22-96 ORDINANCE NO. 2 2- 9 6
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS",
SECTION 4.6.16, "LANDSCAPE REGULATIONS" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SUBSECTION 4.6.16(B), "APPLICABILITY", TO PROVIDE FOR
M/NIMUM LANDSCAPE AND MAINTENANCE REQUIREMENTS; BY AMENDING
SUBSECTION 4.6.16(C), "COMPLIANCE AND RELIEF", TO PROVIDE FOR THE
REQUIREMENTS FOR A LANDSCAPE PLAN AND TO CREATE THE LANDSCAPE
COMPLIANCE REVIEW COMMITTEE; BY AMENDING SUBSECTION 4.6.16(H)(4),
"EXISTING MULTIPLE FAMILY, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT",
TO PROVIDE THAT ALL EXISTING MULTI-FAMILY UNITS AND COMMERCIAL AND
INDUSTRIAL USES SHALL COMPLY WITH MINIMUM LANDSCAPE STANDARDS AND
BY SPECIFICALLY INCLUDING DUPLEXES IN THIS SECTION; PROVIDING A SAVING
CLAUSE, A GENrERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to improve the
landscaping and maintenance of the City by providing minimum standards for the installation and
maintenance of landscaping in order to preserve the appearance, character and value of the
surrounding neighborhoods, thereby promoting aesthetics of neighborhoods within the City and
promoting the general welfare; and
WHEREAS, the City Commission of the City of Delray Beach believes that the
appearance of it's neighborhoods is important in fostering pride in the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Supplemental District Regulations", Section 4.6.16,
"Landscape Regulations" of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended, by amending subsection 4.6.16(B) "Applicability", to
read as follows:
(B) Applicability: The provisions of this Section shall apply as follows:
(1) To the construction of single family homes:,~ for which a building permit is
applied for on or after October 1, 1990. Such properties shall comply with minimum standards
set forth in. Section.4.6.160-I)(1) and other applicable sections of 4.6.16.
(2) To existing development of all t_vpes, including, but not limited to,
commercial, industrial and multifamily development including duplexes, bus excluding single
family detached dwellings on a single lot. Such development shall comply with. the minimum
standards set forth within sections 4.6.16(C)(1) and 4.6.16(H)(4) and other applicable sections of
4.6.16, in addition to all requirements set forth in the approved landscape plan of record.
(-2-)(3) To any new development or any modification to o__f existing development:
whev~ T_~hat portion of the site which is being newly developed or modified must comply with
the requirements contained herein.
(-g-)(4) To any modification to existing development ~ which results
in an increase of 25% of i_.n the gross floor area of the structure, or structures, situated on the site._
I_in -.vh/ch such cases the entire site shall be upgraded to present landscape standards~.
Section 2. That Chapter 4, "Supplemental District Regulations," Section 4.6.16,
"Landscape Regulations" of the Land Development regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended, by amending subsection 4.6.16(C) "Compliance and
Relief', and by enacting a new subsection 4.6.16(C), to read as follows:
(C) Compliance. Review: Appeal. and Relief.'
(1) Compliance:
Prior to the issuance of a building permit for a structure or any a
paving pemilt , c,r -":"
e~sting ....
~ compli~ce ~th the requirements of tkJ~ Section
4.6.16 sh~l be assured t~ough the renew ~d approval of a
l~dscape pl~ sub~tted pursuit to Section 2.4.3(C).
Prior to upgrading landscapin, g on an existing site a landscape plan
,hall be submitted which shall:
1_. Be drawn to scale consistent with the site plan with
crowded areas provided in a larger scale presentation.
2_. Clearly delineate the existing and proposed parking spaces
or.. other vehicular use areas, access aisles, sidewalks,
building locations and similar features.
3_. Contain. a Statement of intent as to the method and
coverage of irrigation (irrigation systems require a separate
permit).
2 ORD. NO. 22-96
Designate by name and location the plant material to be
installed or preserved.
Show location of overhead lines and utility easements.
Show proposed or existing locations of refuse areas and
methods of screening.
7._, Show proposed or existing locations of free standing signs.
(2) Review: The Landscape Compliance Review Co .mmittee is hereby created.
Landscape plans for the upgrading of existing properties shall be reviewed by the Landscape
Compliance Review Committee. The Committee will be comprised of two people from the
Planning and Zoning Department, two people from the Community Improvement Department and
the City Engineer. The City_ Manager will appoint the staff' members to the Committee. The
purpose of the Committee will be to review landscape plans for existing duplex, industrial,
commercial and multi-family properties to determine if the plans meet the minimum req.uired
standards.
(3) Appeals: Appeal from the Landscape Compliance Review Committee shidl
be to the Site Plan Review and Appearance Board or the Historic Preservation Board as
t~pplicable. Appeal from the Site Plan Review and Appearance Board or the Historic Preservation
Board shall be to the City Commission.
(-gK~ Relief: Relief from the provisions of this Section shall only be granted
throu e waiver processection 2.4. zxcc
.... : .... ~'"- *~'~ ' ' _b~ the City Commission, Site Plan Review and
Appearance Board or Historic Preservation Board as applicable.
Section 3. That Chapter 4, "Supplemental District Regulations", Section 4.6.16,
'Landscape Regulations" of the Code of Ordinances of the City of Delray Beach, is hereby
amended by amending Section 4.6.16(H), "Minimum Landscape Requirements", by amending
subsection 4.6.16(H)(4), "Existing Multiple Family, Commercial, and Industrial Development", to
read as follows:
(4) Existing Multiple Family, Duplex, Commercial, and Industrial
Development: All existing multi-family units, duplexes, and commercial and industrial uses that
................ , t,, comply with the minimum standards for landscaping as follows:
(a) Provide for perimeter landscaping adjacent to public rights-of-way
to screen vehicular parking, open-lot sales, service and storage
areas to the extent physically possible and deemed feasible by the
D ....... *i~. l~..,.i ...!., ...... IL..I.,1,.~ Landscape Compliance
Review Committee. Elimination of parking spaces required by
3 ORD. NO. 22-96
code will not be permitted to upgrade landscaping, however, the
deletion of parking spaces in excess of code requirements will be
required if they are in areas that will facilitate the required
implementation of the minimum landscape requirements for existing
development contained herein.
-'~ right-
(b) Provide sod and irrigation within the ........ -,,,v,,-,,-,'~ -~v,~-,--,,,:~ ,~-~s' o~,~,.,,~
of-way between the property line and the edge of pavement of the
adjacent ..:~,,,,~,,,, ,,.^$' ...... -,,,,, travel lane. The removal of existing asphalt
may be required within the area between the property_ line and the
edge of pavement of the adjacent travel lane.
(c) Provide screening for all dumpsters and refuse areas and all ground
level air-conditioning units and mechanical equipment. Adequacy
of screening shall be determined by the e:+~ m~. -~..: ...... .~
Landscape Compliance Review Committee.
(d) Foundation landscaping shall be provided for building elevations
that are visible from adjacent rights-of-way.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or pan thereof other
that the part declared to be invalid.
Section 5. That all ordinances or pans of ordinances which conflict herewith be and the
same is hereby repealed.
.Section 6. That this ordinance shall become effective aider its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
21st: day of May ,1996.
ATTEST:
City Clerk ' - ~ ' ~
Fkst Reading l~ay 7, 1996
Second Reading l~lay 21, 1996
4 ORD. NO. 22-96
MEMORANDUM
TO: MAYOR AND CITY COmMiSSIONERS
SUBJECT: AGENDA ITEM # l0 P'- REGULAR MEETING OF MAY 21, 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 22-96 (TEXT
AMENDMENTS TO LANDSCAPE REGULATIONS)
DATE: MAY 16, 1996
This is second reading and public hearing for Ordinance No. 22-96 which
amends LDR Sections 4.6.16 (B), "Applicability", (C), "Compliance and
Relief", and (H)(4), "Existing Multiple Family, Commercial and Industrial
Development", regarding compliance with the minimum landscape requirements
for existing properties. For background and analysis regarding this item,
please see the attached Planning and Zoning Board staff report.
At its meeting of April 15, 1996, the Planning and Zoning Board formally
reviewed this item. There w-as no public testimony regarding the proposed
amendment. After reviewing the staff report and discussing the proposal,
the Board voted 5 to 0 (Young and Schmidt absent) to recommend approval.
At first reading on May 7th, Commission passed the ordinance by unanimous
vote.
Recommend approval of Ordinance No. 22-96 on secoDJ and final reading.
ref: agmemo6
THRU: DEPARTMENT~OF PI_,~N~NI~"',~D ZONING
FROM: JANET MEEKS
SENIOR PLANNER
SUBJECT: MEETING OF MAY 7, 1996
CONSIDERATION OF AN LDR TEXT AMENDMENT TO SECTIONS
4.6.16(B), (C), AND (H)(4) OF THE LANDSCAPE REGULATIONS
WHICH RELATES TO COMPLIANCE WITH MINIMUM LANDSCAPE
REQUIREMENTS FOR EXISTING PROPERTIES
The action requested of the City Commission is approval on first reading of an
ordinance amending LDR Sections 4.6.16(B) Applicability, (C) Compliance and
Relief, and (H)(4) Existin,q Multiple Family Commercial, and Industrial
Development of the Landscape Regulations within the LDR's, regarding
compliance with the minimum landscape requirements for existing properties.
For background and analysis regarding this item see the attached P&Z Board
staff report.
At is meeting of April 15, 1996, the Planning and Zoning Board formally reviewed this
item. There was no public testimony regarding the proposed amendment. After
reviewing the staff report and discussing the proposal, the Board voted 5-0 (Young and
Schmidt absent) to recommend approval of the amendment to LDR Sections 4.6.16(B),
(C), and (H)(4) of the Landscape Regulations.
By motion, approval on first reading the ordinance amending LDR Sections 4.6.16(B)
Applicability, (C) Compliance and Relief, and (H)(4) Existing Multiple Family
Commercial, and Industrial Development of the Landscape Regulations.
Attachments:
· Planning and Zoning Board Staff Report and Documentation of April 15, 1996
· Ordinance by Others
g'.
MEETING OF: APRIL 15, 1996
AGENDA ITEM: IV. E.AMENDMENT TO LDR SECTIONS 4.6.16(B), (C),
AND (H)(4) WHICH RELATES TO COMPLIANCE
WITH MINIMUM LANDSCAPE REQUIREMENTS
FOR EXISTING PROPERTIES
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to LDR Sections 4.6.16(B) Applicability., (C) Compliance and
Relief, and (H)(4) Existing Multiple Family Commercial. and Industrial Development of
the Landscape Regulations within the Land Development Regulations (LDR's)
regarding compliance with minimum landscape requirements for existing properties.
With the adoption of the LDR's in October, 1990, a landscape ordinance was approved
which set forth minimum landscape requirements for all existing properties with the
exception of single family residences. These landscape requirements became effective
on October 1, 1993, and in general require the following upgrades to properties:
· provision of perimeter landscaping around parking lots adjacent to public
rights-of-way;
· screening dumpsters;
provision of foundation landscaping for those sides of the buildings visible
from adjacent rights-of-way; and
· provision of sod and irrigation in the swale areas contiguous to the subject
property.
In 1992, the City issued courtesy violation notices, and in 1994, began the task of
issuing the actual Notice of Violation. To date approximately 50% of the cited properties
have come into compliance with the minimum landscape requirements. The ordinance
has now been enforced for approximately two years. Several problems with the original
language have been discovered, and need to be changed to better enforce the original
intent of the code, clarify wording, and provide a description of the review process.
P&Z Board Memorandum Staff Report
LDR Text Amendment
Page 2
LDR Section 4.6.16(B) Applicability
The proposed changes to this section in general clarify that the landscape regulations
apply only to those single family residences built after October 1, 1990; and provides
specific language that all existing developments (i.e. commercial, industrial, and
multiple family developments including duplexes, but excluding single family dwellings)
are required to comply with the minimum landscape requirements regardless of when
they were built.
As currently written, duplexes are not specifically listed as a structure which needs to
comply with the minimum landscape requirements. In addition, the current code only
requires that properties built prior to 1971 comply. This was the year that the
Landscape Regulations were adopted, and it was presumed that the landscape plan of
record for properties built after 1971 could be referred to for compliance, and properties
could be cited under the maintenance provisions of the code. However, the landscape
plan of record for the property could not always be found or provided. Also, some of
the provisions in the minimum landscape requirements such as the screening of
dumpsters, providing sod and irrigation in the right-of-way, and the provision of
foundation plantings were not requirements in 1971. The revised ordinance will apply
to all existing developments regardless of when they were built.
LDR Section 4.6.16(C) Compliance and Relief
Under the Compliance section, distinctions will be made between the requirements in
the preparation of the plans submitted for new structures and requirements in the
preparation of plans submitted for upgrading existing properties due to the minimum
landscape requirements. Provisions for Review and Appeals will be added to this
section. The Landscape Compliance Review Committee will be officially created to
review the landscape plans for existing developments to determine if the plans meet
minimum required standards. Appeals from the Landscape Compliance Review
Committee will be to the Site Plan Review and Appearance Board or the Historic
Preservation Board, with a provision for appeals from these Boards to the City
Commission. The Relief section for waivers remains the same.
LDR Section 4.6.16(H)(4) Existing Multiple Family, Commercial, and Industrial
Develo_oment
This section of the code explains what type of upgrades are required of existing
properties to comply with the minimum landscape requirements (i.e. provision of
perimeter landscaping adjacent to rights-of-way, screening of dumpsters, etc.).
Proposed changes to this section include clarification that duplexes are considered a
multiple family structure which must comply with minimum landscape requirements, and
P&Z Board Memorandum Staff Report
LDR Text Amendment
Page 3
the 1971 date has been removed for reasons as described above.
The Landscape Compliance and Review Committee is given the authority to approve
the plans for compliance with minimum landscape requirements for existing properties
instead of the Site Plan Review and Appearance Board or the Historic Preservation
Board, which will expedite the process. Lastly, the code states that sod and irrigation is
to be provided within the unpaved portion of the right-of-way between the property line
and the edge of pavement of the adjacent travel lane. This item has been changed to
include language which may require the asphalt to be removed within this area. The
removal of asphalt will help to eliminate extensive areas of paving within the rights-of-
way that impede drainage.
1. Continue with direction.
2. Recommend approval of the LDR amendments to Section 4.6.16(B), (C), (H)(4).
3. Recommend denial of the LDR amendments with reason stated.
By motion, recommend approval of the amendments to LDR Sections 4.6.16(B)
Applicability_, (C) Compliance and Relief, and (H)(4) Existing Multiple Family
Commercial. and Industrial Development. of the Land Development Regulations to the
City Commission.
Attach ments:
· Ordinance By Others
£1T¥ DF DELRR¥ BERgH
CITY ~' ........ ,.,~ ~,.~
CITY ATTORNEY'S OFFICE
FA CSIMI LE 4()7/278-4755 W~'s D~ L~e: (407) 243-7091
DELRAY BEACH
lll.~dca Ci~ MEMO~NDUM
'ill : M~ch 6,1996
~ 993 TO: David H~den, Ci~ M~ager
FROM: Bfi~ Shutt, ~sist~t City Attorney
S~CT: L~dscape Ordin~ce
~er receiving co--ems ~om N~cy Davila on the proposed landscape ordin~ce our
office has made the folloMng ch~ges:
1. under section 1, p~a~aph (B)(3) - strike out the word "wherein"
2. under section 2, p~agraph (4) - provide thru SP~ ~d ~B ~so have the fight to
~t w~vers for section 4.6.16 of the LDRs in accord~ce ~th ordi~ce no. 83-95
passed by the City Comssion on 1-9-96
Please call if you have any questions.
cc: Lula Butler, Director of Community Improvemem
Nancy Davila, Horticulturist
Pr/nted on Recycled Paper