be on a separate Irrigation Zone. (2) All other Development, except as described by the preceding paragraph, shall provide a Landscape Plan as required by Section 24 -177. Hydrozone details may be shown on the Landscape Plan or on a separate sheet drawn at the same scale as the Landscape Plan. In addition to the Landscape Plan requirements of Section 24 -177, the Hydozone Plan shall delineate landscape areas, major landscape features, and plant selections and low, medium and high water Hydrozones consistent with preceding paragraph (b). (3) Prior to receiving final Landscape Plan approval, final inspection or Certificate of Occupancy as may be applicable, written verification must be provided by a properly licensed qualified contractor, or the property owner, verifying that all irrigated areas are consistent with this Division. Secs. 24 -182. through 24 -185. Reserved. Page 3 of 3 Exhibit A to Ordinance 90 -10 -213