PC Staff Report – 6/22/11 TA-4-6-11 Item No. 11 - 1 PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item PC Staff Report 6/22/11 ITEM NO. 11 TEXT AMENDMENT TO CITY OF LAWRENCE DEVELOPMENT CODE; CHP 20; SYNTHETIC TURF AS LANDSCAPING MATERIAL (MKM) TA-4-6-11: Consider Text Amendments to the City of Lawrence Land Development Code, Chapter 20, Articles 10 and 17, regarding synthetic turf as landscaping material. Initiated by City Commission on 5/3/11. RECOMMENDATION: Staff recommends denial of the amendments to Articles 10 and 17 of the Land Development Code to add synthetic turf as landscaping material based on the analysis provided in the Staff Report. Reason for Request: “To allow synthetic turf landscaping recently applied to an apartment development to remain”. RELEVANT FACTOR: Conformance with the Comprehensive Plan. PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None to date. ATTACHMENTS A. Initiation staff memo B. LEED 2009 for New Construction and Major Renovations C. State of New York Health Fact Sheet, including referenced studies D. 2008 Center for Disease Control and Prevention Health Advisory E. Connecticut Department of Environmental Protection Report F. Natural Landscaping and Artificial Turf: Achieving Water Use and Pesticide Reduction G. Low Maintenance Landscaping, K-State Experiment and Extension Office Report H. Punta Gorda, FL Application OVERVIEW OF PROPOSED AMENDMENT The City Commission initiated consideration of a request to allow the use of synthetic turf as landscaping material at their May 3, 2011 meeting at the request of Paul Werner Architects. The request is being made in order to maintain recently installed synthetic turf at the apartment complex being constructed at the intersection of Trail and Frontier, formerly known as the Boardwalk Apartments. While the site plan was approved with code compliant landscape materials (sod, seed), a routine inspection of the site yielded the installation of the synthetic turf. The owner was informed of the non-compliant installation and was provided options to conform to the code, including installing the approved plant material, seeking a variance, or requesting a text amendment to revise the applicable sections of the code. The applicant would like the city to consider revising the Development Code to permit the use of synthetic turf in any landscape application. A similar situation occurred previously with the Oread Inn development. Synthetic turf was installed in a small area, although the approved development plan [FDP-02-03-09] required code compliant landscape materials. The artificial turf was discovered during a site inspection prior to the release of PC Staff Report – 6/22/11 TA-4-6-11 Item No. 11 - 2 occupancy permits. The Planning Director made the following statement when approving the use of this limited amount of artificial turf: “While artificial turf is not a normally accepted landscape material, it is appropriate in this specific situation in combination with the natural materials on site.” It is possible that synthetic turf may be appropriate in some locations where traditional or low maintenance landscaping would be difficult to establish or maintain. In these cases, Alternative Compliance can be requested per the requirements in Section 20-1007. Section 20-1007(b) states that, “Alternative Compliance is limited to the specific site under consideration and does not establish precedent for acceptance of alternative compliance plans on other sites.” The amendment would include ‘synthetic turf’ in the definition of ‘landscape materials’. Standards pertaining to the use of synthetic turf as landscaping material would likely need to be developed to support its use, if found to be appropriate, as discussed later in this report. The use of synthetic turf for athletic fields is not included in this amendment as the synthetic turf is being utilized in this situation as a ‘surfacing’ rather than ‘landscaping’ material. CONFORMANCE WITH THE COMPREHENSIVE PLAN A sustainable physical environment is a principal goal of Horizon 2020. Sustainable landscaping practices and materials comply with this goal. The comprehensive plan recommends the use of high quality materials in the construction of landscape areas and recognizes that natural vegetation adds greatly to the appearance of the community as a whole and should be maintained. Horizon 2020 and the Land Development Code emphasize the use of natural and living plant materials. The proposed amendment to allow the use of synthetic landscaping materials is not in conformance with Horizon 2020. CRITERIA FOR REVIEW AND DECISION-MAKING Section 20-1302(f) provides review and decision-making criteria on proposed text amendments. It states that review bodies shall consider at least the following factors: 1) Whether the proposed text amendment corrects an error or inconsistency in the Development Code or meets the challenge of a changing condition; and Applicant Response: “The amendment does not correct an error or inconsistency but instead provides an alternative option to turf grass. Synthetic turf is a viable option for turf management in the right location. This text amendment would give the Planning Department the ability to approve it.” “With the increased awareness of providing green building options synthetic turf has its benefits which include using no irrigation, fertilizer or pesticides to maintain it. Synthetic turf also reduces emissions since it does not need mowed.” Staff Review: The text amendment is intended to address a changing situation: the need for more sustainable development and greater environmental protection of our natural resources. The applicant indicated that, in the right location, synthetic turf is a viable option to natural turf because it does not require water, fertilizer, pesticide or mowing. As a community, we are becoming more conscious of the environmental impacts of our actions and conservation of water is recognized as an important means to protect a non-renewable natural resource. Minimizing the use of fertilizers and pesticides are steps that could reduce negative impacts on our PC Staff Report – 6/22/11 TA-4-6-11 Item No. 11 - 3 ground and surface waters. Mowing may result in emissions so reduced mowing could be a factor in sustainable landscaping. In order to reduce the negative impacts and conserve water, landscaping which addresses these concerns is more sustainable and should be encouraged. This staff report reviews the impact of synthetic turf to determine if the use of synthetic turf meets the challenge of increased sustainability. This review concludes that artificial turf is not a sustainable means of landscaping and does not meet the challenge of changing conditions but that low maintenance natural landscaping does. Staff concludes that there is no error in the Comprehensive Plan or Development Code to correct and that the use of living and natural landscape materials is appropriate. 2) Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104). Applicant Response: “Horizon 2020 states on pages 5-22, 5-28, and 6-28, “Encourage the use of high quality materials in the construction of screening and landscape areas to decrease long-term maintenance costs.” Synthetic turf falls into this category because it is a high quality material made of partly recycled materials and has no yearly maintenance cost such as irrigation systems, fertilizers or pesticides. Staff Review: As the applicant pointed out, Horizon 2020 recommends the use of high quality materials in the construction of landscape areas to minimize maintenance costs. The comprehensive plan does not recommend the use or synthetic landscaping materials, but in several places emphasizes the importance of natural features and natural vegetation. “The Plan proposes the development of neighborhoods in a range of densities to provide a sense of community and to complement and preserve natural features in the area.” (Page 3-1, Background Studies) “Natural environmental features within residential areas should be preserved and protected. Natural vegetation and large mature trees in residential areas add greatly to the appearance of the community as a whole and should be maintained. Changes to the natural topography should be minimal.” (Policy 5.1, page 5-19 Residential) “Promote the integration of mature trees, natural vegetation, natural and environmentally sensitive areas whenever possible to buffer low-density developments from more intensive land uses. (Policy 6.1(c)(2)(a), page 5-21, Residential) “Site design and building features shall be reflective of the quality and character of the overall community and incorporate elements familiar to the local landscape.” (Page 6-2, Commercial) “Encourage the use of existing vegetation, such as stands of mature trees, and other natural site features into the landscape design as natural buffers or focal points.” (Policy 3.1(d)(4)(c). Page 7-16 Industrial and Employment) Horizon 2020 does not specifically address synthetic landscaping materials, but does in several instances recommend the use of natural landscaping materials. The plan states in the residential chapter that natural vegetation ‘adds greatly to the appearance of the community as a whole’. When discussing commercial development it recommends that site design should be reflective of the quality and character of the overall community and should incorporate elements familiar to the local landscape. The type of landscaping material used has an impact on the character of the area. PC Staff Report – 6/22/11 TA-4-6-11 Item No. 11 - 4 Introducing synthetic turf into the landscape creates an artificial characteristic that is inconsistent with the natural look of Lawrence today. The proposed text amendment is not in conformance with the comprehensive plan. GENERAL REVIEW The purpose of landscaping, per Section 20-1001 of the Development Code, is to maintain the City’s quality, heritage and character by enhancing its visual appearance, and to enhance environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge filtering of stormwater runoff, abatement of noise, glare and heat.