Loading...
10-93 FAILED ON FIRST READING (5-0 VOTE) - 1/26/93 ORDINANCE NO. 10-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.16(B), "APPLICABILITY", TO REQUIRE THAT LANDSCAPING OF EXISTING SINGLE FAMILY DETACHED UNITS BE UPGRADED TO COMPLY WITH MINIMUM LANDSCAPE STANDARDS, TO THE EXTENT PHYSICALLY POSSIBLE, WITHIN TWO (2) YEARS; BY AMENDING SUBSECTION 4.6.16(F), "IRRIGATION REQUIREMENTS", TO PROVIDE FOR THE USE OF A MANUALLY OPERATED IRRIGATION SYSTEM FOR EXISTING SINGLE FAMILY DETACHED UNITS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of beautifying neighborhoods through improved and upgraded landscaping; and, WHEREAS, the City Commission of the City of Delray Beach wishes to require existing single family homes to comply with the same minimum standards as new homes, excluding the requirement to provide an automatic sprinkler system; and, WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of Delray Beach's residential neighborhoods will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(B), "APplicability", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by the addition of a new Subparagraph (5) to read as follows: (5) To existing single family detached dwellings on a single lot, which heretofore had not been required to comply with the City's landscape requirements. Such properties shall comply with the minimum standards set forth within Subsection (H)~ to the extent physically possible~ prior to October 1, 1995. Property owners are encouraged to submit plans for upgrading prior to the date of compliance. Section 2. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(F), "Irrigation Requirements", Subparagraph (1), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: FAILED ON FIRST BEADING (5-0 VOTe) - 1/26/93 FAILED ON FIRST READING (5-0 VOTE) - 1/26/93 (F) Irrigation Requirements: Ail landscaped areas shall be provided with a sprinkler system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. Systems shall be designed to permit all zones to be completed between the hours of 5:00 p.m. and 9:00 a.m. to avoid daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to the requirement to provide irrigation are noted b~ in Subparagraph (1) which follows. (1~) Irrigation of Existing Plant Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form. (lb) Existing Single Family Homes: Manually operated irrigation systems shall be allowed for single family detached units which existed prior to October 1, 1990. Section 3. 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 part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 10-93 FAILED ON FIRST READING (5-0 VOTE) - 1/26/93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/H SUBJECT: AGENDA ITEM #;~' - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 10-93 DATE: JANUARY 22, 1993 This is first reading of an ordinance which amends the Land Development Regulations to require all single family residential properties to comply with minimum landscape requirements by a specified date, and allow existing single family properties to have a manual irrigation system. The proposed changes were initially generated by the Neighborhood Task Team as a means of beautifying neighborhoods through improved and upgraded landscaping. The Planning and Zoning Board formally reviewed this item on January 11, 1993, and forwarded a recommendation of approval (5-0 vote; Currie and Felner absent), with a recommended compliance date of October 1, 1997, if individual notification is required. If individual notice is not necessary, a compliance date of October 1, 1995, is recommended. Please refer to the accompanying staff report for more detail. Recommend approval of Ordinance No. 10-93 on first reading. ORDINANCE NO. 10-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.16(B), "APPLICABILITY", TO REQUIRE THAT LANDSCAPING OF EXISTING SINGLE FAMILY DETACHED UNITS BE UPGRADED TO COMPLY WITH MINIMUM LANDSCAPE STANDARDS, TO THE EXTENT PHYSICALLY POSSIBLE, WITHIN TWO (2) YEARS; BY AMENDING SUBSECTION 4.6.16(F), "IRRIGATION REQUIREMENTS", TO PROVIDE FOR THE USE OF A MANUALLY OPERATED IRRIGATION SYSTEM FOR EXISTING SINGLE FAMILY DETACHED UNITS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of beautifying neighborhoods through improved and upgraded landscaping; and, WHEREAS, the City Commission of the City of Delray Beach wishes to require existing single family homes to comply with the same minimum standards as new homes, excluding the requirement to provide an automatic sprinkler system; and, WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of Delray Beach's residential neighborhoods will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(B), "Applicability", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by the addition of a new Subparagraph (5) to read as follows: (5) To existing single family detached dwellings on a single lot, which heretofore had not been required to compl~ with the City's landscape requirements. Such properties shall comply with the minimum standards set forth within Subsection (H)~ to the extent physically possible, prior to October 1, 1995. Property owners are encouraged to submit plans for up~radin~ prior to the date of compliance. Section 2. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(F), "Irrigation Requirements", Subparagraph (1), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Irrigation Requirements: Ail landscaped areas shall be provided with a sprinkler system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. Systems shall be designed to permit all zones to be completed between the hours of 5:00 p.m. and 9:00 a.m. to avoid daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to the requirement ~o provide irrigation are noted ~ in Subparagraph (1) which follows. (1~) Irrigation of Existing Plant Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form. (lb) Existing Single Family Homes: Manually operated i~ation systems shall be allowed for single family detached units which existed prior to October 1, 1990. Section 3. 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 part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 10-93 CITY COMMISSION DOCUMENTATION TO: /~DAVID T. HARDEN, CITY MANAGER THRU: DA-~ID J. KOVACS, DIRECTOR ~PARTMENT O~LANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993~'' FIRST READING~ ORDINANCE AMENDING LDRs SECTION 4.6.16(B)~ TO REQUIRE ALL SINGLE FAMILY RESIDENTIAL PROPERTIES TO COMPLY WITH MINIMUM LANDSCAPE REQUIREMENTS BY A SPECIFIED DATEr AND 4.6.16(F)~ ALLOWING EXISTING SINGLE FAMILY PROPERTIES TO HAVE A MANUAL IRRIGATION SYSTEM ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDDroval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Sections are: * 4.6.16 (B): Landscape Regulations--Applicability * 4.6.16 (F)(1): Irrigation Requirements BACKGROUND: These requested changes were proposed by the Neighborhood Task Team. The reasoning behind the regulations is that of beautifying neighborhoods through improved and upgraded landscaping. While newly constructed single family homes must comply with minimum landscape regulations, including irrigation, existing single family homes are currently exempted from those requirements. The proposed amendments would require existing single family homes to comply with the same minimum standards as new homes, excluding the requirement to provide an automatic sprinkler system. The Task Team recommended a compliance date of October 1, 1995. Please refer to the Planning and Zoning Board Staff Reports for more detail. City Commission Documentation First Reading, Ordinance Amending LDRs 4.6.16(B) & (F) Minimum Landscaping--Existing Single Family Homes Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. David Henninger of the Neighborhood Task Team addressed the item and supported the text. There was discussion among the Board members and staff as to the feasibility of ensuring compliance by the recommended date. If it is necessary to provide specific notifications to individual homeowners, additional time will be required. If, however, homeowners can receive general notification of the ordinance through an existing mechanism such as water bills, the 1995 date is reasonable. This question has been referred to the City Attorney for an opinion. The Board then forwarded the items with a recommendation of approval on a 5-0 vote (Currie and Felner absent), with a recommended compliance date of October 1, 1997 if individual notification is required. If individual notice is not necessary, a compliance date of October 1, 1995 is recommended. RECOMMENDED ACTION: By motion, approve the following text amendments on first reading: The addition of the following text to Section 4.6.16(B), Landscape Regulations, Appllcabilit¥~ (5) To existinq single family detached dwellinqs on a single lot, which heretofore had not been required to comply with the City's landscape requirements. Such properties shall comply with the minimum standards set forth within Subsection (H), to the extent Dhysically possible, prior to October 1, 199-. The Chief Building Official, or his designee, shall inspect .properties for compliance with the minimum standards and shall issue a citation in cases where the standards have not been met. Property owners are encouraged to submit plans for upgrading prior to the date of compliance. The addition of the following text to Section 4.6.16(F)(1), Landscape Regulations, Irrigation Requirements: (lb) Existinq Single Family Homes: Manually operated irriqation systems shall be allowed for sinqle family detached units which existed prior to October 1, 1990. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD/T:CCMINLS.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE UPGRADING OF SINGLE FAMILY RESIDENTIAL PROPERTY TO MINIMUM LANDSCAPE REQUIREMENTS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance include: * Requiring all single family detached residences to comply with minimum landscape requirements by October, 1995. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team (NTT). These changes were discussed in work session among members of the Board and the NTT on June 18, 1992. Changes to the proposed ordinance have been made in order to reflect discussion and direction at that work session. ANALYSIS:- The initial proposal setforth by the NTT called for: * Requiring all single family detached residential development to comply with minimum landscape standards within two (2) years. The revised ordinance provides for the following: 1. Instead of modifying Sub-sectipn 4 (all properties except single family detached ~wellings on a single lot), a new Sub-section 5 is created. This allows for the separate implementation of these up-grade provisions. We note that the process for implementing the existing Sub-section 4 is currently underway. 2. Specific reference is made to Section 4.6.16(H)(1); thus, identifying the standards which are to be met. 3. While there was discussion regarding the possible need for a "relief" board or body, no such provision is made at this time. As noted above, the implementation of Sub-section 4 has begun. Experience with that project may give further guidance as to how to administratively handle the up-grading program. P&Z S'~aff Report LDR Text Amendment Re Upgrading of Single Family Residential Property to Minimum Landscape Requirements Page 2 RECOMMENDED ACTION: Take testimony and. proceed accordingly. Attachments: * Draft of proposed Ordinance Report prepared by: ~t_~~ T: PZMINSF PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE ALLOWING EXISTING SINGLE FAMILY RESIDENTIAL PROPERTY TO HAVE A MANUAL IRRIGATION SYSTEM ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance include: * Allowing single family detached residences which existed prior to October, 1990, to have manual irrigation systems. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task T~am (NTT). These changes were discussed in work session among members of the Board and the NTT on June 18, 1992. Changes to the proposed ordinance have been made in order to reflect discussion and direction at that work session. ANALYSIS: The initial proposal setforth by the NTT called for: * Allowing existing single family detached residential development to have manual instead of automated irrigation systems. The revised ordinance provides for the above by: 1. Instead of modifying Sub-section (F), Sub-section (F)(1) is modified in order to accommodate the desired exemption. RECOMMENDED ACTION: Take testimony and proceed accordingly. Attachments: * Draft of proposed Ordinance Report prepared by: "~'~~ T: PZ IRRSF O~I~Cll HO. · ~ ~ ORDINANCE OF THE CITY COHMISSION OF THE '.' CHAPTER 4, 'ZONING REGULATIONS", . , .' . ~%F~L2::-~::T'~' -IST~,i~---~--- .,, '= =~- - -- ' . ~]] SUESECTION 4.6.16, "L~DSCAPE REGU~TIONS ", · ' OF THE L~D DEVELOPMENT REGULATIONS OF THE ~CES OF THE CITY OF DEL~Y ~,' - - ' :' - 'I ~~ EFFECTIVE DATE. .. f'~,..~ . .~ '" -" "'"~ WHEREAS, ' NOW, THEREFORE, Bg IT ORDAINED BY THE CITY COIlSSlO~ O[ T~ ' ': ~ ' CITY OF DEL~Y BEACH, FLORIDA, AS FOLLOWS: ~ . "~ Regulations", S~sec~to~ a.e~u~,j"Appltc~l~ty', of the Land ' Development Regulations o~ Code of~rdinances o~ the Cl:y o~ Delray ' ' '~:'~1 Beach, Florida, be, and the s~e is hereby amended to be read as ,-'"~ follows: ~ 15~ To exlsgtn~ stnule family detached dwelltnas on a .~L. stnale lot. which heretofore ha~ no~ been reuuired to comolv with the City's landscape reauirements. Such properties shall ]: {HI. the ~K~n~ ohwlcallv oossibl~. ~rtor to October I. 1995. ~ Chief guildin= Official. ~r hia d~Icn:~. :hall ~, ~vL ...... =- ':' Li.a ....... = ..... ~ ~ Property owners are encouraaed go submit plans ~.. "'q":' "' "1 for UD~radtBq prior to the date of compliance. ;" · '-': ' ...., Section 2. That should any sect/on or provision of this "'"~':"" ordinance or any porgton thereof, a,y paragraph, ,,ntenc,, or word be : .. j declared by a =ourg of compegeng jurIsdicglon to be invalid, such ~ec~slon shall nog affecg ghe validigy of the remainder hereof as a " .. / '"'f=' ' ".:~ whole or part ghereo[ other ~han the part declare~ to be invalid. .'~"::'~'"".~'"'' Section 3. Thag all ordinances or parts of ordinances which ,.. '-. · lq.': [: %ik', ,": ~ 'J section {. That this ordinance shall become effective ten '-'' '=.' - days after its passage on second and final reading <:,.' ..:%xi -. :.k~..;. ~..'. i~,.:--~' ? ." '- '~ f.t.~f.[.,'" ..?- ', :') ; .: ;,.:2/:: ',.. . · :,~' . · "~..'; ' .. ~',.. · :.::./..: : ,:'.:.':'.: {.~.: .:.:.'. ':" :'k;L~' ""..: -: ::-.' .::< :~' -:., .~.;. .~:~ PASSED FJ~D ADOPTED in reqular session on second and final reading on this the ~ day of , 1993. ..:",:'. · o · .r.-:, ~.-'..... · ~.,.. HAI'OR ATTE ST: ;'-. '.~ '.,.;:.! '~ "'-", "i Second readtnq ~...~ --; · i' ;*,. , ..... · ". ." r . ..~ : '. °.~ ' . "~, , " .... i ". -'; ' I a , .' .' T:SEC46161i ! - ~. ?:... ,. . ,..'~ : : .',, ~ . ... .-' ,/'.'..:.~'-'.~ '.:, .;,:..-~..: · · :. Or:l. 1~Io. ORDINANCE NO. ..:'. :.:. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF . DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING = ~-~' :' ~" "3 ~, SUBS ECTION 4.6.16, "LANDSCAPE REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF · :, .. ...... ' THE CODE OF ORDINANCES OF THE CITY OF DELKAY BEACH, "IRRIGATION REQUIREMENTS", PROVIDING FOR THE USE OF A DETACNEO PROVIDING A SAvi.a CLAUSE; ~/~ A REPEALER CLAUSE~.~Jt~ AN -:" ..' ' NOW, ~EREFORE, BE IT ORDAINED ~Y THE CITY COMMISSION OF THE ':~-'."' . ' CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ....... ~ Sectio . That Chapter 4, "Zoning Regulations", Article 4.6, · i.' -'. :'". ..':: "Supplemental District Regulations" , Section 4.6.16 "Landscape · '~ '~:'- ' ~ Regulations", Subsection 4.6.16 (F), Irrigation Requirements, of the Land Development Regulations of the Code of Ordinances of the City of ''" '"': Delray Beach, Florida, be, and the same is hereby amended to be read as :. i.:!.'.I (F) IrriGation Reauirements: All landscaped areas shall :-- - ..~. be provided with a sprinkler system, automatically operated, to '·.-.'-'ii-~-.,'.~ provide complete coverage of all plant materials and grass to · be maintained. Systems shall be designed to permit all zones · to be completed between the hours of 5:00 P.M. and 9:00 A.M. to · ~,.: .~ avoid daylight watering as established in the South Florida · · ... Water Management District Guidelines. Exceptions to the · .:'. :.~ requirement to provide irrigation are noted I~6~ J~__J21b~T~C~JLJ~ .~. (la) Irriuation of Existin~ Plant Communities: · -' '~ Existing plant communities and ecosystems, maintained in a .... ..j natural state, do not require and shall not have any . ... . .~! additional irrigation water added in any form. -' ..... [':~ (lb) Existina Single Family Homes: Manually operated .: , ~ .. ~ :'i trrl~ation systems shall be ,llowed for single family ~l~;~ched units which existed prior to October 1. 1990. ~. ,/.... . ordinance or any portion thereof, any paragraph, sentence, or word be decision shall not affect the validity of the remainder hereof as whole or part thereof other than the part declared to be invalid. .?..........,... ..~ Section ~. That all ordinances or parts of ordinances which !:.~..}.....,..; .. .: . ..':: are in conflict herewith are hereby repealed. days after it~ pad,age on second and final reading. PASSED AND ADOPTED In regular session on second and final reading on this the __ day of , 1993· : ~ MAYOR ': : ] ATTEST: · ~ . · . ' .h' + City Clerk ~-~:.- .~ Second reading '>'[ " .i-. ' .! :- = ~o:-.. · -= ~,' · 'i .., : T: SEC&6X6F =:' ' .-"- 2 Ord. No.