Ord 25-15ORDINANCE NO. 25-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA ADOPTING COMPREHENSIVE PLAN
AMENDMENT 2015-WSP1, TO PROVIDE FOR A 10 -YEAR WATER
SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS
OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES
SECTION 163.3184; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED COMPREHENSIVE PLAN AMENDMENT
2015-WSP1 AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the
"Community Planning Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled
"Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the City of Delray Beach, prepared a 10 -Yeas Water Supply Facilities Work Plan
in accordance with State Law following the adoption of the Lower East Coast Water Supply Plan
Update by the South Florida Water Management District (SFWMD) as approved by the SFWMD
Board on September 12, 2013; and
WHEREAS, the City of Delray Beach did prepare an amendment to the Comprehensive Plan
entitled "Comprehensive Plan Amendment 2015-WSP1' ; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, considered this item at a public heating on September 21, 2015
and voted 7 to 0 to determine that the changes are consistent with and farther the objectives and
policies of the Comprehensive Plan, and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, recommended to the City Commission that the proposed
Comprehensive Plan Amendment 2015-WSP1 be transmitted, and
WHEREAS, the proposed Comprehensive Plan Amendment 2015-WSP1 was submitted to
and reviewed by the City Commission; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, following due public notice, the first of two requited public hearings on
Comprehensive Plan Amendment 2015-WSP1 was held by the City Commission on October 20, 2015,
at which time the Commission authorized the document entitled Comprehensive Plan Amendment
2015-WSP1 to be transmitted to the Florida Department of Economic Opportunity (DEO), sitting as
the State Land Planning Agency, for requited review; and
WHEREAS, following due public notice, the second of two requited public hearings on
Comprehensive Plan Amendment 2015-WSP1 was had by the City Commission on January 5; 2016, in
accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its
intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3248, inclusive, known as the "Community Planning Act."
Section 3. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2015-
WSP1," which is attached hereto as Exhibit "A" and incorporated herein by tefetence.
Section 4. That the document entitled "Comprehensive Plan — Delray Beach Florida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2015-WSP1."
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a coot of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after the
state Land Planning agency notifies the City that the package is complete, unless the Comprehensive
Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall
be the date a final order is issued by the State Land Planning or the Administration Commission,
ORD NO. 25-15
finding the adopted amendment to be in compliance. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the Administration Commission, this
amendment may nevertheless be made effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the state land planning agency.
PASSED AND ADOPTED in regular session on second and final reading on this the 56 day
of ja 12016.
ATTEST:
City Clerk
First Reading: October 20, 2015
Second Reading: TanmW55, 2016
CN772191ieF7
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Tim Stillings, AICP, Director of Planning and Zoning
THROUGH: Donald B. Cooper, City Manager
DATE: September 3, 2015
Page I of I
SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2015
ORDINANCE NO. 25-15 (FIRST READING/FIRST PUBLIC HEARING)
BACKGROUND
The item before the City Commission is the review and first reading of Ordinance No. 25-15.
This ordinance is for the adoption of the 10 -Year Water Supply Facilities Work Plan. The plan,
written by Kimley-Horn, was prepared in compliance with the 2013 Lower East Coast Water
Supply Plan Update that was adopted by the South Florida Water Management District.
The plan and the associated Comprehensive Plan Update have been reviewed by staff and
was reviewed by the Planning and Zoning Board at its September 21, 2015 public hearing.
Once the Ordinance and associated documents are approved for first reading by the
Commission, they must be sent to the State for review. Following this 30 day review period, it
will be brought back to the Commission for second reading and adoption.
RECOMMENDATION
Approve on first reading Ordinance No. 25-15 and authorize the transmittal of Comprehensive
Plan Amendment 15-WSP1 to the Florida Department of Economic Opportunity and other
state and regional agencies for review.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=9548&MectingID=580 12/30/2015
CITY OF DELRAY BEACH, FLORIDA
COMPREHENSIVE PLAN
AMENDMENT
2015 - W P1
Planning & Zoning Board
Transmittal Public Hearing
September 21, 2015
City Commission
Transmittal Public Hearing
October 6, 2015
City Commission
Adoption Public Hearing
January 5, 2016
COMPREHENSIVE PLAN AMENDMENT 15-WSP1
CITY OF DELRAY BEACH, FLORIDA
TABLE OF CONTENTS
Page TEXT CHANGES - (CITY INITIATED)
1 Introduction and Summary of Major Elements — Text amendments
1 Adoption Documentation — Text Amendment
1 Future Land Use Element — Text amendments, map amendments, and data table
updates
3 Public Facilities Element — Policy B-1.2 is deleted
3 Public Facilities Element — Policy B-2.1 is amended
3 Public Facilities Element — Delete the Water Supply Plan Sub -Element including
Maps #28 and #29. The 2015 Water Supply Work Plan will be attached and an
appendix.
3 Coastal Management Element — Text amendments
3 Conservation Element — Text amendments
3 Conservation Element - Policy A-5.1
3 Capital Improvement Element — Text amendments
4 Capital Improvement Element — Policy A.1.10 is amended
4 Capital Improvement Element — Table CI -GOP -1 is amended
4 Capital Improvement Element — Table RW-CIP is deleted
COMPREHENSIVE PLAN AMENDMENT 15-WSP1
CITY OF DELRAY BEACH, FLORIDA
TEXT CHANGES
CITYINITIA TED TEXT CHANGES. • The following are the major changes to the City of
Delray Beach Comprehensive Plan. In addition to the listed changes, there were also several minor
changes that have been made due to typographical errors, updated references, or minor text
amendment due to the 2015 Water Supply Plan update.
1) Location: Introduction and Summary of Major Elements — Pg. IN -2
a. Change: Text Amendment
b. Comment: This change updates the text to reflect the 2015 Water Supply Plan (WSP).
2) Location: Introduction and Summary of Major Elements — Pg. IN -3
a. Change: Text Amendment
b. Comment: This amendment updates the Planning Area to reflect the area used in the
2015 WSP report.
3) Location: Adoption Documentation — Pg AD -5
a. Change: Addition
b. Comment: Add a reference to the 2015 Water Supply Facilities Work Plan
4) Location: Future Land Use Element - Pg. FL -1, BACKGROUND
a. Change: Addition
b. Comment: Add the 2015 Water Supply Facilities Work Plan to the list of source
documents for this Element.
5) Location: Future Land Use Element - Pg. FL -3
a. Change: Amendments
At the time of adoption of the 1996 Evaluation and Appraisal Report, The City of Delray
Beach consisted of approximately 15.1 square miles, with a total planning area of IEr5
approximately 18.7 square miles. Since 1996, the City has processed 23 25 annexations
including approximately 207 acres of land, thereby increasing the incorporated area to 16.4
square miles.
The Planning Area contains IEr5approximatel r� 17 square miles (gross) with 0.8 square miles
under County jurisdiction (May, 2888 September 2014). The areas under County jurisdiction
include the following (please see Map #11 for geographical description of these areas):
b. Comment: Text changes to reflect the updated data and sources.
6) Location: Future Land Use Element - Pg. FL -7
a. Change: Table Amendment
b. Comment:
Table L-3 City of Delray Beach Population Projections
Year
Population
1996
54,508
2000
60,020
2007
64,360
2010
6I 59,695
2015
0 66,989
2020
77,()97
69,283
2025
78,443
71,576
2030
73,870
Source: Palm Beaeh Geuftt� 2007 Peptilafiefi Alleeafieft Model --1-19
Source: Palm Beach County
2-0 ' Population Allocation Model using fareh— 008 BEBR Population
Projections and the 2014 Water Supply Plan (Population projections based
on Palm Beach Countv TAZ data from 2012 and 2013 for service area and
corresponding linear) regressions
Table has been updated to show the new population pro)ections for the City.
7) Location: Future Land Use Element - Pg. FL -7
a. Change: Text Amendment
The City's poptdation is expected to increase byo
to 70,870 by the year 2015 and I ..
° The City's population is expected to increase by
approximately 12% to 66,989 by the year 2015 with continued growth through the planning
period of 2030. Beyond 2015, the City is anticipated to grow by an additional (approximate)
7% to 71,576 by the year 2025, and by an additional (approximate) 3% to 73,870 by year
2030.
b. Comment: Text change to reflect updated population data.
8) Location: Future Land Use Element - Pg. FL -8, AVAILABILITY OF FACILITIES
AND SERVICES
a. Change: Addition/Amendment
With the development of the Morikami Wellfield, west of the Planning Area, and expansion
of the City's reclaimed distribution system the City has sufficient raw water capacity to meet
the needs of the 2025 2030 population.
b. Comment: Add text regarding the reclaimed water distribution system.
9) Location: Future Land Use Element — Pgs FL 11-12 MAP#3 & Table L-4
a. Change: Map Amendment
Map #3 and Table L-4 to remove ID G from Map and Table due to the fact that the land is
no longer available for Potential Residential Units.
b. Comment: Update the information in the Map and Table due to changes in the status of
the land.
2111: g
10) Location: Public Facilities Element — Pg PF -1, BACKGROUND
a. Change: Addition
b. Comment: Add the 2015 WSP to the list of Source Documents for this Element.
11) Location: Public Facilities Element — Pgs PF -3-4
a. Change: Text Amendment
b. Comment: The text was amended to reflect the information found on the Water Use
Permit issued by the South Florida Water Management District (SFWMD).
12) Location: Public Facilities Element — Pg PF -14
a. Change: Policy Deletion
b. Comment: Policy B-1.2 has been deleted.
13) Location: Public Facilities Element — Pg PF -15
a. Change: Addition
b. Comment: Amend Policy B-2.1 to add the following bullet point:
Participating in SFWMD's Conservation Hotel and Motel Program (CHAMP) to promote
water conservation for many of the City's hotels.
14) Location: Public Facilities Element
a. Change: Amendment/Addition
b. Comment: Deletion of the 2008 WSP Sub -Element including the deletion of Maps #28
and #29 and add the 2015 WPS as an appendix to this element.
15) Location: Coastal Management Element — Pg CM -1, BACKGROUND
a. Change: Addition
b. Comment: Add the 2015 WSP to the list of Source Documents for this Element.
16) Location: Coastal Management Element — Pgs CM -3-4
a. Change: Text Amendment
b. Comment: Amend the text of this section to reflect the work that has been completed
on the reclaimed water system.
17) Location: Conservation Element — Pg CO -1, BACKGROUND
a. Change: Addition
b. Comment: Add the 2015 WSP to the list of Source Documents for this Element.
18) Location: Conservation Element — Pg CO -1, BACKGROUND
a. Change: Addition
b. Comment: Add the 2015 WSP to the list of Source Documents for this Element.
19) Location: Conservation Element — Pgs CO -7-8, CURRENT AND PROJECTED
WATER SOURCES AND NEEDS
a. Change: Text Amendment
b. Comment: Updated this section to reflect the work that has been completed to date.
20) Location: Conservation Element — Pg CO 14, Policy A-5.1
a. Change: Text Amendment
b. Comment: Amend Policy A-5.1 to read as follows:
3111: g
in 2008 2015, the City shaR adopt�s a Water Supply Fac4ities Work Plan to access projected
water needs and sources for at least a 104-9 year planning period consider4ng the Soil
Flofida Water Management ' The Ci
adopts, by reference, the City of Delray Beach's 2015 Water Supply Facilities Work Plan.
21) Location: Capital Improvement Element – Pg CI -1, BACKGROUND
a. Change: Addition
b. Comment: Add the 2015 WSP to the list of Source Documents for this Element.
22) Location: Capital Improvement Element – Pg CI -18
a. Change: Text Amendment
Policy A-1.10 The City shall allocate funds necessary to implement the 20 10 Year Water
Supply Facilities Work Plan as indicated in the current CIP as adopted. Table R—W
,
Reclaimed Water Capital improvement Schedtde.
[AMENDMENT 20145-WSP1]
b. Comment: Amended this policy to reference the 2015 Water Supply Facilities Work Plan
and to reference to the current CIP as adopted rather than amending Table RW-CIP and the
associated project work sheets.
23) Location: Capital Improvement Element – Pg CI -20, Table CI -GOP -1
a. Change: Table Amendment
b. Comment: Amended Table CI -GOP -1 to amend the LOS Standards to reflect the
change in water usage as follows:
i. Finished Water Usage 240-234.8 gal per person per day
ii. Raw Water Pumping Capacity 19.10 mgd
iii. Permitted Water Treatment 286 mgd
24) Location: Capital Improvement Element
a. Change: Table Deletion
b. Comment: Deleting Table RW-CIP and the associated Project Work sheets. The full
CIP is included by reference in Policy A-1.10 and therefore these pages can be removed.
EITY OF UELRRY BEREW.
December 10, 2015
Ms. Julie A Dennis, Interim Director
Division of Community Development
Florida Department of Economic Opportunity
Caldwell Building
107 E, Madison Street
Tallahassee, FL 32399
Re: City of Delray Beach, DEO #15-1 ESR.
Dear Ms. Dennis;
Thank you for your comments on the City's proposed comprehensive plan amendment
addressing the 2015 Water Supply Facilities Work Plan (WSP). The following is in response
to your letter dated December 2, 2015. The following is offered with regard to the technical
comments provided with the correspondence.
1. Conservation Element Policy A-5.1. Consistent with DSO's recommendation,
Policy A-5.1 has been revised to read, "The City adopts, by reference, the City of
Delray Beach's 2015 10 -year Water Supply Facilities Work Plan."
2. Revisions to the Capital Improvements Plan. DEO has requested amendments
noting Table RW-CIP does not sufficiently cover the five-year period and only
covers the Capital Improvement of reclaimed water. The City is currently
undertaking a complete review of the CIP process, including establishing clear
criteria for the ranking and funding of all capital projects. In addition, the City has
begun a Water Treatment and Feasibility study. The results of this study will have a
direct impact on the future CIP,
3. Finally, the City Council has directed staff to begin a major update to the City's
Comprehensive Plan. With this update, the City will update the Capital Improvement
element to be in compliance with all State statues, including Section 163.3177(3)(a)4.,
F.S.
In addition, the City did receive responses back from the other agencies. There were no
significant comments in those responses that have not been addressed in the changes noted
above.
Following the adoption of the proposed Ordinance and study, a complete set of all required
materials will be remitted to your office as well as to all agencies as required.
The City is committed to working with DEO and appreciates your consideration of the
responses and corrective measures.
If you have any questions, please feel free to contact me.
Sincerely,
7ri
f� E. Stivers; AICP
cipal Planner
y of Delray Beach
CC: Kimley-Horn
File