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Ord 21-11ORDINANCF_, NO. 21-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", SUBSECTION (O), "IN-LIEU OF PARKING AND PUBLIC PARKING FEE REQUEST"; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS" AND SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "PARAGRAPH (3), "IN-LIEU FEE"; TO EXPAND THE APPLICABILITY OF THE PAYMENT-IN-LIEU PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and "Coning Board reviewed the proposed text amendment at a public hearing held on June 20, 2011 and voted 6 to 0 to recommend that the changes be approved; and WHERI?AS, pursuant to Florida Statute 163.3174(4)(c), the Planning and "Coning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHERI~.AS, the City Commission of the City of Delray Beach adopts the findings in the Planning and `Zoning Staff Report; and WHIJRI?AS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY "I'HE CITY COMMISSION OF THE CITY OF DELRAY BEr1CH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 "That Section 2.4.5, "Procedures for Obtaining Development Approvals", Subsection (O), "In-Lieu of Parking and Public Parking Fee Request", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (O) In-Lieu of Parking and Public Parking Fee Request (1) Rule: An in-lieu of parking or public parking fee request must be approved by City Commission with recommendations from the Parking Management Advisory Board and other Boards as deemed appropriate. (2) Required Information: The following information must be submitted for an In-Lieu of Parking or Public Parking Fec request: (a) Sketch Plan including current and proposed square footage. (b) Scope of work (i.e. expansion of use, change of use, new construction, etc.). (c) Application and appropriate fee. (d) Current parking required and provided. (e) Parking required and parking provided to facilitate proposal. (f) For public parking fee requests: Adjacent rights-of--way and proposed parking to be constructed. (3) Procedure: Subject to Staff review and the provision of any additional information that shall be required an in-lieu of parking or public parking fee request shall be processed in the following manner: (a) Receipt and certification is complete. (b) Request must comply with Sections 4.6.9(E) (3) x~l or 4.6.9(E)(4). (c) Consideration by Parking Management Advisory Board and other Boards as deemed appropriate. (d) Approval by City Commission. (4) Conditions: Conditions may be imposed pursuant to, but not limited to, Sections 4.G.9(F,) (3) and 4.6.9(E) (4). (5) Findings: The City Commission must 2 ORD. NO. 21-1 I find that the request is consistent with the Land Development Regulations City ('om~rehensive Plan and all currently adopted City policies and/or studies For In-lieu requests, an additional finding must be made that adequate public parkinf; o tions arc availzble For Public Parking Fee requests an additional finding must be made that ~dequlte public_parkin~will be available~ursuant to the requirements of Section 4.G.9(1?)(4). Section 3 That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.G, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD 'Lone District, the provisions of Section 4.G.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. Phis exemption may only occur once per property. (c) If ~ ~, the required parking is not or cannot be provided on-site or off-site, ,the in-lieu fee option provided in Section 4.G.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (G) spaces per 1,000 square feet of gross floor area. (e) T'he parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.F.. 2nd Street on the north, the Intracoastal Waterway on the cast and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted ORD. NO. 21-11 to ballrooms, meeting rooms, and shops and six (G) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling uiut 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the First 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - For units 51 and above 0.20 spaces/unit Within "Townhouse and 't'ownhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (~ The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the cast and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. Gth Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and 3. "The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the cast, S.l . 2nd Street on the north and S.E. 4th Street on the south. (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.G(B): 4 ORD. NO. 21-1 1 (a) Commercial structures are limited to a maxunum depth of 150 feet from the ultimate ~ right-of-way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E) (5). (b) 'T'here is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (G) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non-residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.G.9(C) (2). (d) 'T'he parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sy. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If ~ ~. ., the required parking is not or cannot be provided on site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (f) Parking areas and accesswa}'s to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (~ '1"he parking reyuircment for business and professional offices is established at one (1) space per 300 sy. ft. of net floor area. Section 4 That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), "Supplemental District Regulations," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, l~lorida, be amended to read as follows: (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.L. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.G of these Supplemental District ORD. NO. 21-11 Regulations [Subsection (G)], or provisions of the Banker's Row llevelopment Plan, whichever is more permissive. (2) 1'he perimeter landscaping requirements of Section 4.6.16(H) (3) (e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. (4) Parking Kequiremcnts: (a) All non-residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non-residential use in the same strUCtU1C. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use. (c) Residential-type inns shall provide one parking space per guest room/unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. (5) If ~ ~ . , the required parking is not or cannot be ~rovidcd on-site or off-site, or it is just inappropriate to provide it on site, 4~ the in-lieu fee option provided in Section 4.6.9(L)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. (6) When the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of 6 ORD. NO. 21-I I i only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. Section 5 That Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.G, the following shall apply: (1) When the parking requirements of Section 4.G.9(E)(4) arc applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space. exemption shall be allowed. 't'his reduction may only occur once per property. (2) If ~ ~. the required parking is not or cannot be provided on-site, or off-site ,the in-lieu fee option provided in Section 4.6.9(I~)(3) may be applied. (3) '1 he parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. Section G. "That Section 4.G.9, "Off-Street Parking Regulations", Subsection (E), "L.ocation of Parking Spaces", Paragraph (3), "In-lieu Fee", of the Land Development Regulations of the Codc of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (3) In-Lieu Fee: , •, • , ~(~All new development, use conversion to existing b~l;';~ building additions and/or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting Some of the~arking snace5 to be aBproved by the Cit~Commission throul;h the payment in-lieu of parking~rogram Required parking for exclusively residential development or residential components of mixed use developments are not eligible for this in-lieu option. A maximum limit of 3U% of eligible required parking can be provided under this option. Before ORD. NO. 21-1 I ,granting such approvals the City Commission must find thlt adequate~ublic parking options are available and that the request is consistent with the Land Development Regulations, City Comprehentiive Plan, and all currently adopted City policies and/or studies. Payment of a fee in-lieu of required parking shall be pursuant to the following provisions. (a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which arc not included within the Pineapple Grove Main Street area, West Atlantic Neighborhood or Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $15,600 per space. (3) Area 3: Parcels located within the OSSHAD zoning district, except for Block G9 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which arc zoned CBD or CBD-RC - $7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,000 per space. ORD. NO. 21-1 1 ORD. NO. 21-I I (c) All proceeds from such a fee shall be used for parking purposes (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. prior to or upon issuance of a building ep ~rmit• Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fec Agreement is entered into, installment payments shall be made over a three-year time period in three installments. "1'he first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25°/v of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorised by the City Commission. The applicant will be credited up to one- half of a parking space for each full parking space constructed within public right-of--way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the applicant must only pay the in-lieu fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right-of--way which are required to meet the performance standards for. new developments. (f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. Section 7. 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 10 ORD. NO. 21-1 I 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of o , 2011. A'1"PEST ~~ ~~ City Clerk First Readin 7 ~ ~ ~~ Second Readin ~ ~` I 1 ORD. NO. 21-1 I Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 26, 2011 SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF AUGUST 2, 2011 ORDINANCE NO. 21-11 Page 1 of 3 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to the Land Development Regulations (LDRs) that will provide additional opportunities for property owners to voluntarily participate in the payment in-lieu of parking program. BACKGROUND Payment of a fee in-lieu of providing required parking spaces is an option currently available to properties located within the CBD, CBD-RC, and OSSHAD zoning districts. Further, the parking space fee associated with this program is based upon the In-Lieu Fee District Area Number within which property is located. There are currently a number of qualifications that must be satisfied to be eligible for the City Commission to consider approving payment of a fee in-lieu of providing the required number of parking spaces. These qualifications are: . When additional parking is required that results from in-fill development that has been vacant for five (5) years or longer; . From a change of use; . Adding floor space to an existing building. In lieu options are specifically prohibited for the following: New development; For Changes of use, or increases in floor space, if either occurs within two (2) years of the granting of a Certificate of Occupancy for new development. The current LDRs mandate that the City Commission make a finding that it is impossible or http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4706&MeetingID=325 8/3/2011 Coversheet Page 2 of 3 inappropriate to provide the required number of on-site or off-street parking spaces, and that no parking spaces are to be eliminated in the case of building additions. The City of Delray Beach Parking Management Plan dated August 2010 recommends that the parking in-lieu program be expanded to provide property owners the option to voluntarily participate in the in- lieu program, whether or not a hardship exists. The Plan notes that doing so will enable developments to participate in the shared parking pool within downtown and further enable the City's vision of a park- once downtown. The Parking Management Plan also recommended that a maximum percentage of required parking be eligible for the in-lieu relief. This amendment would also encourage additional participation in the payment in-lieu of parking program. The following modifications have been made to this in-lieu parking ordinance after consideration by City Commission on first reading: Additional language has been added which clarifies that if parking "is not" as well as "cannot be provided", the in-lieu option is available (this would allow new development that could provide parking however chose not to, to utilize this option). Added language that does not allow the in-lieu option for residential developments or residential components of mixed-use development (both of these options were suggested by the Downtown Development Authority). Added language establishing a maximum utilization of 30% of required parking as in-lieu as suggested by the Parking Study adopted by City Commission. All of the above changes have not been reviewed by individual Boards and if the City Commission desires input with respect to these changes it is recommended that the ordinance be remanded back to them. This amendment also reduces the current qualifications that properties must meet to be eligible to participate in the in-lieu program. It further eliminates the requirement that the City Commission find that it is either inappropriate or impossible to provide the required parking and removes the prohibition for this option for building additions which result in the elimination of existing parking spaces (any spaces that are lost would be offset by a corresponding in-lieu payment). Additional language is added that the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and made a unanimous recommendation of approval. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and made a unanimous recommendation of approval. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made, subject to the following considerationis: That developments that are exclusively residential not be eligible; That it be found that sufficient public parking is available when considering commercial projects; That each component, such as the residential component, of a mixed-use project be addressed http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4706&MeetingID=325 8/3/2011 Coversheet Page 3 of 3 separately. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous recommendation of approval was made. RECOMMENDATION By motion, approve Ordinance No. 21-11 on second reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4706&MeetingID=325 8/3/2011 ORDINANCE N0.21-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", SUBSECTION (O), "IN-LIEU OF PARKING AND PUBLIC PARKING FEE REQUEST"; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS" AND SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "PARAGRAPH (3), "IN-LIEU FEE"; TO EXPAND THE APPLICABILITY OF THE PAYMENT-[N-LIEU PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 20, 2011 and voted 6 to 0 to reconmtiend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Plannitg Ageluy, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprel~nsive Plan; 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 Corriprehensive Plan NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMIvIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: tion 1. That the recitations set forth above are incorporated herein tion 2 That Section 2.4.5, "Procedures for Obtaining Development Approvals", Subsection (O), "In-Lieu of Parking and Public Parking Fee Request", of the Land Development Regulations of the Code of Ordinances of the City of Delrny Beach, Florida, be amended to read as follows: (O) In-Lieu of Parking and Public Parking Fee Request (1) Rule: An in-lieu of parking or public parking fee inquest must be approved by City Commission with recommendations from the Parking Managerrmeilt Advisory Board and other Boards as deemed appropriate. (2) Required Infommation The following information must be submitted for an In Lieu of Parking or Public Parking Fee request: (a) Sketch Plan including current and proposed square footage. (b) Scope of vwrk (i.e. expansion of use, change of use, ruewconstruction,, etc.). (c) Application and appropriate fee. (d) Current parking ~ and provided. (e) Parking required and parking provided to facilitate proposal. (f) For public parking fee requests: Adjacent rightsrof-way and proposed parking to be constnrted (3) Procedure: Subject to Staff review and the provision of any additional information that shall be required an in lieu of parking or public parking fee request shall be processed in the following manner. (a) Receipt and certification is complete. (b) Request must comply with Sections 4.6.9(E) (3) and or 4.6.9(E)(4). (c) Consideration by Parking Management Advisory Board and other Bows as deemed appropriate. (d) Approval by City Commission (4) Conditions: Conditions maybe imposed pursuant to, but not limited to, Sections 4.6.9(E ) (3) ands 4.6.9(E) (4). (5) Findings: The City Commission must ORD. NO. 21-I 1 Section 3 That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Orduiances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area suppkerrental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking regLrirements for all non residential uses, except restaurants, hotels and rroteks, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be elimuiated Within all other geographic areas of the Central Core and Beach Area within the CBD Zorue District, the provisions of Section 4.6.9(C) shall apply, as funkier modified within this Subsection (G)(1). (b) When the parking requirerrrents are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed This exemption may only occur once per property. (c) If ' tag required parking is not or cannot be ro~ on-site or off-site, .. ,the in-lieu fee option provided in Section 4.6.9(E)(3) maybe applied (d) The parking requrirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area (e) The parking requireiinent for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E .2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted ORD. NO. 21-1 l to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking regtuxen~ertts for residential units in multi-family structures and muxec)-1se buildings shall be as follows: • E fficiency dwelling twit 1.0 space/unit • One bedroom dwelling twit 1.25 spaces/unit • Two or more bedroom dwelling twit 1.75 spaces/trait • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/twit - for units 51 and above 0.20 spacE~s/twit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and maybe centralized or located near recreational features within a development project. (y~ The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd on the north; and The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): ORD. NO. 21-1 1 (a) Commercial structures are limited to a maxirrumi depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontal on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit maybe allowed as a conditional use, subject to the negirired fuuting~ of Section 2.4.5(E) (5). (b) There is no restriction on repair and/or reconstruction of non-confomuxtg single family residences located a minimi.ml of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non-residential uses, except hotels and rrotels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C) (2). (d) The parking regtrirermnt for hotels and rrotels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or rrotel. (e) If ' the required parking is not or cannot be rovided on site or off-site, the in lieu fee option provided in Section 4.6.9(E)(3) may be applied. (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area Section 4 That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), "Supplemental District Regulations," of the Land Development Regulations of the Code of Ordinaiues of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as rnoclified herein apply. (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District ORD. NO. 21-11 Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more penniss~ive. (2) The perimeter landscaping requirecrents of Section 4.6.16(H) (3) (e) shall not apply. (3) All parking, except for singke family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirerrent during the site plan review process, provided that it is determined that compliance is not feasible and that the charter of the area will be maintained If approved, such parking shall be substantially screertied from off-premises view by a hedge or decorative fencing. (4) Parking Regtmirements: (a) All non residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non-residential use. This req~rerrment maybe reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non-residential use in the same structure. (b) Resta>,>rarmts shall provide six spaces per one thot~sarmd square feet of total new or existing floor area being converted to restamuarmt use. (c) Residential-type inns shall provide one parking space per guest room/unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office m>se. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the scum structure. (5) If ' the regimired parking is not or cannot be ro~ vided on-site or off-site, or it is just inappropriate to provide it on site-pt~s~ee~e~ 4:H:9r~~ the in-lieu fee option provided in Section 4.6.9(E)(3) may be collected For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. (6) When the parking requirerrme<Zts of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the req~rirerrment of ORD. NO. 21-1 1 only one new parking space, a one space exemption shall be allowed This exemption may only occi.~ once per property. tion 5 That Section 4.4.28, "Central Business District-Railroad Corricbr (CBD-RC)", Subsection (G), "Supplemer-tal District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply. (1) When the parking regLrixerr>e11ts of Section 4.6.9(E)(4) are applied to either new development, expansion of an existing use or a change in rise, which results in the regLrirement of only one new parking space, a one space exemption shall be allowed This reduction may only occur once per property. (2) If ' the required parking is not or cannot be ro~ on-site, or off-sit .. ,the in-lieu fee option provided in Section 4.6.9(E)(3) maybe applied (3) The parking regLrirerr>e11t for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area Section 6. That Section 4.6.9, "Off-Street Parking Regulations', Subsection (E), "Location of Parking Spaces", Paragraph (3), "In lieu Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be arriended to read as follows: ORD. NO. 21-11 (3) In-Lieu Fee: , (a) The in lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangerr~lts for payment shall be approved by the City Commission at the time of the approval of the in lieu fee. The fee amount shall be based upon the location of the property for which in lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not inchtided within the Pineapple Grove Main Street area, West Atlantic Neighborhood or Block 691ocated in the Old School Square Historic Arts District (OSSHAD) - $15,600 per space. (3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - $7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD -$4,000 per space. Payment of a fee in lieu of regtrired parking shall be pursuant to the following provisions. ~~ ~.; f \ ~Ix ~~ ` ~ %~~ 1,., - - ~ ,, T~ ~r-.r ~ 1 n ~~ ~ - ~.1 ~_ - _ _._ _ _ .. _.. - , ~ ~ a ,~ i~ O I ORD. NO. 21-i l (c) All proceeds from such a fee shall be used for parking purposes (d) For properly owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in lieu fee maybe paid in full upon issuance of a building permit or in installments. Applicants for an in lieu fee which is not paid in full at time of perrrrit, must enter into an In Lieu of Parking Fee Agneerrent with the City prior to or upon issuance of a building pemut• Such agreement shall be recorded with the Public_Records Office of Palm Beach County, Florida The obligations imposed by such an In-Lieu of Parking Fee Agreerr~ent constitute a restrictive covenant upon a properly, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreerrent. There shall be no interest due under this payment schedule. (e) In addition to in lieu fees due, wltieve adequate right-of-way e~dsts adjacent to a proposed project for which an in lieu parking fee has been approved, the applicant must constrict additional on street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission The applicant will be credited up to one- half of a parking space for each full parking space constructed within public right-of-way. (For example, the applicant requests to pay the in lieu fee on 4 spaces; the applicant constn.rts 4 spaces in the right-of-way, the applicant must only pay the in-lieu fee for 2 spaces). Crediting of spaces constnacted in the right-of-way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constnrted in the public right-of-way which are required to meet the perforn~ance standards for. new developments. (f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan rrodification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces regLrired to accomrr~oclate the associated site plan or site plan rrodification. 'on 7. 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 10 ORD. NO. 21-11 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 8. That all ordinaries or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYO R City Clerk First Reading Second Reading _ I 1 ORD. NO. 21-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 3 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: June 29, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JULY 5, 2011 ORDINANCE NO.21-11 ITEM BEFORE COMMISSION Approval of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide additional opportunities for property owners to voluntarily participate in the payment in-lieu of parking program. BACKGROUND Payment of a fee in-lieu of providing required parking spaces is an option currently available to properties located within the CBD, CBD-RC, and OSSHAD zoning districts. Further, the parking space fee associated with this program is based upon the In-Lieu Fee District Area Number within which property is located. There are currently a number of qualifications that must be satisfied to be eligible for the City Commission to consider approval of a payment of a fee in-lieu of providing the required number of parking spaces. These qualifications are: • When additional parking is required that results from in-fill development that has been vacant for five (5) years or longer; • From a change of use; • Adding floor space to an existing building. In lieu options are specifically prohibited for the following: • New development; http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4625&MeetingID=322 7/7/2011 Coversheet Page 2 of 3 • For Changes of use, or increases in floor space, if either occurs within two (2) years of the granting of a Certificate of Occupancy for new development. The current LDRs mandate that the City Commission make a finding that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and that no parking spaces are to be eliminated in the case of building additions. The City of Delray Beach Parking Management Plan dated August 2010 recommends that the parking in-lieu program be expanded to provide property owners the option to voluntarily participate in the in- lieu program, whether or not a hardship exists. The Plan notes that doing so will enable developments to participate in the shared parking pool within downtown and further enable the City's vision of a park- once downtown. This amendment would also encourage additional participation in the payment in-lieu of parking program. This amendment eliminates the current qualifications that properties must meet to be eligible to participate in the in-lieu program. It further eliminates the requirement that the City Commission find that it is either inappropriate or impossible to provide the required parking and removes the prohibition for this option for building additions which result in the elimination of existing parking spaces (any spaces that are lost would be offset by a corresponding in-lieu payment). All new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, will now have the option of requesting some or all of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program. Additional language is added that the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and made a unanimous recommendation of approval. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and made a unanimous recommendation of approval. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made, but that consideration of the following is made: - That developments that are exclusively residential not be eligible; - That it be found that sufficient public parking is available when considering commercial projects; - That adequate components, such as the residential component, of a mixed-use project be addressed separately. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4625&MeetingID=322 7/7/201 I Coversheet recommendation of approval was made. Page 3 of 3 RECOMMENDATION By motion, approve Ordinance No. 21-11 on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4625&MeetingID=322 7/7/2011 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2011 SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF JULY 19, 2011 ORDINANCE NO. 21-11 Page 1 of 1 ITEM BEFORE COMMISSION This ordinance is before Commmission for second reading to consider acity-initiated amendment to the Land Development Regulations (LDR) to expand the applicability of the payment of in-lieu of parking program. BACKGROUND At the first reading on July 5, 2011, the City Commission passed Ordinance No. 21-11. At that time I expressed some concern that perhaps we were making in lieu parking too easily available. After reviewing the ordinance more carefully, my concern is that in Section 6 of the ordinance, paragraph (3) allows in lieu spaces to be used for new development. I find that provision confusing because in the CBD-RC, West Atlantic and Central Core areas it says in lieu spaces can only be used where on site or off site parking "cannot be provided". How could there ever be a situation where parking "cannot be provided" for a new development built from the ground up? Only in OSSHAD does it add "or is inappropriate" and inappropriateness is limited to preserving the historic character of the district. I think that the language in paragraph (3) will mislead some developers into thinking that in lieu spaces can be used for any new development in any of the four areas where it is allowed. RECOMMENDATION Recommend consideration of Ordinance No. 21-11 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4642&MeetingID=323 7/20/2011 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2011 SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF JULY 19, 2011 ORDINANCE N0.21-]l Page 1 of 1 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to the Land Development Regulations (LDR) to expand the applicability of the payment of in-lieu of parking program. BACKGROUND At the first reading on July 5, 2011, the City Commission passed Ordinance No. 21-11. At that time I expressed some concern that perhaps we were making in lieu parking too easily available. After reviewing the ordinance more carefully, my concern is that in Section 6 of the ordinance, paragraph (3) allows in lieu spaces to be used for new development. I find that provision confusing because in the CBD-RC, West Atlantic and Central Core areas it says in lieu spaces can only be used where on site or off site parking "cannot be provided". How could there ever be a situation where parking "cannot be provided" for a new development built from the ground up? Only in OSSHAD does it add "or is inappropriate" and inappropriateness is limited to preserving the historic character of the district. I think that the language in paragraph (3) will mislead some developers into thinking that in lieu spaces can be used for any new development in any of the four areas where it is allowed. RECOMMENDATION Recommend consideration of Ordinance No. 21-1 I on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4642&MeetingID=323 7/20/2011 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2011 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JULY 19, 2011 ORDINANCE NO. 21-11 Page 1 of 1 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to the Land Development Regulations (LDR) to expand the applicability of the payment of in-lieu of parking program. BACKGROUND At the first reading on July 5, 2011, the City Conunission passed Ordinance No. 21-11. At that time I expressed some concern that perhaps we were making in lieu parking too easily available. After reviewing the ordinance more carefully, my concern is that in Section 6 of the ordinance, paragraph (3) allows in lieu spaces to be used for new development. I find that provision confusing because in the CBD-RC, West Atlantic and Central Core areas it says in lieu spaces can only be used where on site or off site parking "cannot be provided". How could there ever be a situation where parking "cannot be provided" for a new development built from the ground up? Only in OSSHAD does it add "or is inappropriate" and inappropriateness is limited to preserving the historic character of the district. I think that the language in paragraph (3) will mislead some developers into thinking that in lieu spaces can be used for any new development in any of the four areas where it is allowed. RECOMMENDATION Recommend consideration of Ordinance No. 21-11 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4642&MeetingID=323 7/20/2011 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 20, 2011 AGENDA NO: IV. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.5 (O), "IN-LIEU OF PARKING AND PUBLIC PARKING REQUEST", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE", AND OTHER RELATED SECTIONS, TO CLARIFY THE APPLICABILITY OF THE PAYMENT IN- LIEU PROGRAM. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will provide additional opportunities for property owners to voluntarily participate in the payment in-lieu of parking program. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Payment of a fee in-lieu of providing required parking spaces is an option currently available to properties located within the CBD, CBD-RC, and OSSHAD zoning districts. Further, the parking space fee associated with this program is based upon the In-Lieu Fee District Area Number within which property is located. There are currently a number of qualifications that must be satisfied to be eligible for the City Commission to consider approval of a payment of a fee in-lieu of providing the required number of parking spaces. These qualifications are: ^ When additional parking is required that results from in-fill development that has been vacant for five (5) years or longer; ^ From a change of use; • Adding floor space to an existing building. In lieu options are specifically prohibited for the following: ^ New development; ^ For Changes of use, or increases in floor space, if either occurs within two (2) years of the granting of a Certificate of Occupancy for new development. The current LDRs mandate that the City Commission make a finding that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and that no parking spaces are to be eliminated in the case of building additions. Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Fee In-Lieu of Parking The City of Delray Beach Parking Management Plan dated August 2010 recommends that the parking in-lieu program be expanded to provide property owners the option to voluntarily participate in the in-lieu program, whether or not a hardship exists. The Plan notes that doing so will enable developments to participate in the shared parking pool within downtown and further enable the City's vision of a park-once downtown. This amendment would also encourage additional participation in the payment in-lieu of parking program. This amendment eliminates the current qualifications that properties must meet to be eligible to participate in the in-lieu program. It further eliminates the requirement that the City Commission find that it is either inappropriate or impossible to provide the required parking and removes the prohibition for this option for building additions which result in the elimination of existing parking spaces (any spaces that are lost would be offset by a corresponding in-lieu payment). All new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, will now have the option of requesting some or all of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program. Additional language is added that the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, all currently adopted City policies and/or studies, and additionally, the Downtown Delray Beach Cluster Analysis. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following objective supports this proposed amendment: Future Land Use Element Objective A-5 states that "the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices." This LDR text amendment is supported by this Comprehensive Plan objective and will implement one of the recommendations of the Delray Beach Parking Management Plan. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and made a unanimous recommendation of approval. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and made a unanimous recommendation of approval. 2 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Fee In-Lieu of Parking The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made, but that consideration of the following is made: That developments that are exclusively residential not be eligible; That it be found that sufficient public parking is available when considering commercial projects; That adequate components, such as the residential component, of a mixed-use project be addresses separately. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment implements one of the recommendations of the City of Delray Beach Parking Management Plan of August 2010. While the fee in-lieu of providing parking program will remain as a viable option for development, it will now have greater opportunities for voluntary participation with adoption of this ordinance. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, by Amending Section 2.4.5 (O), In-Lieu of Parking and Public Parking Fee Requests, Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E) (3), "In-Lieu Fee", and the Supplemental District Regulations of Section 4.4.13 Central Business District, Section 4.4.24 Old School Square Historic Arts District, and 4.4.28 Central Business District-Railroad Corridor District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, by Amending Section 2.4.5 (O), In-Lieu of Parking and Public Parking Fee Requests, Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E) (3), "In-Lieu Fee", and the Supplemental District Regulations of Section 4.4.13 Central Business District, Section 4.4.24 Old School Square Historic Arts District, and 4.4.28 Central Business District-Railroad Corridor District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). 3 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Fee In-Lieu of Parking Recommend approval of the amendment to Land Development Regulations, by Amending Section 2.4.5 (O), In-Lieu of Parking and Public Parking Fee Requests, Section 4.6.9, "Off- Street Parking Regulations", Subsection 4.6.9(E) (3), "In-Lieu Fee", and the Supplemental District Regulations of Section 4.4.13 Central Business District, Section 4.4.24 Old School Square Historic Arts District, and 4.4.28 Central Business District-Railroad Corridor District, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 4 6E The Palm Beach,Past ~ PalmBeachPost.com (561} 820-4343 4 ,Friday,l~ly 8, 201.