Agenda 01/23/2018 Item #11E01/23/2018
EXECUTIVE SUMMARY
Recommendation to evaluate existing landscape regulations and provide direction to the County
Manager relating to redevelopment of landscape plans for existing commercial locations.
OBJECTIVE: To have the Board of County Commissioners (Board) evaluate the current process for
modification to landscape plans for existing commercial locations and provide the County Manager with
appropriate direction based upon that evaluation.
CONSIDERATIONS: At the July 11, 2017 Board meeting, Public Hearing, the Board directed the
County Manager to bring back at a future meeting a presentation on the issue of landscaping within
commercial properties and the requirements that currently exist as they relate to landscape removal and
redevelopment. This request was prompted by recent landscape modifications within a Pelican Bay
Marketplace commercial plaza. This executive summary fulfills that specific request, with the attached
PowerPoint highlighting the County’s current procedures, as well as providing examples of how other
Florida Communities have addressed the issue.
In summary, under our current Code, modifications to a commercial site’s existing landscape plans are
provided for by two avenues: the tree removal permit, or modifications (insubstantial or amendment) to
approved landscape plans by site development plan amendment (SDPA) or insubstantial change to
construction plans (ICP). The tree removal permit is used when a site wants to remove a limited number
of trees (ten) over 5 years when specific criteria are met to justify the tree removal. The criteria as
provided by the LDC Section 10.02.06.I.4 are:
1. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a
safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure,
2. A tree is growing too close in proximity to another tree(s) to permit normal growth and
development of the affected tree(s) and,
3. Other public health and safety circumstances as determined by the county landscape architect.
The second avenue, modification of existing landscape plans by SDPA or ICP, is utilized when a large
number of trees are to be removed or a full-scale redevelopment/replanting is requested on the site. The
only criteria established for this process is that the new landscaping plan must meet minimum Code
requirements. It should be noted that the Pelican Bay Marketplace landscape plan redevelopment was
initiated through the insubstantial change process to an SDP.
FISCAL IMPACT: The fiscal impact of the proposed action is limited to cost associated with staff time
to develop the options to amend the Land Development Code, if the Board directs staff to modify the
current process.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The requirements and process allocated to
modify existing landscape plans at commercial sites within the County is strictly a Land Development
Code (LDC) issue and as such, has no impact upon the Growth Management Plan.
LEGAL CONSIDERATIONS: This Executive Summary has been approved as to form and legality. A
majority vote is necessary for Board action. (HFAC)
RECOMMENDATION: That the Board reviews existing landscape regulations and provide direction to
the County Manager to either continue with the status quo, or vet Board directed alternatives with
stakeholders and bring back proposed code amendments.
11.E
Packet Pg. 82
01/23/2018
Prepared by: Marcia Kendall, Senior Planner, Comprehensive Planning
ATTACHMENT(S)
1. Current Process and Tree Preservation 1-8-2018 (PPTX)
11.E
Packet Pg. 83
01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doc ID: 4397
Item Summary: Recommendation to evaluate existing landscape regulations and provide
direction to the County Manager relating to redevelopment of landscape plans for existing commercial
locations. (Mike Bosi, Planning and Zoning Division Director)
Meeting Date: 01/23/2018
Prepared by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
12/19/2017 8:40 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
12/19/2017 8:40 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/20/2017 3:02 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/20/2017 3:49 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/04/2018 9:01 AM
Growth Management Department James French Deputy Department Head Review Completed 01/09/2018 9:31 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/09/2018 11:35 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/09/2018 2:56 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 3:19 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/16/2018 11:53 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
11.E
Packet Pg. 84
Landscape Removal
&
Tr ee Preservation
Growth Management Department
January 23, 2018
11.E.a
Packet Pg. 85 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Why Owners Remove Trees
u Tr ees may become overgrown and unmanageable
u Ro ot Systems lift pavement and sidewalk areas
u Ro ot systems may damage utilities/infrastructure
u Mature trees may reduce the site visibility
11.E.a
Packet Pg. 86 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Current Process for Tr ee Removal
u Commercial, Industrial, Residential Common Area
developments must pursue either:
u Cultivated Tree Removal Permit;
u Site Development Plan Amendment (SDPA);
u Site Development Plan Insubstantial Change (SDPI); or
u Insubstantial Change to Construction Plans (ICP)
11.E.a
Packet Pg. 87 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Cultivated Tree Removal Permit
u Administratively Reviewed
u Maximum of 10 trees per 5 year period allowed to be removed
u Applicants must demonstrate:
u Tr ee cannot be maintained by proper canopy pruning;
u Tr ee is not structurally sound and it cannot be corrected by cabling
or bracing;
u Ro ot Pruning or Root Barriers measures have been attempted; and
u Tr ee has become a safety hazard to:
u Pe destrian or vehicular traffic;
u Utilities; or
u Existing structures
11.E.a
Packet Pg. 88 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Cultivated Tree Removal Permit
Conditions
u If tree is transplanted:
u Tr ee to be moved, established, and maintained using proper
arboricultural and horticultural practices
u If tree is removed:
u Tr ee shall be substituted with an equivalent replacement (if code
required); and
u Sufficient space shall remain on site allowing replacements to
establish mature canopy spread
11.E.a
Packet Pg. 89 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Landscape Plan Changes
u Landscape Plans may be revised through the following:
u Site Development Plan Amendment and Insubstantial Change (SDPA
& SDPI); and
u Insubstantial Change to Subdivision Plat (ICP)
u Administratively Reviewed
u Landscape Plans are required to be signed and sealed by a Florida
registered landscape architect
11.E.a
Packet Pg. 90 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Landscape Plan Changes
u The LDC does not limit Landscape Plan changes to principal structure
redevelopment, or any other substantial improvements to structures
on site
u Unlike Cultivated Tree Removal Permits:
u Justification or tree/root maintenance issues are not required to
be demonstrated for plan approval
u Public health and safety circumstances do not need to be present
to pursue a Landscape Plan change
u There is no restriction on the number of trees, size of tree, or
type of tree that can be removed
u Under all circumstances, the revised Landscape Plans are required to
meet the minimum standards within the LDC
11.E.a
Packet Pg. 91 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Administrative Appeals Pr ocess
u The Board of Zoning Appeals may hear:
u Appeals from interpretations made by the County Manager or
designee pertaining to the Land Development Code
u This includes the Cultivated Tr ee Removal Permit and Landscape
Plan Change under an SDPI, SPDA, or ICP.
11.E.a
Packet Pg. 92 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Options for Tr ee Preservation or Public
Pr ocess
u Establish Criteria for Landscape Plan changes, similarly to Cultivated
Tr ee Removal Permits (i.e.. Re quire justification related to health,
safety, and welfare)
u Create a Tree Preservation Ordinance
u Define which trees are preserved
u Create list of tree removal criteria
u Allow removal of a percentage of trees per year
u Re quire replacement trees to be like-sized or of a greater
proportion or type
11.E.a
Packet Pg. 93 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Ideas from Other Communities
u Re placement of protected trees based on formula
u Ex. Protected tree with trunk diameter of 30 inches, replaced with
eight (8) 3-inch DBH trees (City of Pensacola)
u Re quire a tree appraisal to determine dollar value of removed tree for
equivalent replacement (Broward County)
u Analyze where the LDC can identify more appropriate areas for tree
types
u Canopy trees only allowed in parking lot islands with a width of 10
feet or more (Broward County)
11.E.a
Packet Pg. 94 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Ideas from Other Communities
u Pr ioritize trees over hardscape
u Re design structures or vehicular use areas rather than removing
trees (Guidelines for Development and Evaluating Tree
Ordinances)
u Allow flexibility or alternative design standards for existing sites
u Evaluate tree replacement standards based on existing canopy area
(Broward County)
u Impact area of proposed project (Miami-Dade County)
11.E.a
Packet Pg. 95 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Re commendation to
u Re view existing regulations,
u Consider the alternatives presented, provide guidance and;
u Should a majority of the Board desire to enhance the standards,
u Direct the County Manager to vet the alternatives with stakeholders
and
u Bring back proposed modifications as suggested by the Board
11.E.a
Packet Pg. 96 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape
Re ferences
u Bernhardt, E. A., & Swiecki, T. J. (2001, October 31). Guidelines for
Development and Evaluating Tree Ordinances. Retrieved from International
Society of Arboriculture: http://www.isa-
arbor.com/education/resources/educ_TreeOrdinanceGuidelines.pdf
11.E.a
Packet Pg. 97 Attachment: Current Process and Tree Preservation 1-8-2018 (4397 : Commercial Landscape