81-91 ORDINANCE NO. 81-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULA-
TIONS'', SUBSECTION 4.6.16(E), "LANDSCAPE DESIGN
STANDARDS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
PARAGRAPH 4.6.16(E)(8)(c), "LAWN GRASS", TO PROVIDE
FOR NO MORE THAN EIGHTY PERCENT (80%) OF THE
REQUIRED OPEN SPACE BE PLANTED IN LAWN GRASS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, 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(E), "Landscape Design Standards",
Sub-Subsection 4.6.16(E)(8), "Lawn Grass", 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:
(E) Landscape Design Standards
(8) Lawn Grass: (Turf or Sod) A major portion of water
demand used for landscape purposes is required for the irrigation
of lawn areas. Portions of landscaped areas that have been
customarily designed as lawns shall be:
(a) Preserved as natural plant communities;
(b) Planted as redeveloped native areas; or
(c) Planted in traditional mixes of trees,shrubs, and
ground covers. Properly managed non-grass landscape
developments of site specific plantings will
typically be able to survive on reduced water
requirement and survive drought conditions better
than lawn areas. N~-m~e-than-~8%-~-the-~equ~re~
~pen-space-she~-be-p~ante~-~n-~awn-g~ass~
For commercial~ industrial and multi-family develop-
ments~ no more than 70% of the combination of the
required interior greenspace and the required
perimeter landscape buffers~ shall be planted in
lawn grass. The balance shall be planted in a mix
of shrubs and ground covers.
For the development of' single family and duplex
residences~ no more than 80% of the pervious lot
area shall be planted in law grass. A minimum of
20% of the pervious lot area shall be planted in
shrubs and ground covers.
When used, lawn grass shall be clean and reasonably
free of weeds and noxious pests or diseases. When
grass areas are to be seeded, sprigged or plugged,
specifications must be submitted to and approved by
the City Horticulturist. One hundred percent (100%)
coverage must be achieved within ninety (90) days.
Nurse grass must be sown for immediate effect and
protection against soil erosion until coverage is
otherwise achieved.
Solid sod must be used in swales, canal banks,
rights-of-way and other areas subject to erosion.
Section 2. 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 or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 3rd day of Dece~~~
ATTEST:
City cle~]~
First Readin~ November 19, 1991
Second Reading December 3, 1991
2 ORD. NO. 81-91
RAT¢)N'~D£LRA¥ ~BOYNTON I:IF,~LtI~ IiFI!~flEII~ B~ACH
BOCA
Monday through Sunday ~:~ ~.~, ~' ~ ~ ~ e
Boca Baton, Pahn Beach County, Florida ~. ~ r~,
Delray Beach, Palm Beach County, Florida ~ ",,.. ~
COUNTY OF PALM BEACH ~'"' ' ~ ~'~'~
Before the undersigned authority personally ~~ ~,
appeared Nancy Smith, Inside Sales Man- ~,~-~-~
ager of The News, daily newspapers pub- s~~
lished in Boca Baton in Palm Beach County, ~~' ~
Florida; that the attached copy of advertise- ~,c~ ~ ~o~,~
FI~ I~ ~ ~E 0F ~ ~lSS~O~ ~ THE CITY OF DELRAY
BEA~, F~ORI~ TO PROVIDE THE ZONING C~IFICATION FOR
~UE~T AN~ ~E~ ~E~VlC[$ P~T ~ ~ PAGE 2~ OF THE
ARE DI~TI~UEO BY THE CI~ PUBLIC RECORDS OF PALM
~UE~Y; ~IDI~ FOR A ~ i-l~ {SINGLE P~ILY RESIOEN-
_ ~ , , CRUD ~L~ ~T; TIAL) DISTRICT TO CF
C~; P~I~ A ~V~ TRiCT; ~ID ~ND IS L~ATED ON
C~; PR~I~ ~ ~C- THE EAST SIDE ~ ~.W. 2ND AVE-
TIVE~T~ NUE, APPROXI~TELY O FEET
;;~[:~ NORTH OF N.W. ~ND STREET,
:,~ ~ AND CORRECTI~ ~ONING MAP
OF DELRAY BEACH, FLORIDA,
I~; ~ROVIDING A GENERAL
~ ~AY ~ PEALER C~USE: PROVIDING A
BEACH, FL~ ~O ~Vl~ C~USE; PROVIDI~ AN
Affiant further says that The News is a c~.. & ~ REG~- EFFECTIVE DATE.
newspaper published in Boca Baton, in said ~UPPLEME"TAL~T~., S~D~SYR'~ "~GU-,~j$, ~P~ "~ ~'~,ifaa.y~S~
Palm
Beach
through Sunday, and has been entered as ~.. ~w~o~, .Gu~. ~, ~,. ~
TJ~S 0F T~ CI~ ~ ~L~Y ~ ~ ~ ~ ~ ~ ~
second class matter at the post office in .~c., ~,~ s, ~E..,~
Boca Baton, Palm Beach County, Florida, o.~. ,0 .~,.E ~ ~ ~. ,~,~ ~ ,~,~, ,~ .~
for a period of one year next preceding the ~.~'~.~-.~~ ~ ~_0. ~,. ~.
first publication of the attached copy of
advertisement; and affiant further says that o.0~,,,,.~c~~,,~o~
he has neither paid nor promised any
person, firm or corporation any discount, ,.o..,~.,.~c,~
rebate, commission or refund for the pur- .AC.; ~L0,,.~ ~,~,~ ,,.
~0~ Of ~ourin~ ~hi~ ~dv~r~i~m~ for pub- THEOF THEci~C~EOF ~DEL~Y~DINAKESB~H, ~
FLORIBi, BY ~NOIK
lication in said newspapers. ~ ~ ~,rr~ ,, ~,.G,
CENSlNG, RULES AND REGU~
TIONS REGA~DI~ W~TE TIRE
COLLECTORS; PR~IDI~ A
ERAL RE~ER C~USE; PR~
VIOING A ~VING C~USE; P~G [
~ - ~ VIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CI~ C~
THE ~ING C~IFI~TI~ FOR
day of N o : , A D., 19 COUNTY, P~0"I~ ~a
DISTRICT TO CF (C~UNI~ F~
CILITIES) DISTRICT; ~ID ~ND IS
L~TED ~ THE WEST SIDE ~
~ SOUTH SWlNT~ AVENUE,
/ TWEE~ S.W. ~H 5TM~ET AND ~W.
8TH STREET; ANO CORRECTING
~ 'ZONING ~p OF OELRAY BEACH,
FLORI~ ~; PROVIdiNG A
GENERAL REP~LER C~U~;
(Seal, Notary Public, Stat Florida at large) ~eov,o,~ ~ ~v,~
PROVIDING AN EFFECTIVE DATE.
M7 Commlssion ex ~¢'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~O,~ - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 81-91
DATE: NOVEMBER 26, 1991
This is second reading of an ordinance which amends the Land
Development Regulations by reducing the amount of ground cover
required for single family and duplex lots and by redefining the
basis for calculating ground cover requirements on commercial
properties. The intent is to be somewhat more sensitive to the
current economic status in the building industry without
significantly diminishing the city's water conservation and
xeriscape objectives.
For commercial, industrial and multi-family developments, the
ordinance proposes that no more than 70% of the combination of
the required interior greenspace and the required perimeter
landscape buffers shall be planted in lawn grass, with the
balance to be planted in a mix of shrubs and ground covers. For
the development of single family and duplex residences, no more
than 80% of the pervious lot area shall be planted in lawn grass,
with a minimum of 20% of the pervious lot area to be planted in
shrubs and ground covers.
The Planning and Zoning Board recommended approval of the
proposed ordinance at the October 21, 1991, meeting.
Recommend approval of Ordinance No. 81-91 on second and final
reading.
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: PROPOSED LANDSCAPE CODE TEXT AMENDMENT
DATE: NOVEMBER 13, 1991
ITEM BEFORE THE COMMISSION:
Request City Commission approval to amend the Landscape Ordinance~to reduce
the amount of ground cover required for single family and duplex lots and to
redefine the basis for calculating ground cover requirements on c~mmercial
properties.
BACKGROUND:
In October 1990, the landscape code was extensively changed, as well as
included in and adopted with the Land Development Regulations. One of the
more impacting changes was the adoption of Xeriscape principles as standards
for landscape design.
The most significant element of Xeriscaping is the reduction of turf or sod
areas and their replacement with shrubs and ground covers. The ordinance
that was adopted limited turf to 70% of the required open space.
Since the adoption of the ordinance, I have heard a lot of complaints
relative to the development of single family homes and duplex residences, as
this seems to have had quite an impact on their landscape budget.
I am proposing that the landscape ordinance be amended to be somewhat more
sensitive to the current economic status in the building industry. I would
like to suggest that the text be amended to state that new single family
homes and duplex residences be limited to sodding 80% of their pervious lot
area. The pervious lot area is the area not covered by buildings, driveways,
pools and walkways.
I am also proposing that commercial, industrial and multi-family residences
still be limited to 70% sod, but this figure would be based on required
interior greenspace and required perimeter landscape buffers. .The current
ordinance requires that the sod be limited to 70% of the required 'open
space'. In most zoning categories, there is a 25% open space requirement.
I feel that developments, which have considerable land area, not being used
for buildings and parking, but which is simply being utilized as open space,
should not be penalized for having additional open space.
.I have attached a copy of the proposed changes to the landscape ordinance.
RECOMMENDATION:
We recommend that the City Commission approve the proposed landscape
amendments to the Land Development Regulations as submitted.
ORDINANCE NO. 81-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULA-
TIONS'', SUBSECTION 4.6.16(E), "LANDSCAPE DESIGN
STANDARDS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
PARAGRAPH 4.6.16(E)(8)(c), "LAWN GRASS", TO PROVIDE
FOR NO MORE THAN EIGHTY PERCENT (80%) OF THE
REQUIRED OPEN SPACE BE PLANTED IN LAWN GRASS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, 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(E), "Landscape Design Standards",
Sub-Subsection 4.6.16(E)(8), "Lawn Grass", 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:
(E) Landscape Design Standards
(8) Lawn Grass: (Turf or Sod) A major portion of water
demand used for landscape purposes is required for the irrigation
of lawn areas. Portions of landscaped areas that have been
customarily designed as lawns shall be:
(a) Preserved as natural plant communities;
(b) Planted as redeveloped native areas; or
(c) Planted in traditional mixes of trees,shrubs, and
ground covers. Properly managed non-grass landscape
developments of site specific plantings will
typically be able to survive on reduced water
requirement and survive drought conditions better
than lawn areas. N~-m~e-than-~0%-~-the-~eg~ed
~pen-spa~e-sha~-be-p~an~ed-~n-~awn-g~ass~
For commercial, industrial and multi-family develop-
ments~ no more than 70% of the combination of the
required interior ~reenspace and the required
perimeter landscape buffers~ shall be planted in
lawn grass. The balance shall be planted in a mix
of shrubs and ground covers.
For the development of single family and duplex
residences~ no more than 80% of the pervious lot
area shall be planted in law grass. A minimum of
20% of the pervious lot area shall be planted in
shrubs and ground covers.
When used, lawn grass shall be clean and reasonably
free of weeds and noxious pests or diseases. When
grass areas are to be seeded, sprigged or plugged,
specifications must be submitted to and approved by
the City Horticulturist. One hundred percent (100%)
coverage must be achieved within ninety (90) days.
Nurse grass must be sown for immediate effect and
protection against soil erosion until coverage is
otherwise achieved.
Solid sod must be used in swales, canal banks,
rights-of-way and other areas subject to erosion.
Section 2. 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 or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading
2 ORD. NO. 81-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~,~.~'~
SUBJECT: AGENDA ITEM ~/~ - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 81-91
DATE: November 15, 1991
This is a first reading of an ordinance amending the Land Development
Regulations to provide that no more than 80~ of the required open
space be planted in lawn grass for single family and duplex
residences. The intent of this ordinance is to the reduce direct
dollar impact to the homeowner without significantly diminishing our
water conservation and xeriscape objectives.
The Planning and Zoning Board at their meeting of October 21st
recommended approval. The also commented that while the increase
in sod area may increase the use of water for irrigation purposes;
the increase was not so significant as to be contrary to our water
conservation and xeriscape objectives.
Recommend approval of Ordinance 81-91 on first reading.
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: PROPOSED LANDSCAPE CODE TEXT AMENDMENT
DATE: NOVEMBER 13, 1991
ITEM BEFORE THE COMMISSION:
Request City Commission approval to amend the Landscape Ordinance to reduce
the amount of ground cover required for single family and duplex lots and to
redefine the basis for calculating ground cover requirements on commercial
properties.
BACKGROUND:
In October 1990, the landscape code was extensively changed, as well as
included in and adopted with the Land Development Regulations. One of the
more impacting changes was the adoption of Xeriscape principles as standards
for landscape design.
The most significant element of Xeriscaping is the reduction of turf or sod
areas and their replacement with shrubs and ground covers. The ordinance
that was adopted limited turf to 70% of the required open space.
Since the adoption of the ordinance, I have heard a lot of complaints
relative to the development of single family homes and duplex residences, as
this seems to have had quite an impact on their landscape budget.
I am proposing that the landscape ordinance be amended to be somewhat more
sensitive to the current economic status in the building industry. I would
like to suggest that the text be amended to state that new single family
homes and duplex residences be limited to sodding 80% of their pervious lot
area. The pervious lot area is the area not covered by buildings, driveways,
pools and walkways.
I am also proposing that commercial, industrial and multi-family residences
still be limited to 70% sod, but this figure would be based on required
interior greenspace and required perimeter landscape buffers. The current
ordinance requires that the sod be limited to 70% of the required 'open
space' In most zoning categories, there is a 25% open space requirement.
I feel that developments, which have considerable land area, not being used
for buildings and parking, but which is simply being utilized as open space,
should not be penalized for having additional open space.
I have attached a copy of the proposed changes to the landscape ordinance.
RECOMMENDATION:
We recommend that the City Commission approve the proposed landscape
amendments to the Land Development Regulations as submitted.
Proposed Landscape Amendments
November 14, 1991
Page 2
LANDSCAPE REGULATIONS Section 4.6.16
(E) Landscape Design Standards
Lawn Grass: (Turf or Sod) A major portion of water demand used for
landscape purposes is required for the irrigation of lawn areas. Portions
of landscaped areas that have customarily been designed as lawns shall be:
(c) Planted in traditional mixes of trees, shrubs, and ground
covers. Properly managed non-grass landscape developments of
site specific plantings will typically be able to survive on
reduced water requirement and survive drought conditions
better than lawn areas.No me~e ~h~m ~0~ of ~Ne ~equ~e~ opem
For commercial, industrial and multi-family developments, no
more than 70% of the combination o_~f ~h~e required interior
greenspace and the required perimeter landscape buffers,
shall be planted i_~n lawn grass. The balance shall be planted
in a mix of shrubs and ground covers.
For the development of single famil7 and duplex residences,
n_~o more than 80%o o_~f th__~e pervious lot area shall b__~e planted in
lawn grass. A minimum of 20% of the pervious lot area shall
b_~e planted in shrubs and ground covers.
When used, lawn grass shall be clean and reasonably free of
weeds and noxious pests or diseases. When grass areas are to
be seeded, sprigged or plugged, specifications must be
submitted to and approved by the City Horticulturist. One
hundred percent (100%) coverage must be acheived within
ninety (90) days. Nurse grass must be sown for immediate
effect and protection against soil erosion until coverage is
otherwise achieved.
Solid sod must be used in swales, canal banks, rights-of-way
and other areas subject to erosion.
CITY ~qTTORNEY'$ OFFICE TEL No. 40? 2?$ 4?55
· ORDINANCE NO. 81-91 .
AN ORDINANCE OF THE CITY COMmISSiON OF THE CITY OF
DSLRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.~, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.~.16, "LANDSCAPE
REGULATIONS", SUBSECTION 4.6.16(E), "LANDSCAPE
DESIGN STANDARDS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING PARAGRAPH 4.6.16(E)(8)(C), "LAWN GRASS", TO
PROVIDE FOR NO MORE THAN EIGHTY PERCENT (80%) OF THE
REQUIRED OPEN SPACE BE pLANTED IN LAWN GRASS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; FROVIDING AN EFFECTIVE DATE.
NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, AS FOLLOWS:
~sctlon 1. That Chip=er 4, "zoning Regulations", Article 4.6,
"Supplemental Dls%rict Regulat£ons", Section 4.G.~6, "Landscape
Regulations", Subsection 4.6.16(E), "Landscape Design S~andards",
Sub-Subsection 4.6.1~(E)(8), "Lawn Grass", o~ t~e Land
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the sa~e is hereby amended ~o read as follows:
(E) Landscape Design 3~andards
/ .
(8) La~n Grass: (Turf or SOd) A m~o~ portion o£ water
demand use~-'{or landscape purposes is required~tor the irrigation
of lawn areas. Per:ions of landscaped areas that have been
cus=omarLl¥ designed as lawns shall
(a) Preserved es ns%ufa1 plant communities;
(b) Planted as redeveloped native areas; or
(c) Flan~ed in traditional mixes of ~rees,~hrubs, and
ground oovers. Properly managed non-grass landscape
typically be able to survive on reduced water
rs~u£remen~ and survive drought conditions better
then lawn areas. N~-me=e-~han-?e%-~f-~e-requ~red
epen-space-s~a~-bo-p~anted-~n-~awn-g~ass?
For commercial, ~ndus:rial and mul=l~Zamil¥ develo~-
men=s~ no more than ?0% ofJth~ COmbination qf the
/
For lots develop~with.s~nqle family and duplex
residenCes~....~.'~O' than ~9% Of =he per61ous lot
~!~ , ~/ area Shal~ be~lanted-~n lawn grass, ' ''
! : Or_ / ~x~ofS /4 · (1 , 9 square
, ~ ~ Wh~ch ar~ developed w~h s.~nq!e .fam'~1y ~n'd duDZex
~(~ \~ ~ res~deq~o8 P~A~I be permit,Sd ~9 us~ a' ba~e
· ~ ~oo~a~e. o~ l/g acre wheo. cal~ula~Anq"t~e total
~rv~:oui ~O~.e=ea 'fo~ the ~u~o.o o~
th~ Dercen~a,o o~ shrub~ ~nd q~ound cOvers required,
p~ovldinq t, ha~ the l~pmrv{,0u~ lot ~'rea "ao&s no~
/ xce,9~,.,}O~..O~ the actual lOt area;
~ / w~en use~, lawn grass shall be c2ean and reasonably
~ free of wee~e and noxious pests(or diseases. When
' grass areas are to be seeded, sprigged or plugged,
CITY FqTTORNEY'S OFFICE TEL No. 407 278 4Tqqw~ No,,' 15,91 ~, ~':47 :' ,-,z
specl£1catlonI muI: be Iubmitted to and approved
the City Horticulturist, One hundred percent (LOOt)
coverage must be achieved within ninety (90) days.
Hurse grass must be sown for immediate effect and
protection a~ainst soil erosion until coverage is
othe~wiee achieved.
Solid sod must be used in swales~ canal banks~
rlghts-o~oway and othe~ areas subject to
Section 2, ~hat should any section or provision o~ this
ordinance or' an¥~portion thereof, any parag~a~h~ sentence~ o~ word be
declared by a court og compeCenC Ju~lsdiction to be invalid, such
decision shall not affect the validAty o~ the ~emainder hereof as a
whole o~ pa~t thereof other than the part declared to be invalid,
~ec~lon 3. ~hat all o~dinances o~ parts of ordinances An
conflict herewith be and ~he same a~e hereby
Section 4. ~hat this ordinance shall become effective upon
passage on second and,~final reading.
PASS'ED AND ADOPTED In ~egular session on second and final
reading on this the , ~a¥ of , 1991.
MAYOR
ATTEST~ /
C£~ CX~rk
First Reading