…title
ITEM: ORDINANCE NO. 2022-02 (ARTIFICIAL TURF - ZONING TEXT AMENDMENT TO WELLINGTON’S LAND DEVELOPMENT REGULATIONS)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE WELLINGTON LAND DEVELOPMENT REGULATIONS, MORE SPECIFICALLY, A ZONING TEXT AMENDMENT TO MODIFY SECTION 3.2 - DEFINITIONS, OF ARTICLE 3, TO PROVIDE A DEFINITION FOR ARTIFICIAL TURF; TO MODIFY SECTION 6.4.2 - RESIDENTIAL DISTRICT/PUD SPECIFIC DEVELOPMENT STANDARDS, OF ARTICLE 6, TO PROVIDE STANDARDS FOR IMPERVIOUS SURFACE AREAS; AND TO MODIFY SECTION 7.8.1 - GENERAL LANDSCAPE STANDARDS, OF ARTICLE 7, TO ALLOW THE LIMITED USE OF ARTIFICIAL TURF FOR RESIDENTIAL AND NON-RESIDENTIAL USES, AS MORE SPECIFICALLY CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Ordinance No. 2022-02 to amend Sections 3.2, 6.4.2 and 7.8.1 of Wellington’s LDR to modify the regulations related to the limited use of artificial turf for residential and non-residential uses.
…body
EXPLANATION: Currently LDR Section 7.8.1.K limits the installation of artificial turf to governmental use. We have seen an increase use of artificial turf on residential lots in back yards and within commercial centers. On September 28, 2021, Council approved a Zoning in Progress (Resolution No. R2021-60) imposing a moratorium on the acceptance and processing of new applications for the installation of artificial turf for non-governmental uses for a period of 180 days, to allow time for research and draft proposed code amendment.
Proposed changes to the LDR will allow limited use of artificial turf to include:
• Residential properties, in rear and side yards only.
• Residential common areas, in recreation/amenity areas.
• Commercial, not allowed in landscape buffers, or areas visible from rights-of-way.
• Recreational areas, athletic/activity fields.
At the October 13, 2021 Planning, Zoning and Adjustment Board workshop meeting, the Board recommended the below revisions, which were included in the proposed text amendment:
• Removal of the requirement for artificial turf to have a 15-year warranty from a United States manufacturer. There are still standards to ensure the artificial turf surface fibers/blade and backing are made of durable materials.
• Provide limitation on the area allowed for artificial turf. Clarification is provided that a maximum 75% impervious surface area is allowed in the rear and side yard of residential properties,
• Include the three (3) feet setback for the side yard on residential properties to continue the landscape strip. The setback will be required when a residential property has 15 feet or more setback/separation between the side property line(s) and on-site building(s)/structure(s).
On November 10, 2021, Wellington’s Planning, Zoning and Adjustment Board (PZAB) recommended approval of the text amendment with a 6-1 vote. The PZAB did have a discussion on the 75% area allowed for artificial turf in the side and back yards for residential properties being too much impervious surface area.
On December 1, 2021, Wellington’s Tree Board recommended approval (5-1 vote) of the text amendment with a recommendation to reduce the area allowed for impervious surface in the side and back yards, and limit impervious surface area per lot size for residential properties.
On January 25, 2022, Council approved (4-1 vote) the first reading of the proposed text amendment with the modification of Section 7.8.1.K.1.a. to not allow artificial turf in the rear or side yards of residential lots, to limit the use as a decorative grid design in the front yard, and to include a requirement for manufacturer location and warranty of artificial turf. In addition, the Council directed staff to provide an analysis on lot size and percentage of impervious area in the rear and side yards for potential consideration.
Ordinance No. 2022-02, Exhibit A, is provided with strike-through for the text being deleted and underline for text being added, as amended by Council at first reading. It should be noted the Council did not amend Sections 6.4.2.A.2 and 7.8.1.K.4. as highlighted yellow in Exhibit A. These sections have to do with the allowed impervious surface area in the side and rear yards and setbacks for artificial turf in the side and rear yards of residential lots, which will need to be amended if the intent is to not allow artificial turf in those locations. If artificial turf in rear or side yards is not approved, it is recommended that a limitation be imposed on the maximum area for impervious surface (pool, patio, deck, walkways, tennis court, etc.) in the side and rear yards.
An analysis of existing impervious surface area (pool, patio, deck, walkway, etc.) in the side and rear yards relative to the lot size is provided below to illustrate the current impervious area of various sized lots. Also, provided is a calculation to illustrate what the impervious area would be if between 40 to 75% for each lot size.
|
Lot Size |
Rear/Side Yard (R/S) Area |
Existing Impervious Surface Area |
40% Impervious Area (R/S) |
50% Impervious Area (R/S) |
60% Impervious Area (R/S) |
75% Impervious Area(R/S) |
|
0.05 AC |
500 SF |
350 SF |
204 SF |
255 SF |
306 SF |
382 SF |
|
0.13 AC |
1,600 SF |
990 SF |
480 SF |
600 SF |
720 SF |
900 SF |
|
0.25 AC |
3,550 SF |
2,400 SF |
1,420 SF |
1,775 SF |
2,130 SF |
2,662 SF |
|
0.30 AC |
6,480 SF |
3,200 SF |
2,592 SF |
3,240 SF |
3,888 SF |
4,860 SF |
|
0.40 AC |
9,300 SF |
4,090 SF |
3,720 SF |
4,650 SF |
5,580 SF |
6,975 SF |
|
0.50 AC |
11,110 SF |
2,710 SF |
4,444 SF |
5,555 SF |
6,666 SF |
8,332 SF |
|
1.03 AC |
25,400 SF |
10,240 SF |
10,160 SF |
12,700 SF |
15,240 SF |
19,050 SF |
Based on the sample of existing rear and side yards, it is recommended the maximum impervious surface area be tiered by the lot size. For lot sizes less than 0.50-acre, it is recommended that a total of 75% of rear and side yards be allowed to be impervious surface area not to exceed 6,000 square feet in impervious area. For lot sizes of 0.50-acre or more, it is recommended that a total of 50% of rear and side yard be allowed to be impervious surface area not exceed 12,000 square feet in impervious area. The 75% impervious surface is recommended to help minimize the potential of creating a non-conformity for the smaller lots which may have covered the rear and side yards with a pool, patio, deck, walkway, etc. The recommended percentages and total square footage for impervious surface area in the rear and side yards of residential properties is the maximum; each lot may not be allowed the maximum impervious area due to on-site drainage and landscaping (trees and shrubs/hedges) requirements.
Staff Report Exhibit B is provided with recommended amendments since first reading which includes standards for percentage and square footage of impervious surface area (pool, patio, deck, walkway, etc.) allowed in the rear and side yards per the lot size.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: SECOND READING: YES
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Ordinance No. 2022-02 to amend Sections 3.2, 6.4.2 and 7.8.1 of Wellington’s LDR to modify the regulations related to the limited use of artificial turf for residential and non-residential uses.