Ord 13-11ORDINANCE NO. 13-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS"; SECTION 4.6.9(E)(3), "IN-LIEU FEE",
BY REPEALING THE "IN-LIEU FEE DISTRICTS" MAP
ATTACHED AT SUBSECTION 4.6.9(E)(3)(b) AND ENACTING A
NEW "IN LIEU FEE DISTRICTS" MAP IN ORDER TO EXPAND
THE PINEAPPLE GROVE MAIN STREET 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 March 21, 2011 and voted 6 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 Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with 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 Article 4.6, "Supplemental District Regulations", Section 4.6.3, "In-Lieu
Fee", subsection 4.6.9(E)(3)(b) of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida shall be amended by repealing the "In-Lieu Fee Districts" map and
enacting a new "In-Lieu Fee Districts" map as follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public right-of--way, or parking located in
public parking facilities shall not be used to satisfy on-site parking requirements, except as provided
for herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant
to the requirements of Section 4.6.9(E)(3)(e) and Secrion 4.6.9(E)(4)(d), the construction of additional
on-street public parking may reduce the number of in-lieu and public parking fee spaces required.
(2) Required off-street parking shall be provided on the same lot, or parcel, as the
building and uses for which it is required, except as provided for within this Subsection (E). When the
provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of--way
exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or
parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to
serve, provided that:
(a) The adjacent right-of--way has not been previously utilized for parking or, in
cases where the adjacent right-of--way has been used for parking only those
spaces in addition to the number of existing spaces shall be counted;
(b) Such parking spaces are clearly marked on the site plan and designed in
accordance with appropriate City, County or State standards, as applicable;
and,
(c) Such parking spaces shall be publicly accessible and cannot be reserved or
restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved
by the City Commission for special events or valet parking.
One parking space credit shall be given for each additional full space constructed abutting a lot or
parcel. No part of an on-street parking space shall extend past a side property line of the lot it serves.
On-street parking located on the opposite side of the right-of--way, and within the property lines, as
extended to the opposite side of the right-of--way, may be counted toward fulfilling the off-street
parking requirement when the adjacent lot is a railroad or waterway, and it does not warrant parking.
In the event the City, County or State removes the parking spaces at any time for a public purpose,
the property shall be considered lawfully nonconforming with respect to parking.
(3) In-Lieu Fee: When a requirement for additional parking results from in-fill
development, which has been vacant for five (5) years or longer, from a change in use, or adding floor
space to an existing building; the City Commission may approve the payment of a fee in-lieu of
providing such required parking. Before granting such approval, the City Commission must find that
it is impossible or inappropriate to provide the required number of on-site or off-street parking
spaces and that, in the case of building additions, no existing parking spaces will be eliminated.
2 ORD. NO. 13-1 1
Payment of a fee in-lieu of providing required parking is not permitted for new development.
Furthermore, the in-lieu fee option will not be available in the event of a change in use or addition of
floor space if either occurs within two years of the granting of the Certificate of Occupancy (C.O.) for
a new development. The fee in-lieu option will be available two years after the date of the granting of
the C.O.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD
Zoning Districts, in compliance with the Supplemental District
Regulations provisions therein.
(b) Arrangements for payment shall be approved by the City Commission at
the time of the approval of the in-lieu fee. The fee amount shall be based
upon the location of the property for which in-lieu fees are being sought.
Area descriptions and corresponding fee amounts are hereby established
as follows: (See corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are
zoned CBD - $18,200 per space.
(2) Area 2: Parcels located west of the Intracoastal Waterway which are
zoned CBD or CBD-RC and which are not included within the
Pineapple Grove Main Street area, West Atlantic Neighborhood or
Block 69 located in the Old School Square Historic Arts District
(OSSHAD) - $15,600 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for
Block 69 as noted in Area 2; and parcels located within the Pineapple
Grove Main Street area which are zoned CBD or CBD-RC - $7,800
per space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which
are zoned CBD - $4,000 per space.
3 ORD. NO. 13-11
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ORD. NO. 13-1 1
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties,
payment of the in-lieu fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full at time
of permit, must enter into an In-Lieu of Parking Fee Agreement with the
City. Such agreement shall be recorded with the Public Records Office of
Palm Beach County, Florida. The obligations imposed by such an In-Lieu
of Parking Fee Agreement constitute a restrictive covenant upon a
property, and shall bind successors, heirs and assigns. The restrictive
covenant shall be released upon full payment of the in-lieu parking fees
including attorneys' fees and costs. In-Lieu of Parking Fee Agreements
shall only be made between the City and the Owner(s) of the subject
property. If an In-Lieu of Parking Fee Agreement is entered into,
installment payments shall be made over athree-year time period in three
installments. The first installment shall be 50% of the total fee and is to be
paid upon signing the agreement. The second installment shall be 25% of
the total fee and is due on the second anniversary date of the signing of the
agreement. The third and final payment of 25% of the total fee is due on
the third anniversary date of the signing of the agreement. There shall be
no interest due under this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of--way exists adjacent
to a proposed project for which an in-lieu parking fee has been approved,
the applicant must construct additional on-street parking, not to exceed
the total amount of spaces subject to in-lieu fees unless authorized by the
City Commission. The applicant will be credited up to one-half of a
parking space for each full parking space constructed within public right-
of-way. (For example, the applicant requests to pay the in-lieu fee on 4
spaces; the applicant constructs 4 spaces in the right-of-way; the applicant
must only pay the in-lieu fee for 2 spaces). Crediting of spaces
constructed in the right-of--way resulting in a fraction shall be rounded
down. Credit may not be taken for those parking spaces constructed in
the public right-of--way which are required to meet the performance
standards for. new developments.
(f) Requests to allow in-lieu fee payments that are not associated with a site
plan or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set forth in the Land
5 ORD. NO. 13-1 1
Development Regulations at the tune payment is made for spaces required
to accommodate the associated site plan or site plan modification.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading. ~1~
P 1SSED AND ADOPTED in regular session on secon nd final reading o this the °`~
day of `' , 2011.
So/L
A"ITEST M A
C_J.
City Clerk
First Readin ~ ~ ~ ~
Second Readin o~J~`
6 ORD. NO. 13-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: April 7, 2011
SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF APRIL 21, 2011
ORDINANCE NO. 13-11
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to consider a city-initiated amendment
to Land Development Regulations (LDR) Section 4.6.9(E)(3), "In-Lieu Fee", modifying the in-lieu fee
assessed within the Pineapple Grove Main Street (expansion) Area.
BACKGROUND
At the first reading on April 5, 2011, the Commission passed Ordinance No. 13-11.
RECOMMENDATION
Recommend approval of Ordinance No. 13-11 on second and final reading.
http://itwebapp/AgendaIntranet/B luesheet. aspx?ItemID=43 86&l
ORDINANCE N0.13-11
AN ORDINANCE OF THE QTY COMM[SSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY
BEACH, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS"; SECTION 4.6.9(E)(3), "IN-LIEU FEE",
BY REPEALING THE "IN-LIEU FEE DISTRICTS" MAP
ATTACHED AT SUBSECTION 4.6.9(E)(3)(b) AND ENACTING A
NEW "IN LIEU FEE DISTRICTS" MAP IN ORDER TO EXPAND
THE PINEAPPLE GROVE MAIN STREET AREA; PROVIDING A
SAVING CLAUSE, A G E NE RAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed th,e
proposed text amendment at a public hearing held on March 21, 2011 and voted 6 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 finding; in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.6, "Supplemental District Regulations", Section 4.6.3, "In-Lieu
Fee", subsection 4.6.9(E)(3)(b) of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida shall be arnerrded by repealing the "In-Lieu Fee Districts" map and
enacting a new "In Lieu Fee Districts" map as follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public right-of-way, or parking located in
public parking facilities shall not be used to satisfy on site parking regtrirements, except as provided
for herein The temtis "on site parking" and "off-street parking" are synonyrrous. However, pursuant
to the regirirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional
on-street public parking may reduce the number of in lieu and public parking fee spaces required.
(2) Required off-street parking shall be provided on the sarre lot, or parcel, as the
building and uses for which it is regLrirecl, except as provided for within this Subsection (E). When the
provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of-way
exists, constniction of additional on street parking spaces directly and wholly abutting the lot, or
parcel, maybe counted towards the off-street parking requirement of the lot or parcel it is intended to
serve, provided that:
(a) The adjacent right-of-way has not been previously utilized for parking or, in
cases where the adjacent right-of-way has been used for parking only those
spaces in addition to the number of existing spaces shall be counted;
(b) Such parking spaces are clearly marked on the site plan and designed in
accordance with appropriate City, County or State standards, as applicable;
and,
(c) Such parking spaces shall be publicly accessible and cannot be reserved or
restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved
by the City Commission for special events or valet parking.
One parking space credit shall be given for each additional full space constructed abutting a lot or
parcel No part of an on street parking space shall extend past a side properly line of the lot it serves.
On street parking located on the opposite side of the right-of-way, and within the property lines, as
extended to the opposite side of the right-of-way, may be counted toward fulfilling the off-street
parking requiremnt when the adjacent lot is a railroad or waterway, and it does not warrant parkir~
In the event the City, County or State removes the parking spaces at any time for a public purpose,
the property shall be considered lawfully nonconfom~ing with respect to parking.
(3) In Lieu Fee: When a requirement for additional parking results from in fill
development, which has been vacant for five (5) years or longer, from a change in use, or adding floor
space to an existing building the City Commission may approve the payment of a fee in-lieu of
providing such required parking. Before granting such approval, the City Commission must find that
it is impossible or inappropriate to provide the required number of on site or off-street parking
spaces and that, in the case of building additions, no existing parking spaces will be eliminated
ORU. NO. 13-11
Payment of a fee in lieu of providing required parking is not permitted for new development.
Furthermore, the in lieu fee option will not be available in the event of a change in use or addition of
floor space if either occlus within taw years of the granting of the Certificate of Occupancy (C.O.) for
anew development. The fee in lieu option will be available taw years after the date of the granting of
the C.O.
Payment of a fee in lieu of required parking shall be pursuant to the following provisions.
(a) The in lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD
Zoning Districts, in compliance with the Supplemental District
Regulations provisions therein
(b) Arrangements for payment shall be approved by the City Cornrrmission at
the firm of the approval of the in lieu fee. The fee amount shall be based
upon the location of the property for which in lieu fees are being sought.
Area descriptions and corresponding fee amounts are hereby established
as follows: (See ~?~.~-fifer corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are
zoned CBD - $18,200 per space.
(2) Area 2: Parcels located west of the Intracoastal Waterway which are
zoned CBD or CBD-RC and which are not included within the
Pineapple Grove Main Street area, West Atlantic Neighborhood or
Block 69 located in the Old School Square Historic Arts District
(OSSHAD) - $15,600 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for
Block 69 as noted in Area 2; and parcels located within the Pineapple
Grove Main Street area which are zoned CBD or CBD-RC - $7,800
per space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which
are zoned CBD -$4,000 per space.
ORD. NO. 13-11
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ORD. NO. 13-11
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties,
payrrent of the in-lieu fee is due upon issuance of a building permit.
The in lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in lieu fee which is not paid in full at time
of permit, must enter into an In Lieu of Parking Fee Agreement with the
City. Such agreerr~ent shall be recorded with the Public Records Office of
Palm Beach County, Florida The obligations imposed by such an In-Lieu
of Parking Fee Agreement constitute a restrictive covenant upon a
property, and shall bind successors, heirs and assigns. The restrictive
covenant shall be released upon full payment of the in-lieu parking fees
including attorneys' fees and costs. In-Lieu of Parking Fee Agreements
shall only be made between the City and the Owner(s) of the subject
property. If an In Lieu of Parking Fee Agreement is entered into,
installment payments shall be made over athree-year time period in three
installments. The first installment shall be 50% of the total fee and is to be
paid upon signing the alt. The second installment shall be 25% of
the total fee and is due on the second anniversary date of the signing of the
agreerrient. The third and final payment of 25% of the total fee is due on
the third anniversary date of the signing of the agreexr~ent. There shall be
no interest due under this payment schedule.
(e) In addition to in lieu fees due, where adequate right-of-way exists adjacent
to a proposed project for which an in lieu parking fee has been approved,
the applicant must construct additional on street parking, not to exceed
the total amount of spaces subject to in lieu fees unless authorized by the
City Commission The applicant will be credited up to one-half of a
parking space for each full parking space constricted within public right-
of-way. (For example, the applicant requests to pay the in lieu fee on 4
spaces; the applicant constructs 4 spaces in the right-of-way, the applicant
must only pay the in lieu fee for 2 spaces). Crediting of spaces
constructed in the right-of-way resulting in a fraction shall be rounded
down. Credit may not be taken for those parking spaces constructed in
the public right-of-way which are required to meet the performance
standards for. new developments.
(f) Requests to allow in lieu fee payments that are not associated with a site
plan or a site plan modification shall expire twa years after such request is
approved The fee charged shall be the fee that is set forth in the Land
ORD. NO. 13-11
Development Regulations at the time payment is made for spaces required
to accorrurodate the associated site plan or site plan rrodification
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent j urisdiction to be invalid, such
decision shall not affect the validity of the rernairuier hereof as a whole or part thereof other than the
part declared to be invalid
Section 4. That all ordinaiues or parts of ordinances in conflict herewith be, and the same
are hereby repealed
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSE D AND ADOPTED in regular session on second and final reading on this the
day of , 2011.
ATTEST MAYOR
City Clerk
First Reading
Second Reding
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: March 29, 2011
SUBJECT: .AGENDA ITEM 12 A -REGULAR COMMISSION MEETING OF APRIL 5, 2011
ORDINANCE NO. 13-11
Page 1 of 2
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs), Section
4.6.9(E)(3)(b), modifying the in-lieu fee assessed within the Pineapple Grove Main Street (expansion)
Area.
BACKGROUND
The in-lieu fee is allowed within the Central Business District (CBD), Central Business District-
Railroad Corridor (CBD-RC), and Old School Square Historic Arts District (OSSHAD) Zoning
Districts and affords property owners the ability to develop or re-develop their properties even if it was
impossible or in appropriate to provide the required number of on-site or off-site parking spaces. LDR
Section 4.6.9(E)(3)(b), identifies four in-lieu fee districts (geographic areas) where varying in-lieu
parking fees can be paid in lieu of providing physical spaces.
On June 15, 2010, the City Commission approved a request from the Pineapple Grove Main Street
Board of Directors to modify the Pineapple Grove Main Street Neighborhood Plan Area to include the
neighborhood east of the FEC Railroad as depicted on the attached map Exhibit-1. With expansion of
the Plan area, the overall Pineapple Grove Main Street Neighborhood Plan Area is now located within
two in-lieu fee districts i.e. Area #3 (the original Plan Area) and Area #2 (expanded Plan Area). An in-
lieu fee of $15,600 is assessed for each parking space located within Area #2 while $7,800 is assessed
for Area #3.
The lower in-lieu fees created for the original Pineapple Grove Main Street Area were instituted to
provide additional incentives necessary to encourage redevelopment. Accordingly, as a part of the
Pineapple Grove Main Street designation, the expanded Neighborhood Plan Area could be afforded the
same incentives.
The proposed ordinance changes the In-Lieu Fee District Map to include the expanded Pineapple Grove
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4349&MeetingID=313 4/7/2011
Coversheet
Page 2 of 2
Main Street Neighborhood Plan Area in "Area #3" and changes the page reference of the in-lieu fee
map. Additional background is provided in the attached Planning and Zoning Board staff report.
REVIEW BY OTHERS
The Planning and Zoning B~ voted 6 to 0 recommending approval at their March 21, 2011 meeting.
The Downtown Development Authority reviewed the proposed LDR amendment at their meeting of
March 14, 2011 and unanimously recommended approval.
The Community Redevelopment Agency reviewed the proposed LDR amendment at their meeting of
March 10, 2011 and recommended approval of the proposed text change.
The Parking Management Advisory Board reviewed the proposed LDR amendment at their meeting of
March 22, 2011 and unanimously recommended approval.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 13-11 amending Land Development Regulations,
Section 4.6.9(E)(3)(b), In-Lieu Fee, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachments:
- Ordinance No. 13-11
- Planning and Zoning Board Staff Report
- Location Map of Pineapple Grove Main Street Neighborhood Area (Exhibit-1).
http: //itwebapp/AgendaIntranet/B luesheet. aspx?Iten
= PLANNING AND ZONING BOARD - - --
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STAFF RE
MEETING DATE: MARCH 21, 2011
AGENDA N0: V. A.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.6.9(E)(3)(b) "IN-LIEU FEE" AS IT PERTAINS TO THE PINEAPPLE
GROVE MAIN STREET (EXPANDED) AREA .
'~~~ ~ ~ ~ s r ~~~° _ -~.~~Nf D~F~-R~ l"HF BOARD . -
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to the Land Development Regulations (LDRs) that modifies the in-lieu
fee assessed for each parking space within the Pineapple Grove Main Street (Expanded} Area.
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.
The in-lieu fee is authorized only in the Central Business District (CBD), Central Business
District-Railroad Corridor (CBD-RC), and Old School Square Historic Arts District (OSSHAD)
Zoning Districts. The in-lieu fee affords property owners the ability to develop or re-develop their
properties even if it was impossible or in appropriate to provide the required number of on-site
or off-site parking spaces. The creation of the in-lieu fee program, allowed parking to be
accommodated through the payment of an in-lieu fee.
On February 2, 1999, the City Commission adopted Ordinance 4-99, which modified the in-lieu
fee assessed for properties within the CBD to a varying fee schedule based upon the location of
the property. The Ordinance established four (4) geographic areas, CBD East (Area #1), CBD
West (Area #2), Pineapple Grove Mainstreet/OSSHAD (Area #3), and West Atlantic Avenue
Redevelopment (Area #4).
On January 7, 2003, the City Commission adopted Ordinance 53-02 replacing Ordinance 4-99
which contained a sunset provision. With both Ordinance 4-99 and Ordinance 53-02, an in-lieu
fee of $6,000 was established for the Pineapple Grove Main Street Area (Area #3).
On August 15, 2006, the Commission adopted Ordinance 42-06 which increased the in-lieu fees
charged for each parking space within the Pineapple Grove Main Street Area from $6,000.00 to
$7,800.00.
With the success of the Pineapple Grove Main Street Area as a destination point, the owners of
properties immediately abutting the Pineapple Grove Area, requested to be included within the
designated Main Street Area. On June 15, 2010, the City Commission approved the request
from the Pineapple Grove Main Street Board of Directors to modify the Pineapple Grove Main
Planning and Zoning Board Meeting, March 21, 2011
LDR Amendment Section 4.6.9(E}(3) "In-Lieu Fee"
Street Neighborhood Plan Area to include the neighborhood east of the FEC Railroad as
depicted below (see shaded area of map).
um+ooer
In so doing, the newly created boundaries of the overall Pineapple Grove Main Street
Neighborhood Plan Area now encompassed two in-lieu fee districts i.e. Area #3 (the original
Plan Area) and Area #2 (expanded Plan Area) which have varying in-lieu fees. An in-lieu fee of
$15, 600 is assessed for each parking space located within Area #2 while an in-lieu fee of
$7,800 is assessed for Area #3.
The lower in-lieu fees created for the original Pineapple Grove Main Street Area were instituted
to provide additional incentives necessary to encourage redevelopment. Accordingly, as a part
of the Pineapple Grove Main Street designation, the expanded Neighborhood Plan Area should
be afforded the same incentives.
The proposed ordinance changes the In-Lieu Fee District Map to include the expanded
Pineapple Grove Main Street Neighborhood Plan Area in "Area #3" and changes the page
reference of the map.
_ ____ -REQUIRED FINDINGS, _ _
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and/or Policies of the
Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted. While the in-lieu of Parking Fee Program is not specifically mentioned, the following
were identified as relevant to this amendment:
2
Planning and Zoning Board Meeting, March 21, 2011
LOR Amendment Section 4.6.9(E)(3) "In-Lieu Fee"
Policv C-3.4 The City supports the efforts to revitalize the Pineapple Grove Main Street area,
and the use of the Main Street approach: organization, promotion, design, and economic
restructuring. Opportunities to promote the area as an Arts District shall be emphasized.
Policv A-5.3 The City shall continue to enforce its existing off-street parking regulations.
The above policies support the proposed amendment as it will increase the incentives for
development and redevelopment within the expanded Pineapple Grove Main Street area.
,,~ ~. ~:: ,"~--z` Y-~~, ~L :=REVIEVI(`B1t;OTHERS,
The Downtown Development Authority reviewed the proposed LDR amendment at its meeting
of March 14, 2011 and unanimously recommended approval.
The Community Redevelopment Agency reviewed the proposed LDR amendment at its meeting
of March 10, 2011 and recommended approval of the proposed text change.
The Parking Management Advisory will review the proposed LDR amendment at its meeting of
March 22, 2011. Recommendations of the Board will be forwarded directly to the City
Commission.
Courtesy notices were provided to the following civic associations:
^ Neighborhood Advisory Council
^ Delray Citizen's Coalition
^ Chamber of Commerce
Letters of objection or support, if any, will be presented at the meeting.
= ~ -~ ~ ~;-- ~ -`~' ALTERNATIVE AC71:pNS := - ;~
r ~ x K -
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A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.6.9.(E)(3)(b), In-Lieu Fee, by adopting the findings of
fact and law contained in the staff report, and finding that the text amendment and approval
thereof is consistent with the Comprehensive Pfan and meets the criteria set forth in LDR
Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.6.9(E)(3){b), In-Lieu Fee, by adopting the findings of
fact and law contained in the staff report, and finding that the text amendment and approval
thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth
in LDR Section 2.4.5(M) (motion fo be made in the affirmative).
-m- `: --.'- RECOMMENDED-AGTION '~
Recommend approval of the amendment to Land Development Regulations, Section
4.6.9(E)(3)(b), In-Lieu Fee, by adopting the findings of fact and law contained in the staff report,
and finding that the text amendment and approval thereof is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
^ Proposed Ordinance
3
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