Agenda Item: 12(b)
Prepared By: Mike McNees
Business: Council Item
Department: Executive
Subject:
Title
Beautification Advisory Committee (BAC) Recommendation to Establish a Variance Process for Reviewing Requests to Place Landscape Plants in the Public Rights-of-Way
Body
BACKGROUND:
Pursuant to City Ordinance 15-18, construction and landscaping activities within the public right-of-way within the City of Marco Island are governed by the Construction Standards Handbook for Work Within the Public Right-of-way. Section 13 of the Handbook, titled "Sod & Approved Groundcover Species Placement" lists what species of ground cover are approved for such installation. The Beautification Advisory Committee (BAC) recommended earlier in 2019 that Frog Fruit (Phyla nodiflora) be added to the list of approved ground covers, and that planting in the swale areas around mailboxes be allowed with certain stipulations. City Council approved those recommendations via Resolution 19-03 on January 7, 2019. (Resolution attached)
Furthermore, both Section 30-435(h) and Section 42-76(a) of the Land Development Code refer to the requirement to obtain a permit before placing landscape material within the public right-of-way.
It is the feeling of the BAC that City Codes are too restrictive in prohibiting plantings in the right-of way. At their May 1, 2019 meeting the BAC, by a four to one vote, recommended that the City Council establish a variance process for reviewing requests to place landscape plants in the public right-of-way. (See attached minutes.)
FUNDING SOURCE / FISCAL IMPACT: N / A
RECOMMENDATION:
If in the view of the BAC the list of approved right-of way plantings is unnecessarily narrow, it is Staff's recommendation that rather than create a new variance process which would add to a resident's bureaucratic burden, the City Council refer the issue back to the BAC to draft a broader list of approved plantings.
POTENTIAL MOTION:
"I move to refer the ...
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