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Ord 01-09if ORDINANCE NO, 01-09 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 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (A}, "SELF-SERVICE STORAGE FACILITIES (SSSF}" AND SUBSECTION ~}, "GASOLINE STATION", TO REVISE AND/OR CLARIFY PARI{ING REQUIREMENTS FOR THESE USES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD} DISTRICT", SUBSECTION (G}, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO} DISTRICT", SUBSECTION (G}, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4,24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD}", SUBSECTION {G}, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.2$, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC}", SUBSECTION {G}, "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.29, "MI~;ED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC} DISTRICT", SUBSECTION (H}, "SUPPLEMENTAL DISTRICT REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN THESE ZONING DISTRICTS AND TO EXPAND THE AREA SUBJECT TO SPECIAL PARKING REQUIREMENTS WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION {C}, "NUMBER OF PARKING SPACES REQUIRED", TO MODIFY HOW FRACTIONS ARE ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES AND TO CLARIFY THE PARKING REQUIREMENTS FOR OTHER USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT NEW DEFINITIONS FOR "GROSS FLOOR AREA" AND "NET FLOOR AREA"; 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 December $, 200$ and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c}, the Planning and Zoning 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 WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zaning Staff Report; and WHEREAS, the City Comnussian of the City of Delray Beach finds the ordinance is consistent with the gaals, policies, and objectives of the Comprehensive Plan. l~'OW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL,F:AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements far Specific Uses", Subsection (A}, "Self-Service Storage Facilities (SSSF}", of the Land Development Regulations of the Cade of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Self-Service Storage Facilities (SSSF): (1} Lot Area: The minimum lot area is two (2) acres, and the maximum lot area is five (5) acres. (2} Facilities and Requirements: (a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of--way. (b) Na building shall exceed fifteen feet (15'} in height. This does not apply to an on-site manager's apartment which may be located an a second floor, not to exceed thirty-five feet (35') in height. (c) Parking shall be provided at the rate of one (1) space per 5,000 square feet of b~ gross floor area uses. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways 2 ORD. N0.01-09 are designed to allow customers to safely park in front of their storage unit without impeding internal circulation. {3) Limitation of Uses: (a) Activities other than the rental or lease of storage units are not allowed to be conducted on the premises, unless specifically permitted through the conditional use process. {b} No business or activity other than dead storage shall be conducted from any storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. {c) There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. (d) The use or storage of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot {1') by two feet (2') in the leasing office. {f) Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional use approval, {4) On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager, and provide on-site living quarters for such. (5) Hours of Operation: SSSF customers may nat access individual storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance sha11 customers of any SSSF have 24 hour access to their storage unit{s). (6) Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot {10'} landscape buffer ~ c~R~a. Na. 01-09 shall be required for the entirety of the property. (7} Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of--way. {$) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights-of--way. Section 3. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection Q), "Gasoline Station", 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; Q) Gasoline Station: A gasoline station is any establishment at which the sale and delivery of fuel to a motor vehicle occurs. Gasoline stations are classified as to other activities which occur on the site of the establishment and are thus regulated as provided far herein. {1) Service Station: A gasoline station which also sells and delivers lubricants and other products necessary to the operation of vehicles. It may include the sale and installation of accessories, tires, batteries, seat covers; and the provision of services such as fire repaix, tune-ups, minor engine repair, wheel balancing and alignment, brake servicing, and washing either by hand or by an automated car wash facility, Foad and drinks may be accommodated only through the use of vending machines. {2) Convenience Mart {Gasoline Station with Foad Sales): A gasoline station which also sells foods and convenience items and does not accommodate repair or installation services provided that the sale of food and convenience items is secondary to use as a gasoline station. {3} Full Service Station: A gasoline station at which activity of a service station and the sale of food and convenience items occurs, {4} Incidental Gasoline Sales: A gasoline station at which the sale of fuel is incidental or secondary to the primary function of the site as a retail business. There may be no outside display of vehicle products {oil, tires, etc.) at such a facility. {5) General Development Standards: Development standards as set forth in the following shall apply to sites upon which a sercTice station or convenience mart is to be located, An establishment with incidental gasoline sales shall be governed by the site development requirements far the site and the main business except that the requirement of Subsection {b} shall apply. A full service station shall adhere to a combination of the requirements for a service station and a convenience mart. ITEM SERVICE STATION CONVENIENCE MA][>;T Minimum Lot Area 15,Odd S care Feet 15,ddd S uare Feet 111inisnum Fronta e 150 Feet 15d Feet Parking Requirements 4+4~ 4.511,ddd sq. ft. of non- ~l~ 4_5 1 d Square Feet of dross r~air grass floor area and 4 spaces Floor Area er S rvic a or Lif Driveways There shall be no mare than two {2) curb-cuts to any abutting street with a minimum distance of twenty-five feet {25') between curb-cuts. Curb-cuts shall not have a width exceeding thirty-five feet {35'), exclusive of transitions. Curb- cuts shall not be located Glaser than twenty-five feet {25'} to the intersection of the ultimate right-of--way lines at a earner nor closer than fifteen feet {15') from an = abuttin ro er line or alle . (6} Gasoline Facility Development Standards: The following standards apply to whatever classification, agasoline station has. (a} Location of Dispensers: Gasoline dispensers, tanks, dispenser island, and canopies shall not be located closer than fifteen feet (15'} from any property line. When property directly abuts residentially zoned property, gasoline dispensers, tanks, dispenser islands and canopies, signs, or vents shall not be located closer than forty feet (40'} from the property line abutting the residentially zoned property. (b} Storage Tanks; All storage tanks shall be underground. (c} Lift and Repair Facilities; All such facilities shall be located within a structure. (d} Display of Products: Vending machines are to be located under roof and screened on three sides. Racks containing cans of lubricating oil may be displayed on service islands. Racks or pedestals used for the display of tires shall be located along any side (as opposed to front} of a structure. Section 4. 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 and the same is hereby amended to read as follows: (G} Supplemental District Regulations: In addition to the supplemental district regulations as set 5 ORn. r10. fl l -09 forth in Article 4.6, 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 an the east and S.E. ~t 2nd Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, and business and~rofessianal 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 Zone District, the provisions of Section 4.6.~(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. This exemption may only occur once per property. (c} If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4,6.9{E}{4}, the in-lieu fee option provided in Section 4.G9(E}{3} may be applied. (d} The parking requirement far restaurants is established at six (6} spaces per 1,000 square feet of gross floor area. (e} The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue an the west, N.E. ~t 2nd Street an the north, the Intracoastal Waterway on the east and S.E. ~-s~t 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 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 requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: * Efficienc dwellin unit 1A spaceJunit * ©ne bedroom dwellin unit 1.25 spaces1unit * Twa ar more bedraam dweliin unit 1.75 spacesJunit ' * Guest arkin shall be rovided curnulativel as follows: C?RD. NO. 02-4~ - for the first 2a units a.5a s acesJunit - for units 21-5a a,3a s aceslunit - for units 51 and above 0.2a s aces/unit 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 far 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 witlzin a development project. ~ The parking reauirement for business and professional offices within that r}artian of the CBD bounded by Swinton Avenue on the west. ~?.E. 2nd Street on the north. the Intracoastal Waterway on the east and S.E. 2nd Street an the south is established at ane,._.(~ space per 300 sa. ft. of net float area. {2} West Atlantic Neighborhood Supplemental District Regulations: The fallowing supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B}: {a) Commercial structures are limited to a maximum depth of 1 SO feet from the ultimate right-of--way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue ar 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} There is no restriction on repair and/or reconstruction of non-confarniing single family residences located a minimum of 150 feet from Atlantic Avenue. (c} Six (6} parking spaces per 1,000 square feet of grass floor area are required far restaurants and one {1} parking space per 300 square feet of gross floor area is required far all other non-residential uses, except hotels and motels, and business and professional offices. Parking spaces far residential uses are required at the rates established in Section 4.6.9{C)(2}. {d} The parking requirement for hotels and motels is established at 0.7 of a space for each guest roam plus one {1} space per 300 sq. ft. of floor area devoted to ballrooms, meeting roams, and shops and six {6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel ar motel. ORD. NO.O i -09 (e) If it is impassible or inappropriate to provide required parking 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 lass 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 ar inappropriate, the Site Plan Review and Appearance Berard may approve an alternate location. (g;~The parking requirement for business and professional offices is established at one space per 300 scl. ft. of net floor area. Section 5. That Section 4.4.17, "Residential Office (RO} District", Subsection (G}, "Supplemental District Regulations", of the Land Development Regulations of the Code of C)rdinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as foIlows: (G} Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1} All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2} Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of teal net floor area (1 j300}, However, this requirement may be reduced to 1 J400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site, Section 6. That Section 4.4.24, "C~ld School Square Historic Arts District (C-SSHAD}", Subsection (G}, "Supplemental District Regulations", 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: (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,E. 3rd Street (Banker's Row} shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G}], ar provisions of the Banker's Row Development Plan, whichever is more permissive. (2} The perimeter landscaping requirements of Section 4.6.16(H}(3}(e} shall not apply. ORD. NO.41-09 {3) All parking, except for single family homes and duplexes, shall be located in the side ar 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 wi11 be maintained. If approved, such parking sha11 be substantially screened from off-premises view by a hedge or decorative fencing. (4} Parking Requirements: {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 t-e~l oss floor area, ar by at least one space, where there is a mix of residential and non-residential use in the same structure, (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing gross floor area being converted to restaurant use. {c} Residential-type inns shall provide one parking space per guest roomjunit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided far in subsections 4.4.24 (O) (4) (a} and (b} above. d Business and rofessional offices shall rovide one 1 s ace er 300 s . 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 it is impassible or inappropriate to provide required parking an-site or off-site, pursuant to Section 4.G.9{E}{4), 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) ~X1hen 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 only one new parking space, a one space exemption shall be a]lowed. This exemption may only occur once per property. Section 7. That Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC}", Subsection (G}, "Supplemental District Regulations", of the Land Development Regulations of the 9 ORD. N0. Q1-(?9 Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as fallaws: (O) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.f~, the fallowing shall apply: (1) When the parking requirements of Section 4.6.9{E)(4} are applied to either new development, expansion of an existing use ar a change in use, which results in the requirement of only one new parking space, a one space exemption shad be allowed. This reduction may only occur once per property. (2) If it is impossible or inappropriate to provide required parking an-site, or off--site pursuant to Subsection 4.f~.9(E}(4}, the in-]ieu fee option provided in Section 4.6.9(E}{3} may be applied. (3} The parking requirement far restaurants is established at six {6) spaces per 1,404 square feet of ~ floor area. Section 8. That Section 4.4.29, "Mixed Residential, Office And Commercial {MROC} District", Subsection (H}, "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Leach, Florida, be and the same is hereby amended to read as follows: {H) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by, or added to, as follows: {1} The perimeter buffer shall be landscaped to provide a boulevard effect along Congress Avenue. {2) The parking requirement far restaurants is established at twelve (12) spaces per 1,444 square feet of ,gross Hoar area. {3} The parking requirements far residential units in multi-family structures ar mixed-use buildings shall be as follows: • Efficiency dwelling unit 1,0 spaceJunit • One bedroom dwelling unit 1.25 spaces/unit • Twa or more bedroom dwelling unit 2.00 spacesJunit • Two or more bedroom dwelling units within 1000' of a Tri-Rail station 1.5 spaces/unit • Guest parking shall be provided cumulatively as follows: 1fl ORD. NO. fl1-04 - for the first 20 units - for units 21-50 - for units 51 and above 0.50 spaceslunit 0.30 spaces/unit 0,20 spaceslunit (4) The parking for commercial uses shall be 4.5 spaces per 1,000 square feet of oss floor area. (5) The parking far business and professional office uses shall be 4 spaces per 1,000 square feet of net floor area up to 3000 sc~.ft. and then 3.5 spaces per 1,000 soft. of net Hoar area aver the initial 3,000 sq.ft. {6) The parking for Medical office uses shall be 5 spaces per 1,000 square feet of oss floor area. (7) The parking far governmental uses shall be as outlined in LDR Section 4.6.9.(C} {$) For mixed-use developments, the shared parking formula under LDR Section 4.6.t1(c}{8) can be utilized. (9) Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. {10) Parking adjacent to Congress Avenue: Parking shall be located to the rear of buildings having direct frontage along Congress Avenue. To that end na surface parking shall be located between buildings and Congress Avenue. Notwithstanding the above, relief to this requirement can be granted to accommodate pre-existing conditions. Section 9. That Section 4.6.9, "Off-Street Parking Regulations", Subsection {C), "Number of Parking Spaces Required", 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 (allows; {C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, ar changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (1) General Provisions The fallowing apply in the application of this Subsection: (a) Fractions: , . . 4~hen the determination of the number of required parking spaces results in a requirement of a fractional space, any fraction less than one-half space sha11 be rounded down to the nearest whole number and any 11 ORD.1~1C}. 01-09 fraction of one-half space or more shall be rounded ub. {b} Handicapped Spaces: Special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Such spaces shall not be in addition to, but shall substitute for, required parking. {c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a fixed or stationary bike rack for the following uses: (1} In shopping centers at the rate of five {5} spaces per 100,Q00 sq.ft. of gross floor area; (2) At fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five {5} spaces per facility. (3} Any non-residential use within the City's TCEA which, through the development review process, is determined to generate a demand. (d} Uses Not Listed: Any use, or use category, which is not specifically listed herein shall have its parking requirement established at the time of approval of the site and development action associated with the new use or structure. {e} Design Requirements Apply, Exceptions: The Design Requirements for parking lots as provided for in Section 4.G.9(fJ} shall apply to all parking spaces which are required in this subsection, except for specific provisions to the contrary which are contained herein. (~ Requirements Are Cumulative: In situations where a combination of uses are developed on a site, parking requirements shall be determined for each of the uses according to the parking requirements set forth herein. An exception to this rule may be made, pursuant to Subsection (C}(8}, Multiple Uses. {g} Compact Car Parking: Up to 30°l0 of the required parking for any use may be designated for compact cars. Such approval may be granted concurrent with approval of the site and development plan. Spaces which are provided in excess of the number required may also be designated and designed as "compact car parking". (2} Requirements for Residential Uses: (a} Single Family Detached Residences: -- two spaces per dwelling unit. Tandem parking 12 ORD. NO.41-49 may be used provided that in the Single Family (R-1 District} or RL District, no required parking space may be located in a required front or street side setback. {b} Duplexes. -- two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width, {c} Multiple Family Structures: * Efficiency dwelling unit ~ One bedroom dwelling unit * Two or more bedroom d.u. ~ Guest parking shall cumulatively as follows: - for the first 20 units - far units 21-50 - for units 5t and above be provided 1.0 spacejunit 1.5 spaces junit 2.0 spaces/unit 0.5 spaces per unit 03 spaces per unit 0.2 spaces per unit 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 far one unit impeding access to a space of the other unit. {d} 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, A portion of guest parking spaces may be provided in stabilized sod pursuant to Section 4.6.9{D}{8}, {3} Requirements for Commercial Uses: {a} General Commercial Uses: Shall provide 4.5 spaces per 1,000 square feet of gross floor area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities. {b} Convenience Stares with Associated Gasoline Sales: Shall provide 4.5 spaces per 1,000 square feet of gross floor area of the convenience store and any kiosk or cashier station. {c} Gasoline Stations: With or without convenience food sales shall provide 4.5 spaces per 1,000 square feet of non-repair gross floor area and shall provided four {4} spaces per service bay or lift. i ~ QRD. No. 01-09 (d} Restaurants: Inclusive of drive-ins, drive-thru, snack shops, night clubs, lounges shall provide 12 spaces per 1,004 square feet of rocs floor area up to 6,040 sq.ft. and then 15 spaces per 1,040 sq.ft. of toss floor area over the initia16,004 sq.ft. (e} Shopping Centers: Spaces required based upon size of center per grass leasable floor area, irrespective of uses: * 25,Q00 to 400,000 sq. ft. provides: 4J1,000 sue. ft. of grass floor area * 400,000 to 600,000 sq. ft provides: 4Sj1,000 sa_ ft of Gross floor area * greater than 600,000 sq. ft. provides: 5J1,000 sc}, ft. of gross floor area (f} Vehicle Sales and Rental: Including auto sales, auto rental agencies, recreational vehicle sales and rental, and truck sales and rental, shall provide 4 spaces per 1,044 sq,ft. of total building(s) ,gross floor area, except indoor display areas, Required parking spaces shall be designated for employee, customer, and/ar service use at the standard of, at least, 1.5 spaces per service bay and 2 spaces per 1,444 sq.ft. of oss floor area (less indoor display area). Any remaining spaces may be used for display purposes. (g} Personal Service Providers: {Beauty Salons, Spas, etc.}: Shall provide 4.5 spaces per 1,004 sq, ft. of gross float area in buildings up to 5,000 sq. ft. and 4.5 spaces per 1,000 sq, ft. of grass Haar area plus 4.5 spaces per work station in buildings greater than 5,044 sq. ft. as it pertains to the personal service provider uses. (Note: 1Xlork stations providing manicure services which include bath manicure table and pedicure chair shall be calculated as one (1) work station far each table and chair combined) (4) Requirements for Office Uses: (a) Business and Professional Offices Except governmental and medical offices, shall provide: * 4 spaces per 1,000 sq.ft. of g;ress net floor area d up to 3,000 sq.ft, and then 3.5 spaces per 1,004 sq.ft. of guess ~ floor area ' over the initial 3,004 sq. ft. (b) Governmental Clffices: Including public health and rehabilitative services, shall provide 5 spaces per 1,440 sq.ft. of gross floor area, (c) Medical and Dental Offices: Including clinics and mental health treatment facilities, shall provide 5 spaces per 1,400 sq.ft, of gross floor area, 14 ORD. N0.01-49 {5} Requirements for Industrial Uses: {a} General: General Industrial Uses (manufacturing, assembly, attendant offices) shall provide parking at the rate of 3 spaces per 1,000 sq.ft. of gross floor area devoted to such uses, In addition, 1 space shall be provided for each 1,400 sq.ft, of oss floor area devoted to storage and warehouse use. (E-a} Vehicle Paint, Body, and Repair Shops: Shall provide 4.5 spaces per 1,000 sq.ft. of gross floor area, {c) Vehicle Wrecking and Salvage Yards; Shall provide 1 space per 14,040 sq.ft. of lot area. {6} Requirements for Recreational and Community Facilities Either Public or Private: {a) Auditoriums, Meeting Places: Assembly halls, conference and meeting rooms, theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts centers, and similar uses shaIl provide 0.3 of a parking space for each seat or 1 space for each 50 sq,ft. of ~~cl-gross floor area, whichever is greater. {b} Bowling Establishments: Shall provide 4 parking spaces per lane, (c) Churches: Shall provide one space for every three seats provided in the sanctuary. Additional parking is not required for other uses an the church property (e.g. Sunday School, Day Care, Preschool, etc.} when such uses are operated as a part of, under the auspices of, the Church. {d} Clubs and Lodges: Shall provide 1 space for every four seats or 1 for every 50 sq.ft. of fetal oss floor area, whichever is greater. (e) Educational Facilities: Public or private, shall provide the following: * Nursery and kindergarten 1 / 300 sq. ft. of fetal gross Haar area. * Elementary and Middle 2 per classroom, plus 50°I° of the requirement of an auditorium or stadium. * High School, Vocational Schools, Colleges and Trade Schools shall provide 1 space far every 5 students which can be accommodated at maximum capacity. (f} Fire Stations: Shall provide 1 space for each employee on the shift with greatest employment. (g} Golf Courses: A full golf course shall provide 7 parking spaces per hole; an executive 15 C?RD. NO, 41-(l9 golf course shall provide 4 parking spaces per hole. {h) Miniature Golf Courses: Shall provide 1.5 parking spaces per hole. {i} Hospitals: Shall provide 1,5 spaces per bed, plus 1 f 100 sq.ft. of floor area in rooms for outpatient, emergency, and other special service areas open to the public, {l) Libraries: Shall provide 4/1,000 sq.ft. of tl oss floor area. {k} Museums: Shall provide 5/1,000 sq.ft. of floor area which is open to the public. {1} Police Stations, Public Warks Complexes: Shall provide 4/1,000 sq.ft. of 1 gross floor area. This requirement shall encompass all uses on the premises. {m) Post Offices: Shall provide 5/1,000 sq.ft. of teal ,gross floor area in addition to a parking area for employees. {n} Swim Clubs: Shall provide 1 f 30 sq.ft. of total water surface. {o} Tennis Clubs: Sha11 provide 4 spaces per court, {p} Comrnuruty Facilities Within Planned Residential Developments: Shall provide parking sufficient to accommodate guest, service and local needs recognizing that residents have other means of access. The parking shall be pursuant to an approved site plan. {q} Parks: Shall have the parking needs assessed and determined by the City Manager or designee. {r} Yacht Clubs: Une space per 1.,000 sq.ft. of gross floor area and outdoor seating/eating area plus 0,5 spaces for each boat slip, {7} C-ther Uses: {a} Abused Spouse Residence: Clne space per sleeping room plus one space for each shift employee. {b} A,C.L.F's, Residential Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. {c} Continuing Care: Facilities shall provide 1.5 spaces per unit. 16 ORD. NO.O1-09 (d) Bed and Breakfast Inns: Shall provide ane per guest roam and ane far the managerJowner. (e) Flotels and Motels: Shall provide 0.7 of a space far each guest roam plus 10 spaces per 1,000 sq.ft. of float area devated to ballrooms, meeting rooms, restaurants, lounges, and shops. {f) Broadcast Facilities and Communieatian Facilities: Shall pravide 4/1,000 sq.ft. of Toss floor area. (g) Bus Stations, Taxi Stations, and Train Stations: Shall pravide 3/1,000 sq.ft. of fetal gross floor area (including storage areas). (h) Child Care and Adult Day Care: Shall provide 1 j300 sq.ft. of $1 oss floor area. {i) Courts, Courthouses and Related Facilities: Shall provide 1 /150 sq.ft,{net) of courtroom space plus 1/250 sq.ft. {grass) of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. {j) Funeral Haines: Shall provide 4/1,000 sq.ft. of fetal gross Haar area plus 0.3/each seat in the chapel, if any. {k) Marinas: Shall pravide 5/1,000 sq.ft. of ass Haar area of any building devated to marina use plus 1 jslip. {$) Multiple Uses: {a) Shared Parking: When a building or combination of buildings an a unified site is used far both residential and commercial purposes, and is located with the CBD, GC, MRtJC or PC zoning district, the minimum total number of required parking spaces shall be determined by the fallowing method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below far each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns far the table. The minimum total parking requirement is the highest sum of the vertical columns. Shared Parking Calculations Table Use for multiple use projects which include residential in GBb, GC, MROG and PG zoning districts I Weekday ' Weekend Use Night Dav Evening I3av Ev 17 QRI3. NC}. Ol-a9 Midnight to 6 A.M. ( 9 A.M. to 4 P,M. 6 P.M. to Midni ht 9 A.M, to 4 P.M. 6 P.M, to Midn' ht Kesidential 100°lo GO°lo 90% $0% 90°l0 Office 5°l0 100% 10% 10% 5°l0 CommcrcialJKetail 5°l0 70°Jo 90°fo 100°fo 70°to 1-lotel &0% $il% 100°10 80% 100°l0 Restaurant 10°1° 50°l0 100% 50% 100% Isrt[ertainment/Kecreational theatres, bowfin a11e s, etc 10°fo $0°/a 10(1% $0% 100°10 Other 100rIo 100°l0 100°!0 100°l0 100°10 For mixed use developments utilizing the shared parking calculations table, which contain both residential and non-residential uses, a minimum of one (1) parking space shall be reserved for each residential unit. These reserved spaces, or any spaces reserved for other uses, must be included in the "other" category and applied as 100°l0 utilization. Furthermore, subsequent to the issuance of a Certificate of Occupancy (CO}, the reservation of additional parking spaces will require a site plan modification and be subject to the provision of the nuxlinnum parking requirements. {b) Differing Hours of Operation. When uses within a structure or a development have separate hours of operation ~e.g. 9 a.rn. to 5 p,m. and G p.m. to 10 p.m.} administrative relief may be granted to a11ow double counting of parking spaces. (c} Subordinate Uses. When parking spaces are provided based upon an intensive use of a site (e.g. church services) and, at different times, other uses are on the site (e.g. day care) administrative relief may be granted to the effect of not requiring parking for the subordinate uses. Section 10. That Appendix "A", "Definitions" 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: Gross Floor Area The total floor area contained within a building measured from the exterior surface of outer buildin walls. Net Floor Area The total floor area of a building, measured from the finished interior wall surface of the outer building walls„ excluding major vertical penetrations of the floor (elevator and other mechanical shafts, stair wells?, mechanical equipment.Tarking areas. common restrooms, common lobbies. and common hallways. Storame area is included in the net square feet calculation unless it is demonstrated that it cannot ~e converted to habitable space. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, 18 C3RL}.1V0.01-09 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 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance sha11 become effective immediately upon its passage on second and final reading. G~ PASSED AND AD(JPTED in regular session an second and final r g on this the day of ~.y`~~vuS`S _, Zoa9. VICE M A Y ATTEST City Clerk First Readin tiJ~ Second Reading ~ ~~` 19 4RD. NO.01-09 rJ ~: ,~ ~~~~Q~~~~~~1~ TO: Mayor and City Commissioners l?ROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning DATE: December 23, 2008 SUBJECT: AGENI}A ITEM 10.B. -REGULAR CCIMMISSION MEETING OF JANUARY 6, 2009 C}RDINANCE NO.Ol-09 ITEM BEFU~tE CC}MMISSIQN Consideration of aCity-initiated amendment to Sections of the Land Development Regulations dealing with parking requirements, in order to promote office development in Delray Beach. BACKGRCtUND On October 10, 2008, the City received a memo from Francisco Perez-Azua, Vice-Chair of the Chamber of Commerce Economic Development Committee. The memo outlines recommendations to incentivize office building development in Delray Beach. The recommendations build on the basic notion that a reduction in parking requirements for office development, and the allowance of various farms of automated parking systems will provide needed incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that some of the proposals would require in depth analysis, but others could be reviewed quickly and adapted immediately. 1t is these proposals that are included in the ordinance before the City Commission. This ordinance represents just the first phase of the process-the remaining proposals will be reviewed and brought forth later. The significant changes are summarized below and a complete analysis is included in the attached Planning & Zoning Board Staff Report: • The geographic area within the CBD zoning district where the parking requirement for all non residential uses, except restaurants, hotels and motels and business and professional offices, shall be one per 300 sq. ft. of vss floor area has been expanded from I~iE and SE 1st Streets to 1~1E and SE 2nd Streets. The parking requirement far business and professional offices within this area is one space per 300 sq. ft. of net floor area. The parking requirement for business and professional offices shall be based on "net" floor versus "gross" floor area • Currently, the calculation of the number of parking spaces resulting in a fraction is rounded up to the next whole number. With the proposed change any fraction less than one-half space will be rounded down to the nearest whole number and any fraction of one-half space or more will be rounded up. • Provide definitions far "gross floor area" and "net floor area" The amendment also contains two minor changes. The first is a correction to the parking requirements for gasoline stations, which were different in two sections of the LDRs, 4.3,3{J} and 4.6.9{C}~3). The second is to clarify that the parking requirement for Self-Service Storage Facilities is calculated at one (1) space per 5,000 square feet of gross floor area rather than being limited to the area devoted to self- storage and accessory managementladministration uses. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 8, 2008. The Board unanimously recommended approval on a 7 to 0 vote, by adapting 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 Earth in Section 2.4.5{~v1) of the Land Development Regulations, The Downtown Development Authority (DDA} unanimously recommended approval of the proposed text amendment. On December 10, 2008, the West Atlantic Redevelopment Coalition (WARC) unanimously recommended approval of the proposed text amendment. C}n December 1 ~, 2008, the Community Redevelopment Agency (CRA) unanimously recommended approval of the proposed text amendment. On December 1, 200$, the Parking Management Advisory Board (FMAB} voted 8-1 to recommend approval of the proposed text amendment, The Pineapple Grove Main Street meeting will. not occur until January 7, 2009. The Board's recommendation will be reported to the City Commission at second reading of the ordinance. RECOMMENDATION By motion, approve on first reading Ordinance Na. 01-49, aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adapting 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 Earth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 02-09 AN ORDINANCE OF THE CITY C014Bv1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT I~;EGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (A), "SELF-SERVICE STORAGE FACILITIES (SSSF}" AND SUBSECTION (J), "GASOLINE STATION", TO REVISE AND~OR CLARIFY PARKING REQUIREMENTS FOR THESE USES; AMENDING SECTION 4.4.23, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION {G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4,17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (G}, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSPIAD)", SUBSECTION {G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR {CBD-RC}", SUBSECTION {G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (H), "SUPPLEMENTAL DISTRICT REGULATIONS", TO CHANGE T'HE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN THESE ZONING DISTRICTS AND TO EXPAND THE AREA SUBJECT TO SPECIAL PARI~iNG REQUIREMENTS WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKI]VG SPACES REQUITED", TO MODIFY HOW FRACTIONS ARE ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND. PROFESSIONAL OFFICES AND TO CLARIFY THE PARKING I~:EQUIREMENTS FOR OTHER USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT NEW DEFINITIONS FOR "GROSS FLOOR AF:EA" AND "NET FLOOR AR.I?.A"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. LXrHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 8, 2008 and voted 7 to 0 to recamtnend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4){c), the Planning and Zoning 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 WHEREAS, the City Comn-ussion of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Conunissian of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A}, "Self-Service Storage Facilities (SSSF)", 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: (A} Self-Service Starage Facilities (SSS~: (1) Lot Area: The minimum lot area is two {2) acres, and the rnaxitnum lot area is five (5) acres. {~) Facilities and Requirements: {a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of--way. (b) Na building shall exceed fifteen feet (15') in height. This does not apply to an on-site manager's apartment which may be located on a second floor, not to exceed thirty-five feet (35'} in height. {c} Parking shall be provided at the rate of one {1) space per 5,400 square feet of lrrg gross floor area uses. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to a]low customers to safely park in front of their storage unit without impeding internal circulation. ORD. N4. fl1-fl9 {3) Limitation of Uses: {a} Activities other than the rental ar lease of storage units are not allowed to be conducted on the premises, unless specifically permitted through the conditional use process. (b} Z~Ta business or activity other than dead storage sha11 be conducted Pram any storage unit in the facility. Ea~amples of prohibited uses include, but are not limited to the following: the servicing, repair andf or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working {whether personal or professional}; personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. {c} There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. (d} The use ar storage of any hazardous materials is expressly prohibited. {e} The terms and conditions of this section sha11 be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot {1'} by two feet (~'} in the leasing office. (f} Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional use approval. (4} On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager, and provide on-site living quarters far such. (5} Hours of Operation: SSSF customers may not access individual storage units before 5:00 a.m. ar any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In na circumstance shall customers of any SSSF have 24 hour access to their storage units}. {6} Landscape Requirements; In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10'} landscape buffer shaIl be required far the entirety of the property. {7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is pernitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of--way. ($) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights-of--way. Section 3. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection {~), "Gasoline Station", of the Land Development Regulations of the Cade of C)rdinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (J} Gasoline Station: A gasoline station is any establishment at which the sale and delivery of fuel to a motor vehicle occurs. Gasoline stations are classified as to other activities which occur on the site of the establishment and are thus regulated as provided for herein. (1) Service Station: A gasoline station which also sells and delivers lubricants and other products necessary to the operation of vehicles. It may include the sale and installation of accessories, tires, batteries, seat covers; and the provision of services such as fire repair, tune-ups, minor engine repair, wheel balancing and alignment, brake servicing, and washing either by hand or by an automated car wash facility. Food and drinks may be accommodated only through the use of vending machines. (2} Convenience Mart (Gasoline Station with Food Sales}: A gasoline station which also sells foods and convenience items and does not accommodate repair or installation services provided that the sale of food and convenience items is secondary to use as a gasoline station. (3) Full Service Station: A gasoline station at which activity of a service station and the sale of food and convenience items occurs. (4} Incidental Gasoline Sales: A gasoline station at which the sale of fuel is incidental or secondary to the primary function of the site as a retail business. There may be no outside display of vehicle products (ail, tires, etc.) at such a facility. (S} General Development Standards: Development standards as set forth in the following sha11 apply to sites upon which a service station or convenience mart is to be located. An establishment with incidental gasoline sales shall be governed by the site development requirements for the site and the main business except that the requirement of Subsection (6) shall apply. A full service station shall adhere to a combination of the requirements for a service station and a convenience mart. 4 (7RD, NO, 01-{~9 ITEM SERVICE STATI+dN C{3NVENIENCE 11~IART Minimum Lot Area 15,000 S uare Feet 15,000 S uare Feet Minimum Fronta e 150 Feet 150 Feet Parking Requirements ~-~-4-~tt}~ 4.5,1 000 sc1. ft. of ~9 ~;~0 Square Feet of Gross non-repair gross floor area and 4 Floor Area s aces er Sercrice Ba or Lift Driveways There shall be no more than two {2} curb-cuts to any abutting street with a minimum distance of twenty-five feet {25'} between curb-cuts. Curb-cuts shall not have a width exceeding thirty-five feet {35'}, exclusive of transitions. Curb- cuts shall not be located closer than twenty-five feet {25'} to the intersection of the ultimate right-of-way lines at a comer nor closer than fifteen feet {15'} from an abuttin ro er line or alle . {6) Gasoline Facility Development Standards: The following standards apply to whatever classification, agasoline station has. {a} Location of Dispensers; Gasoline dispensers, tanks, dispenser island, and canopies shaIl not be located closer than fifteen feet {15~ from any property line. When property directly abuts residentially zoned property, gasoline dispensers, tanks, dispenser islands and canopies, signs, or vents shall not be located closer than forty feet (40') from the property line abutting the residentially zoned property. (b) Storage Tanks: All storage tanks shall be underground. (c) Lift and Repair Facilities: AIl such facilities shall be located within a structure. (d) Display of Products: Vending machines are to be located under roof and screened on three sides. Racks containing cans of lubricating oil may be displayed on service islands. Racks or pedestals used for the display of tires shall be located along any side (as opposed to front) of a structure. Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Clydinances of the City of Delray beach, Florida, be and the same is hereby 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 Supplemental Regulations: 5 ORD. N0.41-t19 (a) Within that pardon of the CBD bounded by Swinton .Avenue an the west, N.E. 2t~d 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 ~rafessional offices. shaIl be one space for each 300 square feet of gross Haar axea or fraction thereof. The parking required far 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 Zane District, the provisions of Section 4.6.9(0) shall apply, as further modified within this Subsecdan {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. This exemption may only occur once per property. {c} If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9{E}{3} may be applied. {d) The parking requirement for restaurants is established at six ~6) spaces per 1,000 square feet of gross floor area. (e) The parking xequirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. ~ 2nd Street an the north, the Intracoastal Waterway an 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 to ba3lrooms, 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 requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: • Efficient dwellin unit 2.0 space/unit • fine bedroom dwellin unit 2.25 spacesjunit • Two or more bedroom dwellin unit 1.75 spacesJunit • Guest arkin shall be rovided cumulativel as fo]2ows: - for the first 20 units 0.50 s acesJunit - for units 21-50 0.30 s acesJunit - for units 52 and above 0.20 s acesJunit URIC. NO.02-Q9 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 far 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 ar located near recreational features within a development project. {g} The parking requirement for business and professional offices within that portion of the CBD bounded b~ Swinton Avenue on the west N.E. 2nd Street an the north. the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at one ~1,~pace per 300 sq. ft. of net floor area. (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}: (a} Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of--way of Atlantic Avenue, unless the parcel has frontage an N.W. 5th Avenue ar S.W. 5th Avenue. Accessary uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 fact 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) There is no restriction an repair and/ar reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c} Six {6} parking spaces per 1,000 square feet of grass Haar area are required far restaurants and one (1) parking space per 300 square feet of grass Hoar 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 4.6.9(C}(2}. (d) The parking requirement far hotels and motels 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 shags and six (6) spaces per 1,000 sq. ft. of Haar area devoted to restaurants and lounges within the hotel or motel. (e} If it is impassible or inappropriate to provide required parking an site ar 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 an Atlantic Avenue. Where locating parking to the rear '7 URIC. NQ. {~ 1-09 of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. jrg} The parking requirement for business and professional offices is established at one 11~ mace per 300 sd. ft. of net floor area, Section 5. That Section 4.4.17, "Residential Office (RO} District", Subsection (G}, "Supplemental District Regulations", 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: (G} Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified 'and added pursuant to the following: (1} All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of tee ne floor area {1 f 300}. However, this requirement may be reduced to 1 /400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure an a property located within a designated historic district or an individually designated historic site. Section 6. 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, Florida, be and the same is hereby 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.E. 3rd Street {Banker's Row} shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection {G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. {2) The 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. Na 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 ORIG. NO. O 1-09 approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. (4) Parking Requirements: (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 l 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) Restaurants shall provide six spaces per one thousand square feet of total new or, existing gross 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. ~) Business and professional offices shall provide one (~ 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 sT ce 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 it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(E)(4), 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 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 only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. Section 7. 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 and the same is hereby 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 requirements of Section 4.6.9(E)(4) are applied to either new ORD. NO. O 1-09 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 reduction may only occur once per property. {2) If it is irnpossible or inappropriate to provide required parking on-site, ar off-site pursuant to Subsection 4.G,9{E)(4), the in-lieu fee option provided in Section 4.G.9(E)(3) may be applied. (3) The parking requirement for restaurants is established at six (G) spaces per 1,000 square feet of oss floor area. Section 8. That Section 4.4.29, "Mixed Residential, Office And Commercial (MRC>C) District", Subsection (H), "Supplemental District Regulations", of the Land Development Regulations of the Code of C)rdinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {H) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.G shall apply except as modified by, or added to, as follows: {1) The perimeter buffer shall be landscaped to provide a boulevard effect along Congress Avenue. {2) The parking requirement for restaurants is established at twelve {12) spaces per 1.,000 square feet of gross floor area. {3) The parking requirements for residential units in multi-family structures or mixed-use buildings sha]1 be as fallatvs: • Efficiency dwelling unit 1.0 spacejunit + C}ne bedroom dwelling unit 1.25 spaces junit + Two or mare bedroom dwelling unit 2.00 spaces/unit • Two or more bedroom dwelling units within 1000' of a Tri-R.aii station 1.5 spaces junit + Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spacesjunit - for units 51 and above 0.20 spacesjunit (4) The parking for commercial uses shall be 4.5 spaces per 1,000 square feet of gross floor axea. 10 OI2Z7. NO. O 1-09 (5} The parking for business and professional office uses shall be 4 spaces per 1,000 square feet of net floor area up to 3,000 scl ft and then 3 5 spaces frer 1 000 sq ft of net floor area over the initial 3.000 sq.ft. (6} The parking for Medical office uses shall be 5 spaces per 1,000 square feet of gross floor area. (7} The parking far governmental uses shall be as outlined in LDR Section 4.6.9.(C) (8} For mixed-use developments, the shared parking formula under LDR Section 4.6.9(c}(8} can be utilized. (9} Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (10) Parking adjacent to Congress Avenue: Parking shall be located to the rear of buildings having direct frontage along Congress Avenue. To that end no surface parking shall be located between buildings and Congress Avenue. Notwithstanding the above, relief to this requirement can be granted to accommodate pre-existing conditions. Section 9. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number of Parking Spaces Required", of the Land Development Regulations of the Code of Cjrdinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (C} Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (1) General Provisions: The following apply in the application of this Subsection: (a) Fractions: , .When the determination of the number of required parking spaces results in a requirement of a fractional space, any fraction less than one-half space shall be rounded down to the nearest whole number and any fraction of one-half s~race or more shall be rounded up. (b} Handicapped Spaces: Special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Such spaces shall not be in addition to, but shall substitute for, required parking. (c} Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by 11 ORD. NO. {}1-Q9 a fixed or stationary bike rack for the following uses: {1) In shopping centers at the rate of five (S) spaces per 100,000 sq. ft. of gross floor area; (2) At fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five {5} spaces per facility. (3) Any non-residential use within the City's TCEA which, through the development review process, is determined to generate a demand. {d} Uses I'~ot Listed: Any use, or use category, which is not specifically listed herein shall have its parking requirement established at the time of approval of the site and development action associated with the new use or structure. {e) Design Requirements Apply, Exceptions: The Design Requirements far parking lots as provided for in Section 4.6.9(D) shall apply to all parking spaces which are required in this subsection, except for specific provisions to the contrary which are contained herein. (f} Requirements Are Cumulative: In situations where a combination of uses are developed on a site, parking requirements shall be determined for each of the uses according to the parking requirements set forth herein. An exception to this rule may be made, pursuant to Subsection (C)(8), Multiple Uses. {g} Compact Car Parking: Up to 30°la of the required parking for any use may be designated for compact cars. Such approval may be granted concurrent with approval of the site and development plan. Spaces which are provided irl excess of the number required may also be designated and designed as "compact car parking". (2} .Requirements for Residential Uses: (a) Single Family Detached Residences: -- two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space may be located in a required front or street side setback. {b) Duplexes: -- two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width. {c} Multiple Family Structures: 12 ORD. NO. 01-09 * Efficiency dwelling unit * One bedroom dwelling unit * Two or more bedroom d.u. * Guest parking shall be cumulatively as follows: - for the fsrst 20 units - for units 21-50 - for units 51 and above 1.0 spacejunit 1.5 spacesfunit 2.0 spaces f unit provided 0.5 spaces per unit 0.3 spaces per unit 0.2 spaces per unit 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. (d) 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. A portion of guest parking spaces may be provided in stabilized sod pursuant to Section 4,6.9{L7}(8}. (3) Requirements for Commercial Uses: (a) General Commercial Uses: Shall provide 4.5 spaces pex 1,000 square feet of gross fooox area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities. (b) Convenience Stores with Associated Gasoline Sales: Shall provide 4.5 spaces per 1,000 square feet of gross floor area of the convenience store and any kiosk or cashier station. (c) Gasoline Stations: With or without convenience food sales shall provide 4.5 spaces per 1,000 square feet of non-repair gross floor area and shall provided four (4) spaces per service bay or lift. (d} Restaurants: Inclusive of drive-ins, drive-thru, snack shops, night clubs, lounges shall provide 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq.ft. and then 15 spaces per 1,000 sq.ft. of gross floor area over the initial 6,000 sq.ft. (e) Shopping Centers: Spaces required based upon size of center per gross leasable floor area, irrespective of uses: * 25,000 to 400,000 sq. 8. provides: 4J1,000 ~ f. t. of gross floor area 13 t~RI~. NC}. 01-09 * 400,000 to 600„000 sq. ft. provides: 4.5/1,000 sc~, ft. of gross floor area * greater than 600„000 sq. ft. provides: 5/1,000 sp. ft. of gross floor area (f} Vehicle Sales and Rental; Including auto sales, auto rental agencies, recreational vehicle sales and rental, and truck sales and rental, shall provide 4 spaces per 1,000 sq.ft. of total building{s} gross floor area, except indoor display areas. Required parking spaces shall be designated for employee, customer, andjor service use at the standard of, at least,.1.5 spaces per service bay and 2 spaces per 1,000 sq.ft. of gross floor area {less indoor display area}. Any remaining spaces may be used for display purposes. (g) Personal Service Providers: (Beauty Salons, Spas, etc.}: Shall provide 4.5 spaces per 1,000 sq, ft. of gross floor area in buildings up to 5,000 sq. ft. and 4.5 spaces per 1,000 sq, ft. of grass floor area plus 0.5 spaces per work station in buildings greater than 5,000 sq. ft. as it pertains to the personal service provider uses. {Note: Work stations providing manicure services which include both manicure table and pedicure chaix shall be calculated as one {1} work station for each table and chair combined} (4} Requirements for Office Uses: (a} Business and Professional Offices: Except governmental and medical offices, shall provide: * 4 spaces per 1,000 sq.ft. of gts net floor area ~.~ up to 3,000 sq.ft. and then 3.5 spaces per 1,000 sq.ft. of guess net floor area ~ over the initia13,000 sq.ft. (b} Governmental Offices: Including public health and rehabilitative services, shall provide 5 spaces per 1,000 sq.ft. of gross floor area. (c} Medical and Dental Offices: Including clinics and mental health treatment facilities, shall provide 5 spaces per 1,000 sq.ft. of gross floor area. (5} Requirements for Industrial Uses; {a} General. General Industrial Uses (manufacturing, assembly, attendant offices} shall provide parking at the rate of 3 spaces per 1,000 sq.ft. of gross floor area devoted to such uses. In addition, 1 space shall be provided for each 1,000 sq.ft. of gross floor area devoted to storage and warehouse use. {b} Vehicle Paint, Body, and Repair Shops: Sha11 provide 4S spaces per 1,000 sq.ft. of gross floor area. 14 C}RL}. NO. O1-09 {c) Vehicle Wrecking and Salvage Vards: Sha11 provide 1 space per 10,000 sq.ft. of lot area. (6) Requirements for Recreational and Community Facilities Either Public or Private: {a) Auditoriums, Meeting Places: Assembly halls, conference and meeting rooms, theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts centers, and similar uses shall provide 0.3 of a parking space for each seat or 1 space for each 50 sq.ft. ofgross floor area, whichever is greater. (b) Bowling Establishments: Shall provide 4 parking spaces per lane. (c) Churches: ShaIl provide one space for every three seats provided in the sanctuary. Additional parking is not required for other uses on the church property (e.g. Sunday School, Day Care, Preschool, etc.) when such uses are operated as a part of, under the auspices of, the Church. (d) Clubs and Lodges: Shall provide 1 space for every four seats or 1 for every 50 sq.ft. of gross floor area, whichever is greater. {e) Educational Facilities: Public or private, shall provide the following: * Nursery and Kindergarten 1 j 300 sq. ft. of ~e~l gross floor area. * Elementary and Middle 2 per classroom, plus 50% of the requirement of an auditorium or stadium. * High School, Vocational Schools, Colleges and Trade Schools shall provide 1 space for every 5 students which can be accommodated at maximum capacity. {~ Fire Stations: Shall provide 1 space for each employee on the shift with greatest employment. (g) Golf Courses: A full golf course shall provide 7 parking spaces per hole; an executive golf course shall provide 4 parking spaces per hole. {h) Miniature Golf Courses: Shall provide 1.5 parking spaces per hale. {i) Hospitals: Shall provide 1.5 spaces per bed, plus 1/100 sq.ft. of floor area in rooms for outpatient, emergency, and other special service areas open to the public. (j) Libraries: Shall provide 4j1,000 sq.ft. of l gross floor area. 15 C7R1~. NO. 01-09 {k} Museums: Shall provide 5j1,000 sq. ft. of floor area which is open to the public. (1} Police Stations, Public Works Complexes: Shall provide 4j1,000 sq.ft. of total gross floor area. This requirement shall encompass all uses on the premises. {m} Post Offices: Shall provide 5j1,000 sq.ft. of l gross floor area in addition to a parking area for employees. {n} Swim Clubs: Shall provide 1 J30 sq.ft. of total water surface. (o} Tennis Clubs: Shall provide 4 spaces per court. {p} Community Facilities Within Planned Residential Developments: Shall provide parking sufficient to accommodate guest, service and local needs recognizing that residents have other means of access. The parking shall be pursuant to an approved site plan. (q) Parks: Shall have the parking needs assessed and determined by the City Manager or designee. (r} ~'acht Clubs: One space per 1,000 sq.ft. of gross floor area and outdoor seating/eating area plus 0.5 spaces for each boat slip. {7} Other Uses: {a} Abused Spouse Residence: One space per sleeping roam plus one space for each shift employee. (b} A.C.L.F"s, Residential Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. (c} Continuing Care: Facilities shall provide 1.5 spaces per unit. {d) Bed and Breakfast Inns: Shall provide one per guest room and one for the managerjowner. {e} Hotels and Motels: Shall provide 0.7 of a space for each guest room plus 10 spaces per 1,000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. {f} Broadcast Facilities and Communication Facilities: Shall provide 4/1,000 sq.ft. of tee gross floor area. 16 ORD. NO. Q 1-09 (g} Bus Stations, Taxi Stations, and Train Stations: Shall provide 3/1,000 sq.ft. of teal .,,gross floor area (including storage areas}. (h) Child Care and Adult Day Care: Shall provide 1 J300 sq.ft. of 1 gross floor area. (i) Courts, Courthouses and Related Facilities: Shall provide 1 f 150 sq,ft,(net) of courtroom space plus 1/250 sq.ft. (gross) of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. (j} Funeral Homes: Shall provide 4/1,000 sq.ft. of l gross Floor area plus 0.3Jeach seat in the chapel, if any. (k) Marinas: Shall provide 5j1,000 sq.ft. of t r ss floor area of any building devoted to marina use plus 1 jslip. (8} Multiple Uses: (a) Shared Parking: ti~hen a building ar combination of buildings an a unified site is used for both residential and commercial purposes, and is located with the CBD, C;C, MRC-C or PC zoning district, the minimum total number of required parking spaces shall be determined by the fallowing method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. Shared Farkiag Calculaaone Table Use for multiple use projects which include residential in C$D, GC, MRdC and PC zoning districts Weekday Weekend Use Night Midnight to 6 A,M; Day 4 A.M. to 4 P.M. Evening b P.M. to Midas' ht Day 9 A.M. to 4 P.M. Evening 6 P.M. to Midni ht Residential 1{~7°to GO°fo 90"l0 $0°t 90°l0 Office 5°l0 700°fo 10°l0 70"l° 5°fo CommercialJRatail 5°I° 70°l0 90°to 100°to 70"l0 Hotel $0"I $0"l0 200"l0 $0"to 740°tr Restaurant 70°fo 50°l0 700°l0 50°fo 700°l0 F.'ntertainmentfRecreational theatres, bowfin alle s, etc 70°fo ~0"l0 1001 $0°!0 700°l0 Other 700% 700°l0 100°l0 100°l0 700"t" For mixed use developments utilizing the shared parking calculations table, which contain both residential and non-residential uses, a minimum of one (1) parking space 17 ORD. NO. O l -09 . shall be reserved for each residential unit. These reserved spaces, or any spaces reserved for other uses, must be included in the "other" category and applied as 100°l0 utilization. Furthermore, subsequent to the issuance of a Certificate of Occupancy {CO}, the reservation of additional parking spaces will require a site plan modification and be subject to the provision of the minimum parking requirements. (b} Differing Hours of Operation: When uses within a structure or a development have separate hours of operation (e.g. 9 a.m. to 5 p.m. and 6 p.m. to 10 p.in.} administrative relief may be granted to allow double counting of parking spaces. (c} Subordinate Uses: When parking spaces are provided based upon an intensive use of a site (e.g. church services} and, at different times, other uses are on the site (e.g. day care} administrative relief may be granted to the effect of not requiring parking for the subordinate uses. Section 10. That Appendix "A", "Definitions" 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: Gross Floor Area The total floor area contained within a building measured from the exterior surface of outer building walls. I`k~et Floor Area The total floor area of a building, measured from the finished interior wall surface of the outer building walls, excluding major vertical penetrations of the floor elevator and other mechanical shafts. stair wells},, mechanical ecluipment,_parking areas, common restroorns, common lobbies. and common hallways. Storage area is included in the net square feet calculation unless it is demonstrated that it cannot be converted to habitable space. Section 11. That should any section ar provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of'the remainder hereof as a whale ar part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective immediately upon its passage an second and final reading. PASSED AND ADOI'~l"ED in regular session on second and final reading an this the day of , 2009. 18 ORD. NO.01-~9 ATTEST City Clerk First Reading Second Reading MAYOR PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 8, 2008 AGENDA NO: IV.B. AGENDA ITEM: CONSIDERATION OF A CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULAI"IONS SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION {A), "SELF- SERVICE STORAGE FACILITIES {SSSF}" AND SUBSECTION {J), "GASOLINE STATION", TO REVISE AND10R CLARIFY PARKING REQUIREMENTS FOR THESE USES, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS {CBD) DISTRICT", SUBSECTION {G}, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.17, "RESIDENTIAL OFFICE {RO} 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 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL {MROCj DISTRICT", SUBSECTION {H}, "SUPPLEMENTAL DISTRICT REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN THESE ZONING DISTRICTS AND TO EXPAND THE AREA SUBJECT TO SPECIAL PARKING REQUIREMENTS WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION {C}, "NUMBER OF PARKING SPACES REQUIRED", TO MODIFY HOW FRACTIONS ARE ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES AND TO CLARIFY 'fHE PARKING REQUIREMENTS FOR OTHER USES; AND AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT NEW DEFINITIONS FOR "GROSS FLOOR AREA" AND "NET FLOOR AREA." ,_ ~. ~ . ~ ITEM~BEFORE THE BOARD ~~ ` -- The item before the Board is that of making a recommendation to the City Commission regarding Gity-initiated amendments to those Sections of the Land Development Regulations dealing with parking requirements. 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. ,r '~ . ~ -= BACKGROUtV_D I~ANALYSIS (fin October 10, 2008, the City received a mama from Francisco Perez-Azua, Architect and Vice-chair of the Chamber of Commerce Economic Development Committee. The mama outlines recommendations to incentivize office building development in Delray Beach. According I1l.B. Planning and Zoning Board Memorandum Staff Report, December 8, 2048 Amendment to t_DRs -Parking Page 2 to the Economic Development Committee, the City Heads a sizeable, quality workforce to complement the success of the existing retail and residential environment in the City, and there seems to be a demonstrated need for Class A and Class B office space, both currently nonexistent in Downtown Defray Beach. The graving popularity of green building initiatives, together with the increased usage of the public transportation system in the City {downtown roundabout shuttle service and Tri-rail), have put the City into a position to take advantage of the opportunity to meet this need. As stated in the memo, "The Chamber believes that r`n fhis difh`culf economy, we should explore all opportunities to create jobs and build our city's tax base." The recommendations presented in the memo build on the basic notion that a reduction in parking requirements far office development, and the allowance of various forms of automated parking systems will provide the necessary incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that, while some of the proposals would require more in depth analysis, others could be reviewed more quickly and adapted immediately. It is these proposals that are included in the Ordinance, now before the Board. This ordinance represents just the first phase of the process-the remaining proposals will be reviewed and brought forth at a later date. PROPOSED IrDR TEXT AMENDMENTS The measurement basis for the parking requirements for business and professional offices has been changed from gross to net floor area. The definition of "net floor area," which has been included with these text amendment is as follows: "The tafal floor area of a building, measured from the finished interior wall surface of the outer building walls, excluding major verfical penetrafr`ons of the Haar (elevator and other mechanical shafts, stair wells), mechanical equipment, parking areas, common resfrooms, Gammon lobbies, and common hallways. Storage area is included in the net square feet calcu/afion unless it is demonstrated that it cannot be converted to habitable space." This change in the basis for measurement results in a reduction in the overall parking requirement by eliminating the area calculations for public lobbies, public exit corridors, public stairs, public mechanicallelectrical rooms, public restroom facilities, public elevators, and public trash rooms from the parking requirement. It also promotes Class A office development by allowing larger public areas, such as atriums and lobbies to be provided without incurring the additional expense of providing parking far those areas. To implement this change, it was also necessary to provide a definition for "gross floor area", which is used to calculate the parking requirements far most of the other non-residential uses in the City. However, since the parking requirements for some uses, as currently written in the LDRs, were unclear as to the measurement basis, it was necessary to provide this clarification. This represents the bulk of the changes to Section 4.6.9{C}, "Dumber of Parking Spaces Required." To take advantage of the elimination of parking requirements for public spaces in smaller office buildings and additions, it was also necessary to modify the methodology for rounding fractional spaces. As currently provided in the code, "if the total number of parking spaces required results in a fraction, it shall be rounded up fo the next highest figure." For example, under the current regulations {based an gross floor area}, an office building addition of 1,000 square feet would require 4 spaces {4 spaces per 1,000 gross floor area}. With a change in the measurement basis to net floor area, an addition of this size with 20°ta of the total floor area devoted to public spaces, would not see a reduction in the total parking requirements. This is due to how fractions Planning and Zoning Board Memorandum Staff Report, December 8, 2008 Amendment to LDRs -Parking Page 3 are rounded. {800 x 4 spaces per 1,000 sq. ft. = 3.25 spaces, rounded to 4) The amendment changes how fractions are rounded as follows, "any fracfion less Phan one-half space shall be rounded down /o fhe nearesf whole number and any fracfion of one-half space or more shall be rounded up.,, Ouerall, it is anticipated that the above proposed changes will promote additional office development throughout the Gity. The immediate targets for this development should be the downtown, the Congress Avenue corridor, the Four Corners area and the Federal Highway corridor. The other major change proposed by this amendment is to expand the area in the GBD where the parking requirement is 1 space per 300 square feet for all uses, except restaurants, hotels and motels. The area has been expanded from NE 1s' Street to NE 2"~' Street on the north and from SE 1st Street to SE 2"d Street on the south. It is anticipated that this change will begin to encourage additional development beyond the Atlantic Avenue corridor. The decrease in the off- street parking that will be provided for new development in this area, as a result of this amendment, will be offset by usage of the downtown shuttle and the new Old School Square and Federspiel parking garages. Additionally, in recent years, there has been a substantial increase in the total number of on-street parking spaces throughout the downtown area. This amendment expands upon the approach of utilizing shared parking for uses in the downtown area. Please note that the amendment also contains a minor correction related to the parking requirements for gasoline stations, which were different in two sections of the I.DRs, {4.3.3{J) and 4.6.9{G){3). REQUIRED FINDINGS LDR Section 2.4.5 M 5 Findin s : Pursuant to LDR Section 2.4.5(M}(5} (Findings}, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Gomprehensive Plan were reviewed and the following applicable objective and policies were noted: Future Land Use Element Objective C-4 The Central Business District {GBD) represents the essence of what is Delray Beach i.e, a "village like, community by the sea". The continued revitalization of the GBD is essential to achieving the overall theme of the Guy's Gomprehensive Plan of "A Gity Set Apart In South Florida". The following policies and activities shah be pursued in the achievement of this objective. Policy C-4.1 The Central Business District {GBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion of inappropriate uses Planning and Zoning Board Memorandum Staff Report, December 8, 2008 Amendment to LDRs -Parking Page 4 ^ incentives for locating retail on the ground floor with office and residential use on upper floors ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes . 0 incentives for mixed use development and rehabilitations ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas Policy C-4.2 The "Downtown Delray Beach Master Plan'" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-~-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Pian addresses a wide range of issues including inftll development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketingJeconomic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Pian. The above objective and policies seek to continue the revitalization of the Central Business District, by providing development incentives and accommodating a range of uses. 'fhe Downtown Delray Beach Master Plan includes recommendations for the development of a shared parking program aimed at reducing the impact of large areas of parking on the urban fabric. The proposed text amendment is intended to provide an incentive for additional development within the downtown and other areas of the City. The reduction in the parking requirements far office uses will promote shared parking and use of public transportation. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, ©bjectives, and Policies of the Comprehensive. REVIEW BY OTHERS Gourtesv Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. A review of the amendment by the Parking Management Advisory Board {PMAB}, Community Redevelopment Agency (CRA}, Downtown Development Authority (DDA}, West Atlantic Redevelopment Coalition (WARC}, and Pineapple Grove Mainstreet {PGMS} will occur after the Planning and Zoning Board Meeting. The recommendations of those agencies wiH be provided to the City Commission prior to adoption of the amendment. Planning and Zoning Board Memorandum Staff Report, December 8, 2008 Amendment to LDRs -Parking ` Page 5 ASSESSMENT AND CONCLUSIION J The purpose of this text amendment is encourage office development throughout the City by reducing the costs associated with the provision of off-street parking. It will also promote additional development in the downtown area, in the second block north and south of Atlantic Avenue. Positive findings can be made with respect to LDR Section 2.4.5(M}{5}. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A), "Self-Service Storage Facilities (SSSF)" and Subsection {J), "'Gasoline Station", to revise andlor clarify parking requirements for these uses; Section 4.4.13, "Central Business {CBD) District", Section 4.4.17, "Residential Office (RO} District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD}", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC}", and Section 4.4.29, "Mixed Residential, Office and Commercial {MROC) district", to change the parking requirements for business and professional offices within these zoning districts and to expand the area subject to special parking requirements within the CBD zoning district; amending Section 4.G.9, "Off-Street Parking Regulations", to modify how fractions are rounded, to change the parking requirements for business and professional offices and to clarify the parking requirements for other uses; amending Appendix "A", "Definitions", to enact new definitions for "gross floor area" and "net floor area," by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in CDR Section 2.4.5(M}{5). Attachments • Chamber of Commerce Economic Development Committee Memo • Proposed Ordinance s.tplanning & zoningtboardslp&z boardlldr amendment parking for offices.doc ~` y~a ' ~ '~'' syy ' u ~ ' "" i ~"g -~`~- Memo ta; The Delray Beach City Commissioners From; Francisco Perez-Azua, Architect & Vice Chair, Chamber Economic Development Re: Downtown Incentives For Delray Beach (Jfiice Buildings Date: October 10, 2008 On behalf of the Greater Delray Beach Chamber of Commerce and our Econamic Development Committee, I am pleased to present some thoughts and recommendations to the City regarding programs to incentivize office building developments. The Chamber believes that in this difficult economy we should explore all opportunities to create jabs and build our city's tax base. We are bullish on positioning Delray Beach as a community that is "user friendly," that is, a great place to both do business and build business. We present these recommendations to the City with the full understanding that this is simply a starting place for discussion and we look forward to that. Before addressing the specific topic of potential parking incentives, we need to put the downtown Delray Beach office market into perspective. Both the Downtown Delray Beach Master Plan and the city's Comprehensive Plan highlight the need for additional office space in the Downtown district, This need is simple to understand. In order to complement the success of the retail and existing residential environment, we need a sizeable, quality workforce. Examples of the types of target business clusters we should be trying to attract are financial, technology, bioscience and medicine. There is an abundance of developable land. Though much of the ]and holds entitlements for multi-family residential construction, the reality is that, given the current state of the residential real estate market, most of these projects will not be constructed over the next decade. It does not take a" leap of faith" to suggest that the timing is propitious to develop the necessary infrastructure upon which to build our business identity. Delray Beach does not suffer from a bad business image. Rather, The City has no business image and, the timing is ideal to devote attention to the creation of the image we want to portray in attracting new and expanding business operations. Our present downtown office business base consists primarily of relatively small professional and financial services enterprises. There seems to be a demonstrated need for Class A and Class B office space, both currently nonexistent in Downtown Delray Beach. Downtown Delray Beach is not headquarters for any firm of substantial size. That is not meant as a criticism and may indeed represent an opportunity to attract a cadre of entrepreneurs. With that foundation now laid, let us exemplify a situation presenting advantage to economic development efforts in Delray Beach-public transportation and Green building public policies. The City has created and implemented a popular Downtown Roundabout Shuttle Bus Service, This service is quickly becoming a vital element to our transportation corridors, carrying a broad cross-section of our City's permanent and transient populations, i,e,, daily visitors, tourists, workers, students and residents, Couple the growth in demand of this service with the remarkable increase in Tri-hail ridership and we witness a viable alternative to the automobile for the South Florida workforce, High gasoline prices and increased employer use of the Tri-Rail discount program have been cited repeatedly as causes for this shift in commuter behavior. We strongly believe that these habits wi11 continue to grow in the foreseeable future! Further encouraging public transportation usage are the Green Building policies now commonplace {and soon becoming essential). These policies strongly encourage the use of public transportation in order to reduce environmental and land development impacts from automobile uses. For example, LEED Alternative Transportation strategies from the U.S. Green Buil.drng Council include credits for buildings sited within close proximity to commuter rail stations/bus stops and for office buildings providing bicycle racks far at least five per cent of building users along with showers and changing facilities within the building. Further credits toward LEED Certification are given for office buildings that provide parking requirements below minimum code requirements.ln other words, by providing development options that encourage public transportation, Delray Beach is placing itself in the enviable position of being in the forefront of green building and transit-oriented developments. Recommendations 1. Create the following incentives to promote office building developments: a. General Parking Incentives for all zoning districts: i. For office buildings, area calculations for public lobbies, public exit corridors, public stairs, common mechanical/electrical roams, public restroom facilities, public elevators, and public trash rooms shall not count towards parking ' calculation requirements, ii. Allow various forms of Automated Parking Systems: 1. Within enclosed parking garages so they are not visible from the public right of way. 2. As parking spaces not for the general public. b, Create a "Downtown Office Care" district along Atlantic Avenue: i. Definition: Downtown Office Core shall be that portion of the CBD bounded by I-95 to the west and Swinton Avenue to the east; and far that portion of the CBD located east of Swinton Avenue it shall be that portion of the CBD bounded by Swinton Avenue to the west, NE. 2°a street to the north, S.E. 2"~ street to the south, and NE. and S.E. 6`h Avenue to the east; and, far that portion of the CBD located east of N.E. ~cn Avenue it shall be that portion of the CBD bounded by N.E. ~m Avenue to the west, N.E. lst street to the north, Atlantic Avenue to the south, and the Intracoastal waterway to the east. 2 ii. The parking requirements for Office Use with in the Downtown Office Care sha11 be either of the fallowing two options: 1. One parking space per each 300 S.F. of office space or fraction thereof; or 2. Far office buildings, one parking space per each 500 square feet ar fractian thereaf with the fallowing conditions: a. The office building development shall pay an impact fee {ar in- lieu fee) tawards bath, the maintenance and operation of public transportation to and fram the tri-rail station (such as the Dawntawn Roundabout Shuttle Bus Service), and tawards the construction, maintenance, and aperatian of parking garages. b. Employers within the office building shall implement a "Parking Policy Plan" as Defined by the Land Development Regulations. iii. Upper-story conversions fram Residential-Use to Office-Use fronting Atlantic Avenue shall be exempt of adding parking spaces, iv. Additions to Retail establishments fronting Atlantic Avenue shall not be required to provide additional parking requirements. .c. Create a "Federal Highway Office Care" district Requirements: i, Definition: The Federal Hi~hway_Office Core shall be that portion of the CBD bounded by St Avenue to the West, bt Avenue to the East, George Bush Blvd. to the North and N.E, 2n~ street to the south for the north section, and S.E. 2"d street to the north and S.E. 1 flth Street to the South for the south section. ii. The parking requirements for Office Use within the Federal 1'Iighway Office Core shall be one parking space per each 300 S.F. of office space ar fraction thereof. 2. The City should retain the services of a specialty consultant to analyze the City's current parking demand and project future demand, and create a "Parking Policy" for Delray Beach. A Parking Policy may include the fallowing: a. Evaluation of existing Parking. b. Parking Spaces required in urban core, vs. suburban areas vs. beach district c. In-lieu Fees d, Calculation of the increased potential square footage of buildings allowable by the recommended changes to the parking requirements, including projections of increased traffic counts and increased property tax revenues to the city. e. Shared Parking f. Parking Pricing g. Parking Decals andlor Parking Permits i. for Downtown residents ii. for City wide residents iii. for City staff h. Parking Garages i. Management ii. IncomeiExpenses analysis iii. Future growth -determine needs for the future, including potential locations to retain the parking in areas where it is needed. iv. Long term Maintenance Plans v. Safety and Security vi. Walkability Improvements to destinations vii. Parking fees i. Long-term Planning for Parking Supply increase j. Parking Rules i. Rules for Downtown Employees k. Parking User Information 1. Public Transportation i. Downtown Roundabout Shuttle Bus Service 1. Ridership study 2. Cost analysis 3. Alternate funding recommendations 4. Routes ii. Palm-Tran routes iii. Bus stop analysis: Location, Design. iv. Bus stop requirements for new projects m. Clean Air Act n. Ridesharing o. Recommended structure of a city Parking Management Department and revised structure/role of the Parking Management Advisory Board APENDIX A: Employer Parking Policy Plan 1. An "Employer Parking Policy Plan" should be approved by the Parking Management Board. 2. Employer Parking Policy Plans should include the following: Parking Policy Considerations Ridesharing Programs Membership to Tri-Rail employer discount program Parking Permits Parking Rules Employer's Premises Parking and Mass Transit Fringe Benefit Taxation Parking Facilities and the ADA Clean Air Act Vehicle Searches Safety and Security 3, Updates and modifications to Employer Parking Policy Plans must be approved by the Parking Management Board, 4. Employer Parking Policy Plans should be updated, at a minimum, once every five years. 4 APENDIX B: City A~?proved Automated Parkin~S stems The LDR's should not restrict Automated parking systems to Single-Level Mechanical Parking Lifts as per LDR 4.6,(D}(11}, Alternative Automated Parking Systems such as Klaus Auto- Parker and Klaus Automatic Parker Systems should be allowed. The following are a few examples of other automated parking systems: RioCtl4n: _' i ` ~ it1 ~rcd~r #o pq~ aW,t ve~sibl+~ ~tc~, 4 tdtg IGVt9~ VehiGlB~b tit9 8hi~f6rd tta ~ihe ~bft i ~ ~ ~ ~ ~.~. Thy pN Spt1C~ I~ FtOw balc~+t `~bhl~l~ tom. 4 Tttq platlt~€~ ~Qra b~9 Itaa~~rBC. !3` ~~'e The v~hlble C[tt~ b6 pt~tlSed. lrkif-g 8{~G~~B 4tf tt~9 tlpptCh I6'uEd qe~ CCC+~s81b19 wltt~au~ 6t1lfflt~~ ih~ pl4~t+rxrn~, T4 p~it& p~uit ve1slCA+a Mo.2 ~u~t 1lFf ~,5[Ct(+91`tY4 X90, 4 CtYt~ CTStfV~ ptKit~tfr4 P1C, S to trie right. Automatic Parker 0 ~. ~~ 0 ,~ a> a} u G~1 cp Z r m m }, QwQ C~ Uv m ~': ~' Q tV CITY OF'DfLRAY BEACH NOTOC~ OF PROPPED A~END~ENT TO THE SAND DEVELOPMENT -REGULATIONS AMENDING- `THE NIJ~IBER C}F PARKING SPACES R~EQUIR~D FOR . BUSINESS AND PROFESSIONAL OFFICES; TO EXPAND THE-AREA SUBJECT TGl SPECIAL PARKING REQUIREMENTS WITHIN THE CBD BONING DISTRICT AND TO CLARIFY THE PARKING xREQIJIREMENTS FAR OTHER USES. The Ctty ~AmritiLSK?n 41 +, ~ ~ ~ r . =~>` PAC - a - ?osPS b d7plTLa t v r~~ w:iu~,ancY e~!,~~Nnv~e NO. ot~o~ ~~ ~ GTYGFDECRAYF~~C?' ~. ~~ :GhRdelled:Nut~~.C!.~C. .. pr~E3Ua?t 6`onday Dece:"~ber 29 N08 ~ ~ _ Tuesday, ~a;a~'; 1?.2±1G9 - - - Lxa Rah a .r 9each ?..,rye d .f?CJf,•NCL u= Ttsi: r!L' C ~r..ft:~ Sluid r? J><6CiTY=OFDELRAY BE,^~~H, FLORIU:., : r/r Nnc HZ . u:,[) t£LUr-:~rNT ecGl!L4TlONS DF 7HE CObE :;P oRUI##ANCES E3v ' d1E5C:,va 9`-CTION 33 'SFcaat. REQUtREl1"ENT9 FOft,SPECIFIC USES', SUB5GCTIDN (~~. 'GEl'-_;ERYICE~SiCJRf~GEF JTIfiSjSS$Fj°'ANq,SUBSECT,10?J I~Ij, :CiASOLIP:E S ;,; I:JN" T'0 REUiSE.~hNDtOR ,CLrr'Ir t''PARKING REEIUIREMENTS ~~~ON 'HESE ~US_=S_ AhiE~JiJING'SECTION 4.d.i3,-"OENTRA~~$USINE55 (C80j.q{S7RICT" SDySEGTION,{G;,. "SUPPLEMENTAL D15TRICi SEGULATIONS", ;SECTION4.4a7, 'R,ESIDENn Lv'~F7GE (R;`! DISTRICT",.SUBSECTIDN (Gj, "SUPPLEMENTAL DISTR:CT.REGULATIONS" ~` ~TION 4 - 2-1, "OLq: SCHOOL SDUARE' HISTORIC ART5 DISTRICT (OSSHAgj', SJ _Ci GIJ (C--',. "SUPpLEMENTAL~~~DISTRiCT~ REGULATIONS".;? SECTION-"d428 ;#:Tt:..l 3LSi~:=SG gISTRIGi:RAILR0A0.CDRRIDDR {CBgsiC}','SUBSECTI~N'(G}, `SUPPLE€rF 'r,_ !) ~"R%T REGULAl1pN5', AND'SECTION 4A <9,.'hAIXED-RE$IDENT#AC,'OFF:GE kNv CF;'>I~~s:KC' .L (MROCJ~ DISTRICT'",~~:SUBSECTIOPd ~(HJ,~~_'SUPPLE#dENTAL--03STRICT (iEGJ ~-1J.iS", TO CHANGE THE PARKING REQUIREh1EF#TS FOR BUSINESS A.ND PROFESStOh~%_ C~."!~ES ' WITHIN TW,ESE ZONING DISTRICTS>jNO,TO°EXPAND:THEAREArS+JB.i?CT'0 S?GA~ PARKING REQUIREMENTS NrITHIN THE GAO ZONING dtSTRICT; A9dENdiA C"'':", " 9 y °GFF«STREET.FARKING P.EGULATfONS` SUBSECTION {C},>'?#U(~4BER OF PxNFi REt'2U7FtED', TO hkt?DIFY HOVJ FRACTIONS ARE POUNDED, T4 .CHANGE ~ ti PAr. ~.;. REDUIREC4IENTS FOR BUSiN~SS AND PRQFESSiONAL-OFFICES ANd iC ': ARIFY "~! FAkK1NG.REDUIRE~,IENTS FOR OTHER USES; AhiENdING APPEND17t `A°; "dEFINITEONS', TO EN CT NE'A+ DEFINiT3OtV5 POR'GROSS FLCL9R AREA" AND'NET FLQOR AREA"> PRDV3v~'.=~ A '',:`i`idG_r,USE,AOENEftAL?~-:~c.~=-t.''CtRUSE-NNUCa'~`EFFECTIVc'd~iTE.: d,,z. ,. z~ ~~ c r~ ..ogs.(or U+e.~vr;mse'o3 ac~~'~~ro9 'r°y'~4 _ ,,.e Pia nrs€'Pu51icHeadng wU! bataki on F17 ESgAY, .IA ; .. ~ P'~s, ~~"~ n Ission Chambe[s.a3 Gity HaU, iC~ N W '<r :,:c ua ,. ,rte c; .:race is passed:on'6si reading; a seo °u: hr. -c;rng -~ry.~A1'LUAP,~< z~~..nn_TJ'n9..P,,~-Nratar;ycbnUnu~7 ~ ,.5-wcnm~":aim , ~ ;t+~ (. w~iro,~Chambers~at~City~Hall, 10!'- a'r:' ~~fstAve-~ue. C xaa .~,__ ; t~ zer5s'= e "~~.;ted~ta.a" 1d 6he:pubEie hearirigs~and ebmment upon the propose! r ~r ,_:, ~ hr 'u5r..r :c„i ~n#s in w ,n~ on or' be`cre Ute'date of these h'e2rings4p Ihg Plariirng a J -,n~. p„nmc~wl.rarlurfho~~«(rrr' i niirtaobta~'<aeopV~'otthepropbsedordinance,please ~ her Irp Plarning and Zgning Dapa~ rr Cu,y f{aU, 1RQ N N:: 1st AvE++ue; Delray,8eacn, piq,ga" s:an ;om:r' ei pzinaU~rdydelrayt+eaca.crm) wby coiling 661123 7040}, beh•,eeO,Ute hours of 8 p6 sir r,d',01p.rn„AfondaylFroughfridafezdudingholidays,-. ~i ~cl--~ h~; advised ihal,if a person, derides to appeal,any decision made b¢ the Gily'.Commissiar "dlh :I:c:.F in .n,y nlatlef considered at Ihese hearings, such ~per~ri may need to erisuse Drat a verYa',r~ record fnGudes the lsstiroany amd e'+idenca upon ;~hr~..h the appeal is to be based. The City dae3'nut pmvids rwr prepare such rec~;d pursuant to F.S'2s6.S106. ~,