82-91 ORDINANCE NO. 82-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6,
"INFRASTRUCTURE AND PUBLIC PROPERTY", ARTICLE 6.1,
"DESIGN STANDARDS AND REQUIREMENTS", SECTION
6.1.10, "WATER SYSTEM", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
6..1.10(B) (5), "PROHIBITION ON USE OF CITY WATER
FOR IRRIGATION", TO PROVIDE FOR A LINE OF
DEMARCATION, WEST OF WHICH THE USE OF MUNICIPAL
WATER IS NOT ~LLOWED FOR IRRIGATION PURPOSES;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 6, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirements",
Section 6.1.10, "Water System", Subsection 6.1.10(B), "Design
Standards", Sub-subsection 6.1.10(B) (5), "Prohibition on Use of
City Water for Irrigation", 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: ~
(5) Prohibition on Use of City Water for Irrigation:
The use of City water for irrigation purposes shall not
be allowed except as provided for herein.
(a) Exception - East of ~/~//A~ 1-95:
Separate vegetation water meters for the purpose of
watering or irrigating of vegetation or other plant
life shall be permitted ~/~f/N~E~/~/Ag~/~/~
~l~ll~ll~ll~~ll~ll~ll~~ll~f
~I~ in an area east of a line which apDroximates
1-95 from the north city limits to S.W. 10th Street,
then east to S.W. 4th Avenue~ then south along S.W. 4th
Avenue (and extensions thereof) to the south city
limits; or a line in proximity thereto as established
by the City Engineer.
(b) Exception - Chloride Content: A separate
vegetation water meter shall be permitted west of N~Z~
~½/Ag~/~//~~/~/~Z~//~ the line
described in Section 6.1.10(B) (5) (a) above where the
Director of Utilities determines that the chloride
content of the on-premises or available groundwater is
such as to be deleterious to vegetation or to other
plant life.
(c) Exception - Single Family Homes: Use of City
water for irrigation purposes may be allowed for a
single family home located on an individual lot or in a
subdivision where a restriction of such use has not
been imposed during development approval.
(d) Exception - Special Circumstance: The use of
City water for irrigation purposes may also be allowed
on a case by case basis (anywhere in the City) where
and when appropriate for ~ood and sufficient purposes,
and when there will be no adverse effects upon the
municipal water system. Such approval may be ~ranted
only by the City Engineer with the concurrence of the
Chief Building Official and the Director of Planning
and Zoning. Good and sufficient purposes may include,
but are not limited to: situations where the area to
be irrigated is small in size~ the siting of a well is
not appropriate, or the demand on the water system is
minimal.
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 19th day of Nove~er, 1991.
ATTEST:
- ~ City- C~r~
First Reading October 29, 1991
Second Reading November 19, 1991
- 2 - ORD. NO. 82-91
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BEACH, FLORIDA ~ENDING
Dalrn,y Beaah, Palrn Be~.r:h ([rHIrlLV FI;Ir'ida CHAPTER 2, 'ADMINISTRATIVE
PROVISIONS, ARTICLE 2.~
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~tON 2.4.6, 'PR~E~RES FOR O~
~A~ O~ ta~a*a~FTn~t~A. ALS', OF THE ~ND DEYELO~
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~OU~ O~ ~M ~O~ OF DELRAY BEACH, FLORla, BY
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PROVIDING A GENERAL REPEAL-
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Florida; th a,l, L[ie a.l,l,ar:lled cr)py r)f a.*] yeti,Arm- A, ORDINANCE OF THE CITY C~
' · ~tSSION OF THE CiTY OF DELRAY
THE CITY OF DELRAY BEACH,
~he issues or: LAND LYING AND BEING IN SEC-
TION U, TOWNSHIP , SOUTH,
RANGE ~ EAST, PA~ BEACH
COUNTY, FLORIDA, WHICH ~ND
IS ~ATED AT THE ~UTNWEST
Co,NEe o~ THE ~NTERSECT~O~
OF LINTON BOULEVARD AND GER-
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GAllONS OF SAID ~ND; PROVI~
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TO CF (CO~UNI~ FACILITIES)
DISTRICT, IN PART, AND k
(AGRICULTURAL) DtST~ICT, IN
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MISSION OF THE CITY OD OELRAY
B~ACH, FLORIDA, PROVIDI~ F~
CHARTER REVISIONS FO THE CITY
CHARTER OF THE CITY OF DEL-
~AY BEACH, FLORID~ BY
~ENDING SECTION S.~ ~YPES
.~~ O~ ELECTIONS', ASD SECTIO~
'ELECTIONS GENERALLY, TO
PROVI~ FOR THE ABOLISHMENT
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OF~) ELECTIONS EXCEPT IN THE
EVENT OF A TIE; PROVIDING FOR
A REFERENDU~ ELECTION TO BE
HELD ON ~RCH ~, 1~;
~WC)I'II l,r) a, rld Rll[)Rr~r'Jbrl(I l)rffr)r'n rtl;! l,tljrl lNG A REPEALER C~USE, PR~
ViOING A SAVING C~USE;
VIDING AN,EFPECTIVE DATE,
...... ~ ORDINATE OF THE CITY
BEACH, FLORIDA, PROVIOI~ FOR
CHARTER ~EVtSION~ TO THE CI~
CHARTER OF THE CITY O~ ~L-
RAY BEACH, FLORIDA, BY
I~ A NEW SUBSECTION
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HELD ON ~RCH 10, 1~; PROVI~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~)~,
SUBJECT: AGENDA ITEM ~/0 ~ - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 82-91
DATE: NOVEMBER 15, 1991
This is second reading of an ordinance amending the Land
Development Regulations to move the line of demarcation, west of
which the use of municipal water for irrigation purposes is
prohibited.
The area in which municipal water can be used now includes the
area east of 6th Avenue. The proposed line is along 1-95 from
the north city limits to S.W. 10th Street, then east to S.W. 4th
Avenue, then south along S.W. 4th Avenue (and extensions thereof)
to the south city limits, or a line in proximity thereto.
Additionally, this ordinance contains a provision for exceptions
due to special circumstances.
The Planning and Zoning Board at their October 21st meeting
recommended approval. However, they expressed some concern with
regard to an increase in the per capita demand prior to altering
our targets for per capita reductions (Comprehensive Plan
policy); and, the potential for increasing demand beyond our
supply and/or processing capabilities. A detailed staff report
is attached as backup material for this item.
Recommend approval of Ordinance No. 82-91 on second and final
reading.
CITY ~0~I SS ION DOCUMEN?A?ION
TO: /DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 29, 1991
L.D.R. TEXT AMENDMENTS (Landscaping & Water System)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval, on first reading, of two separate ordinances which
amend portions of the LDRs.
BACKGROUND:
One of the Ordinances amends that portion of the LDRs which
establishes Design Standards for Lawn Grass. This item has
applicability to single family homes. It is proposed in response
to actual application of new standards adopted with the LDRs.
The intent is to reduce direct dollar impact to the homeowner
(buyer) without significantly diminishing our water conservation
and xeriscape objectives.
The other Ordinance amends that portion of the LDRs which
establishes a line, west of which there is a prohibition on the
use of municipal water for irrigation purposes. Due to several
factors (salt water intrusion moving westerly & character of
development - relatively small lot - in the expansion area), it
is appropriate to move the line westerly. A related item is the
broadening of the exception provisions by accommodating an
exception by special circumstance. For good and sufficient cause
(some examples provided), the City Engineer, with concurrence of
the Chief Building Official and Director of Planning, may grant
exceptions to the prohibition requirement.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of October 21st. On both ordinance items, the Board
recommended unanimous approval (7-0); and found the proposals to
be consistent with the Comprehensive Plan. However, they did
raise the following.
City Commission Documentation
L.D.R. Text Amendments
(Landscaping & Water System)
Page 2
Re: Lawn Grass - the increase in sod area may increase the use of
water for irrigation purposes; but that the increase is not so
significant to be contrary to our water conservation and
xeriscape objectives.
Re: Water System - Concerns involve creating an increase in per
capita demand prior to altering our targets for per capita
reductions (Comprehensive Plan policy); and, potential for
increasing demand beyond our supply and/or processing
capabilities. With the former, it is anticipated that the
increase will not be significant given the character of the area
which will now be .exempted. With the latter, again, it is not
anticipated that relocation of the line and the special
circumstance waiver will result in a significant increase in
demand but that before any further similar actions are taken, a
(water) demand analysis will need to be provided.
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading and
establishing public hearing dates for November 12, 1991.
Attachment:
* Memo from the City Horticulturist re Lawn Grass Standards
* Ordinances (by others)
DJK/#87/CCTEXT.TXT
ORDINANCE NO. 82-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA-
STRUCTURE IN PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN
STANDARDS AND REQUIREMENTS", SECTION 6.1.10, "WATER
SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION 6.1.10(B)(5),
"PROHIBITION ON USE OF CITY WATER FOR IRRIGATION",
TO PROVIDE FOR A LINE OF DEMARCATION, WEST OF WHICH,
THE USE OF MUNICIPAL WATER' IS NOT ALLOWED FOR
IRRIGATION PURPOSES; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING 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 6, "Infrastructure in Public
Property", Article 6.1, "Design Standards and Requirements", Section
6.1.10, "Water System", Subsection 6.1.10(B), "Design Standards",
Subsubsection 6.1.10(B)(5), "Prohibition on Use of City Water for
Irrigation", 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:
(5) Prohibition on Use of City Water for Irrigation: The use
of City water for irrigation purposes shall not be allowed except
as provided for herein.
(a) Exception - East of 1-95:
Separate vegetation water meters for the purpose of
watering or irrigating of vegetation or other plant
life shall be permitted eas~-~-N~E~-6~he-Avenue-an~
~s-extens~on-outs~de-the-e~yT-or-a-~ne-~n-p~ox~-
m~y-~here~o-as-me~-be-es~eb~shed-b~-the-B~e~t~
o~-~t~t~es; in an area east of a line which
approximates 1-95 from the north city limits to S.W.
, 10th Street~ then east to S.W. 4th Avenue~ then
south along S.W. 4th Avenue (and extensions thereof)
to the south city limits~ or a line in proximity
thereto as established by the Cit~ Engineer.
(b) Exception - Chloride Content: A separate vegetation
water meter shall be permitted west of N;E~-6th
Avenue7 the line described in Section
6.1.10(B)(5)(a). above as-
fa), where the Director of Utilities determines
that the chloride content of the on-premises or
available groundwater is such as to be deleterious
to vegetation or to other plant life.
(c) Exception - Single Family Homes: Use of City water
for irrigation purposes may be allowed for a single
family home located on an individual lot or in a
subdivision where a restriction of such use has not
been imposed during development approval.
(d) Exception - Special Circumstance: The use of City
water for irrigations purposes may also be allowed
on a case by case basis (anywhere in the City) where
and when appropriate for good and sufficient
purposes~ and when there will be no adverse effects
upon the municipal water system. Such approval may
be granted only by the City Engineer with the
concurrence of the Chief Building Official and the
Director of Planning and Zoning. Good and suffi-
cient purposes may include~ but are not limited to:
situations where the area to be irrigated is small
in size~ the siding of a well is not appropriate, or
the demand on the water system is minimal.
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. 82-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ 12~' - MEETING OF OCTOBER 29, 1991
ORDINANCE NO. 82-91
DATE: October 25, 1991
This is a first reading of an ordinance amending the Land Development
Regulations to provide for a line of demarcation, west of which the
use of Municipal water for irrigation purposes is prohibited.
The line will be extended westward. The area in which Municipal
water can be used now includes the area east of 6th Avenue. The
proposed line is along 1-95 from the north city limits to S.W. 10th
Street, then east to S.W. 4th Avenue, then south along S.W. 4th
Avenue (and extensions thereof) to the south city limits; or a line
in proximity thereto.
Additionally, this ordinance contains a provision for exceptions due
to special circumstances.
The Planning and Zoning Board at their October 21st meeting
recommended approval. However, they expressed some concern with
regard to an increase in the per capita demand prior to altering our
targets for per capita reductions (Comprehensive Plan policy); and,
the potential for increasing demand beyond our supply and/or
processing capabilities. A detailed staff report is attached as
backup material for this item.
Recommend approval of Ordinance No. 82-91 on first reading.