Statura IntelligenceUpdate land development regulations greenspace definition
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DATE: May 27, 2022 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen R. Olmsted, AICP, LEED-GA Planning Director RE: Proposed Amendment - Chapter 30, Land Development Regulations –Division 9.2, Definition of Terms, “Green Space” The Village Council approved an ordinance at first reading on May 10, 2022 to include lakes and retention areas in the definition of “greenspace”…
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DATE: May 27, 2022 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen R. Olmsted, AICP, LEED-GA Planning Director RE: Proposed Amendment - Chapter 30, Land Development Regulations –Division 9.2, Definition of Terms, “Green Space” The Village Council approved an ordinance at first reading on May 10, 2022 to include lakes and retention areas in the definition of “greenspace” provided in Division 9.2 (Definition of Terms) of the Village’s Land Development Regulations. As requested by the Village Council at first reading, the definition has since been further modified to clarify that fountains and other impervious improvements are excluded from the definition. Changes to the current definition made since first reading are highlighted in green. Div. 9.2. - Definition of terms. Green space (pervious area). A permeable area or areas open to the sky (except for roof overhangs up to three five feet) including beautification strips, consisting of those materials such as, but not limited to hedges, trees, planted ground cover, grassed areas, and planted floral installations, and dry retention areas, all of which must be composed of natural plantings only; and lakes, ponds, and retention areas, provided such plantings and water bodies are privately owned and included in the description of the subject property. Green space or landscaped area excludes water bodies, artificial grass and artificial landscaping, swimming pools, fountains, tennis courts and other similar impervious improvements. Please note: The noted change to roof overhangs was approved by the Village Council in 2018 within
22 of the Village’s Land Development Regulations, but was not changed within the definition of green space as proposed herein. Exclusion of artificial grass and artificial landscaping was approved by the Village Council in a 2021 amendment. A copy of the proposed ordinance for consideration by the Local Planning Agency and the Village Council at second reading is attached. If you have questions or require additional information, please let me know. Note: Strikethrough words are deletions to the existing words in the Code of Ordinances and Land Development Regulations. Underlined words are additions to the existing words in the Code of Ordinances and Land Development Regulations. -1- ORDINANCE NO. 2022-___ 1 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 2 PINECREST, FLORIDA AMENDING THE PINECREST CODE OF 3 ORDINANCES, CHAPTER 30, LAND DEVELOPMENT REGULATIONS, 4 ARTICLE 9, RULES OF CONSTRUCTION AND DEFINITIONS; PROVIDING 5 FOR AMENDMENT AND ADOPTION; PROVIDING FOR INCLUSION IN 6 THE VILLAGE OF PINECREST CODE OF ORDINANCES; PROVIDING FOR 7 CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 8 EFFECTIVE DATE. 9 WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State 10 of Florida, and
021(1), Florida Statutes, the Village of Pinecrest, Florida (the 11 “Village”), a municipal corporation, enjoys all governmental, corporate, and proprietary 12 powers necessary to conduct municipal government, perform municipal functions, and 13 render municipal services, and may exercise any power for municipal purposes, except 14 as expressly prohibited by law; and 15 WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, 16 Florida Statutes, provide municipalities the authority to exercise any power for municipal 17 purposes, except where prohibited by law, and to adopt ordinances in furtherance of 18 such authority; and 19 WHEREAS, the Village Council of the Village of Pinecrest (“Village Council”) finds 20 it periodically necessary to amend its Code of Ordinances and Land Development 21 Regulations (“Code”) in order to update regulations and procedures to implement 22 municipal goals and objectives; and 23 WHEREAS, the Village Council of the Village of Pinecrest, Florida amended the 24 Village’s Comprehensive Development Master Plan on October 18, 2016; and 25 WHEREAS, the Village Council has identified amendments to the Village’s Code of 26 Ordinances and Land Development Regulations necessary for implementation of the 27 goals, objectives, and policies of the Village’s Comprehensive Development Master Plan, 28 and Pinecrest Parkway (US 1) Vision Plan; and 29 WHEREAS, the Village Council finds that lakes, ponds and water bodies are 30 beneficial to the natural environment and provide environmental benefits similar to those 31 of undeveloped natural green space; and 32 Note: Strikethrough words are deletions to the existing words in the Code of Ordinances and Land Development Regulations. Underlined words are additions to the existing words in the Code of Ordinances and Land Development Regulations. -2- WHEREAS, the Village Charter empowers the Village Council to adopt, amend or 33 repeal its ordinances and resolutions as may be required for the benefit of the residents of 34 the Village of Pinecrest; and 35 WHEREAS, the Local Planning Agency, held a duly advertised public hearing on 36 June 8, 2022; and 37 WHEREAS, after reviewing the Local Planning Agency’s recommendations, the 38 recommendations of Village staff, and comments from the public, the Village Council finds 39 that the proposed amendment to its Code of Ordinances and Land Development 40 Regulations is in compliance and consistent with Florida law and its adopted 41 Comprehensive Development Master Plan; and 42 WHEREAS, the Village Council further finds it to be in the best interest of the public 43 health, safety and welfare of the citizens to adopt this ordinance amending the Village’s 44 Code of Ordinances and Land Development Regulations; 45
NOW, THEREFORE,
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 46 VILLAGE OF PINECREST, FLORIDA: 47 48 SECTION 1. Recitals. 49 The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being 50 true, correct and reflective of the legislative intent underlying this Ordinance and are 51 hereby made a specific part of this Ordinance. 52 SECTION 2. Amendment and Adoption. 53 The amendments to the Village of Pinecrest Code of Ordinances, Chapter 30, 54 Land Development Regulations, Article 9, “Rules of Construction and Definitions”, Division 55 9.2, “Definition of Terms” is hereby amended and adopted as follows: 56 ARTICLE 9. - RULES OF CONSTRUCTION AND DEFINITIONS 57 Note: Strikethrough words are deletions to the existing words in the Code of Ordinances and Land Development Regulations. Underlined words are additions to the existing words in the Code of Ordinances and Land Development Regulations. -3- * * * 58 Div. 9.2. - Definition of terms. 59 * * * 60 Green space (pervious area). A permeable area or areas open to the sky (except for roof 61 overhangs up to three five feet) including beautification strips, consisting of those materials 62 such as, but not limited to hedges, trees, planted ground cover, grassed areas, and planted 63 floral installations, and dry retention areas, all of which must be composed of natural 64 plantings only; and lakes, ponds, and retention areas, provided such plantings and water 65 bodies are privately owned and included in the description of the subject property. Green 66 space or landscaped area excludes water bodies, artificial grass and artificial landscaping, 67 swimming pools, fountains, tennis courts and other similar impervious improvements. 68 69 * * * 70 71 SECTION 3. Inclusion in the Code of Ordinances. 72 It is the intention of the Village Council and it is hereby ordained that the 73 amendments to the Code of Ordinances and Land Development Regulations made by this 74 Ordinance shall become part of the Code of Ordinances, and that the sections of this 75 Ordinance may be renumbered and relettered as necessary, and that the word 76 “Ordinance” may be changed to “Section, “Article” or other appropriate word. 77 SECTION 4. Conflicts. 78 All ordinances or parts of ordinances and all resolutions or parts of resolutions in 79 conflict with the provisions of this Ordinance are hereby repealed. 80 SECTION 5. Severability. 81 Note: Strikethrough words are deletions to the existing words in the Code of Ordinances and Land Development Regulations. Underlined words are additions to the existing words in the Code of Ordinances and Land Development Regulations. -4- If any section, clause, sentence or phrase of this Ordinance is for any reason held 82 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 83 the validity of the remaining portions of this Ordinance. 84 SECTION 6. Effective Date. 85 This Ordinance shall be effective immediately upon passage by the Village Council 86 on second reading. 87 PASSED on first reading this 10th day of May, 2022. 88 PASSED AND ADOPTED on second reading this ____th day of ________, 2022. 89 90 91 Joseph M. Corradino, Mayor 92 ATTEST: 93 94 95 96 Priscilla Torres, CMC 97 Village Clerk 98 99 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 100 101 102 103 Mitchell Bierman 104 Village Attorney 105 106 Motion on Second Reading by: 107 Second on Second Reading by: 108 109 Vote: 110
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