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Ord 20-11 (DENIED)ORDINANCE NO. 20-11 t1N ORDINANCE OF THE CITY COMMISSION OF TFIE CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGUI_A'I'IONS OF 'THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.1 3, "CI?N'T'RAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLI~~tiII~.NTAL DIS'T'KICT REGULATIONS", AND SF.C1"ION 4.~1?4, " OI.D SCHOOI, SQUARE HISTORIC ART'S DISTRIC"T" (OSSHAD)", SL' BSI~:(;~l'ION (C~;), `SUPPLEMENTAL DISTRICT REGULATIONS", TO 1 NCR1?ASI~: "1'HE PARhING REQUIREMENTS FOR RESTAURr1N'1'S; PRO~~IDING A SAVING CLAUSE, A GENERAL REPI-.ALEK'~C1,A1 "SE, :1ND :AN EFFI?C'T'IVE DATE. WHI~RIi1S, pursuant to LDR proposed text amendment at a public h that the changes be approved; and WHEREAS, pursuant to l~lorida sitting as the Local Planning Agenc}', has the goals, objectives and policies of the Cc WHIJRIr,S, Planning and ''/.onin€ consistent C r $oard reviewed the 6 to 0 to recommend Planning and Zoning Board, is consistent with and furthers y Beach adopts the findings in the City of Delray finds the ordinance is ZDAINI~D BY THE CITY COMMISSION OF THE AS FOLLOWS: recitations set forth above are incorporated herein. Section 2' "Supplemental D Ordinances of the l Section 4.4.13, "Central Business (CBD) District", t Regulations", of the Land Development Regulations of Delray Beach, Florida, be amended to read as follows: Subsection (G), of the Code of (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.G, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: (a) Within that portion of the CI3D bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and beach ~\rea within the C13D Lone District, the provisions of Section 4.G.9(C) shall apply, as further modified within this Subsection (G)(1). When the. parking requirements expansion of an existing use or a c of only one new parking space, a exemption may only occur once pe If it is impossible or inappi pursuant to Subsection 4. 4.G.9(E)(3) may be applied. u rcqutremcnt allowed. This ig on-site or off-site, provided in Section parking requirement for restaurants in the balance of ;h Area is established at six (G) spaces per 1,000 sq. ft. ~arkil~g requirement for hotels and motels within that portion of the C13D idcd b~~ Swinton Avenue on the west, N.E. 2nd Street on the. north, the coastal Waterway on the east and S.F?. 2nd Street on the south is established 7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor devoted to ballrooms, meeting rooms, and shops and 12 spaces~er 1,000 2 ORD. NO. 20-I I ft of gross floor area over the initial 6 000 sq. ft., for restaurants and lounges within a hotel or motel on property located from Swinton Avenue on the west to NE/SF 5`h Avenue to the east, between Atlantic Avenue and the cast-west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of I inton Plat (1' 13 1, P G. 3). In the balance of the Central Core and I3each Area, the minimum parking requirement is six (6) spaces per 1,000 sy. ft. of gross 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 1.U space/unit • One bedroom dwellin unit 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces/unit • Guest parking shall be provided cumulaa~~cl~- as follows: - for the first 20 units 0.5U sp- ces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse a provided in front of g. the space for one unit i Location of Guest I'ar all visitors and guests a net of d1c Townhouse r<-pe de~~clopments, parking may be units prowidcd that such parking does not result in ding access to a space of the other unit. irking spaces must be accessible to or located near recreational features business and professional offices within the is established at one (1) space per 300 sy. ft. of portion of the CBD bounded by Swinton Avenue on the west, N.E. Street on the north, the Intracoastal Waterway on the east and S.F,. Strcct on the south; portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. Avenue on the cast, N.E. 2nd Street on the south and George Bush i. on the north; and 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.T?. 2nd Street on the north and S.E. 4th Street on the south. 3 ORD. NO. 20-I I (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): Six (6) parking spaces per restaurants and one (1) ;pa required for all other non-r and professional offices. rates established in Section single .>or area are required for eet of gross floor area is and motels, and business uses are required at the or hotels and m~~tels is established at 0.7 of a space for e (1) space per 300 sq. ft. of floor area devoted to and shops and six (6) spaces per 1,000 sq. ft. of floor and lounges within the hotel or motel. iate to provide required parking on site or off-site, in Section 4.6.9(E)(3) may be applied. °as and accessways to parking lots must be located to the rear of 1 structures that have frontage on Adantic Avenue. Where locating the rear of the structure is impossible or inappropriate, the Site Plan l Appearance Board may approve an alternate location. parking requirement for business and professional offices is established at (1) space per 300 sq. ft. of net floor area. Section 3. "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, 1~lorida, be amended to read as follows: (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 on N.W. 5th Avenue or S.W. 5th Avenue. 1lccesson~ uses such as parking areas, landscaping, and drainage retention areas ma~~ extend bc~ and the 150 foot limit. Establishment or expansion of structures bc~~ond the 15O foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5 (E) (5). (b) 'T'here is no restriction on repair family residences located a mine 4 ORD. NO. 20- I 1 (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 (I3ankcr'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(f 1)(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located iu the area between any street and the closest building or structure. Where there arc existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. ;... (4) Parking 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 ma~~ be reduced to one parking space per 400 sq. ft. of gross floor area, or ~bq 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 floor area being com-crted to restaurant use~cxcept for Lots 1 through 6 (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 ~;arca as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. Phis 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 ORD. NO. 20- I 1 (5) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(10(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((:) arc applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. Section 4. 'T'hat should any section or provision any paragraph, sentence, or word be declared by a court of decision shall not affect the validity of the remainder hereo part declared to be invalid. Section 5. That all ordinances or I arc hereby repealed. Section 6. 'T'hat this ordinance sh second and final reading. PASSED AND AllOP"1'I:17 in reg day of , 2011, thereof, lid, such than the be, and the same upon its passage on and final reading on this the MAYOR 6 ORD. NO. 20-1 I Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 20, 2011 SUBJECT: AGENDA ITEM 10. B. -REGULAR COMMISSION MEETING OF AUGUST 2, 2011 ORDINANCE NO. 20-11 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before the City Commission for a second reading and public hearing to consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", to increase the parking requirements for restaurants in the area shown on the attached map. Some years ago the City reduced the parking requirement for restaurants in certain areas of the downtown as an incentive to encourage development of new restaurants. Many restaurants have now developed in portions of the area where the incentive was provided. This ordinance would increase the parking requirement back to that which applies in the rest of the City for a portion of the area previously given a reduced requirement. BACKGROUND At the first reading on July 5, 2011, the Commission passed Ordinance No. 20-11. At the July 19, 2011 Regular Meeting, the Commission voted to continue the second reading and public hearing of Ordinance No. 20-11 to a date certain of August 2, 2011. RECOMMENDATION Recommend approval of Ordinance No. 20-11 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4677&MeetingID=325 8/3/2011 ORDINANCE N0.20-11 AN ORDINANCE OF THE QTY COMM[SSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), 'SUPPLEMENTAL DISTRICT REGULATIONS", TO INCREASE THE PARKING REQUIREMENTS FOR RESTAURANTS; 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 Ji.me 20, 2011 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pLU~suant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Plaruling 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 Cornprelueitisive Plan NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemntal 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: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking regtrirements for all non residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking neq~rired for the creation of new floor area, shall also include the replacement of any previously regtured parking which maybe eliminated Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parlang regerirerr~lts 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 regtrired 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) maybe applied (d) For all proms located from Swinton Avenue on the west to NE /SE 5`'' Avenue to the east between Atlantic Avenue and the east-west alleys on the north and south sides of Atlantic Avenue as shown on the Town of Linton Plat (P.B. 1, (e) The parking regtrirerr~ent for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and 12 spaces ORD. NO. 20-11 the Central Core and Beach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area on the north and south sides of Atlantic Avenue as shown on the Town of Linton Pkat~I' B 1 P G 3) In the balance of the Central Core and Beach Area the minimtun parking requirement is six (6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants and lounges within the hotel or motel (f) The parking regLriremetlts for residential units in multi-family structures and mixeduse buildings shall be as follows: • Effici unit 1.0 space/unit • One bedroom dwellin unit 1.25 spaces/unit • Tvw or more bedroom unit 1.75 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and 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 irr~eding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and maybe centralized or located near recreational features within a development project. (g) The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E . 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd on the north; and 3. The portion of the CBD bounded byS.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. ORD. NO. 20-I 1 (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 maximi.nn depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. E stablishrr~lt 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-conforming singke family residences located a minirru,nn of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is regLrired 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(0)(2). (d) The parking requirement for 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 shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide regLdred parking on site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) maybe applied (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location (g) The parking neq~rirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area Section 3. 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 amended to read as follows: ORD. NO. 20-I 1 (G) Supplemental District Regulations: Supplerrierttal district regulations as set forth in Article 4.6, except as modified herein, apply. (1) Parcels located along N.E. 1st Avenue betv~eert 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 perirreter landscaping requirements of Section 4.6.16(I~(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area betv~eert any street and the closest building or strtacttzre. Where there are existing buildings or stn.rttmes, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off-prerr»ses view by a hedge or decorative fencing. (4) Parking Regiriremalts: (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 nonresidential use. This requirement may be reduced to one parking space per 400 sq. ft. of gross floor area, or by at least one space, where there is a mix of residential and non residential use in the satin strtucture. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use except for Lots 1 throug~i 66 (c) Residential-type inns shall provide one parking space per guest room/unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requiretrent may be redt.red to one parking space per 400 sq. ft. of rtet floor area, or by at least one space, where there is a mix of residential and office use in the same structure. ORD. NO. 20-I 1 (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 regLrirerr~ents of Section 4.6.9(C) are applied to either n,ew development, expansion of an existing use or a change in use, which results in the regLrirerrtieilt of only one new parking space, a one space exemption shall be allowed This exemption may only occur once per property. Section 4. 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 xemlinder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective irrnrediately upon its passage on second and final reackin.~ PASSED AND ADOPTED in regular session on second and final Heading on this the day of , 2011. ATTEST MAYOR City Clerk Fast Reading Second Reading ORD. NO. 20-1 1 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 3 FROM: MARK MCDONNELL, AIC'P, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: .lone 29, 201 I S(JBJ}~;('~~: ,1GH:NUn ITF~1 1__2.A. -REGULAR COMMISSION MEETING OF JULY 5, 201 I OIll)INANCG NO. 20-I 1'I'h;IVI 13F.hOR1? COMMISSION Approval of acity-initiated amendment to the Land Development Regulations (LDRs) that will remove the current parking incentive enjoyed by restaurant uses along Atlantic Avenue from Swinton Avenue to NE/SE Srt' Avenue, between the east-west alleys that are located immediately north and south of Atlantic Avenue (see attached location map). The parking requirement will be increased to be commensurate with parking requirements City-wide from 6 to 12 spaces per 1,000 sq. ft. for restaurants. l3ACkGROUND Restaurant uses have enjoyed a huge success in downtown Delray Beach. Attracting restaurants, along with mixed-use developments, was an intentional part of the City's rebirth from its days of blight and distress. Other incentives, including utilizing shared parking, allowing off-site parking agreements, and approval of valet service, have all helped to shape downtown to the success it has become today. In 1990, the Land Development Regulations listed a parking requirement I~~r all uses in the Central Business District at I space per 300 sq. tt. and required that any parking spaces that are eliminated throu~~h rcdevelopn~ent be replaced. This I space per 300 sq. ft. parking ratio was the requirement for restaur,urts at that time. In 1993, the parking requirement for restaurants within the original DDA area was increased to six (6) spaces for each I ,000 sq. ft. This was half the requirement for restaurants elsewhere in the city, where the requirement was (and remains) at 12 spaces t~~r the first 6,000 sq. ft., and 15 spaces for each 1,000 sq. tt. over 6,000 sq. ft. This incentive was created to attract restaurant uses into the downtown. This incentive has been extremely successful and we are now experiencing an economically unhealthy saturation of restaurants within certain portions of the downtown area. In 2004, the City of Delray Beach Downtown Cluster Study was conducted. Cluster 4, in particular http://itwebapp/Agendalntranet/Bluesheet.aspx?Item) D=4626&Meetingl D=322 7/7/201 I Coversheet Page 2 of 3 (along Atlantic Avenue from Swinton Avenue to NE/SE Soh Avenue, between the east-west alleys north and south of Atlantic Avenue), was identified as having an abundance of restaurants, and it recommended no further conversion of retail over to restaurants. While reference to the Cluster Study and its discouragement of restaurant conversions has been made in statf reports, such proposals and conversion have continually been made. It is noted that the Cluster Study was not officially adopted, but has been referenced in other adopted documents, such as the Downtown Delray Beach Master Plan. A diversity of uses within the downtown is desired to provide customers a variety of options (dining, shopping, entertainment venues, etc.) Limiting options to "dining only" will affect the economic complexion of our downtown. Recently, there has been increased concern by the business community that too many restaurants have saturated the downtown, and that something needs to be done to incentivize new restaurants to areas where they have not currently located (West Atlantic Avenue) and to encourage other types of uses including retail opportunities. This amendment will remove the incentive for restaw-ants in an area where the current incentives have been extremely successful and are no longer needed. The area is along Atlantic Avenue from Swinton Avenue east to NE/SE 5~~' Avenue, between the east-west alleys that are located immediately north and south of Atlantic Avenue. This amendment will provide more of an incentive to retain non-restaurant uses (discourage retail conversions to --estaurants) in the Central Core. This change will be followed up with additional incentives for retail retention and expansion with a combined goal to ensure there is a mix of downtown activities that include those beyond exclusively restaurants. K~~:vi~?w ~v O~r}ii~:iis The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 201 I meeting and discussed their concern over the approach to create a disincentive for restaurants, rather than creating an incentive to achieve what is desired, which is the retention and attraction of retail. They felt that the amendment should be crafted such that it gets us what we want, rather than what we don't want. One suggestion was to evaluate the current "credit" that is given to existing retail establishments when they go about converting to restaurant use; it was suggested that they start at zero and not be given credit for "existing" spaces when those spaces may merely be giandfathered. This approach would in fact increase the parking requirement siulilar to this amendment. The proposed approach to remove the current incentive (reduction) e»joyed by the restaurant uses, and return them to a level commensurate with the overall city requirement, is much more defensible. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 201 I meeting and recommended that P&Z work with CRA staff to incorporate this amendment with other parking changes such as reductions for of-(ices, etc. There were also questions concerning whether or not doubling of-the requirements was too much of a change, and if the area subject to the increase might be changed (i.e. only certain clusters). Since their consideration, the area has been significantly reduced. Staff will be working with the CRA staff and further incentives to encourage business diversity in the downtown. The Downtown Development Authority (DDA) reviewed the item at their June 13, 201 1 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their .tune 14, 201 1 meeting and a recommendation of approval was made. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=4626&MeetinglD=322 7/71201 1 Coversheet Page 3 of 3 The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous recommendation of approval was made, with the comment that the area affected by this amendment be generally limited to the Central Core area between Swinton Avenue to 51~' Avenue, immediately north and south of Atlantic Avenue. The area recommended by the Planning and Zoning Board is reflected in the current ordinance. Rh:CO~~11\71?NUA7-ION By lllotlOn, approve Ordinance No. 20-1 1 on first reading for achy-initiated amendment to the Land Development Regulations, by adopting the findings of tact and law contained in the staff report and finding that the amendment is consistent with the C,OlllpfehenSlVe Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://itwebapp/Agendalntranet/Bluesheet.aspx?1temID=4626&MeetinglD=322 7/7/201 1 '~/~b H1S ~~ ~ N .~n ~ H1S '~'S W - I I -~ - - i ~ I -- - z -- w ~ __ '~/~b Hl~b ~~~N ~ ~~nb Hl~b '~'S .~~ b a~ '~ 's ~' ~ ~~ 11 - ~~~U~ 11b'~ .~ ~~ ~ U ~nb aNZ '~'N ~ ~~nb aNZ '~'S z Q Q I ~nb ls~ '~'N 'end ~ls~ '~'s J ~ ~ I i O 0 U ~ (1 N~ ~ b N O 1 N I M S (n E Z a ~ ~ Q F- - W ~ i O ~ w { w ~ ~ w ~ U Q Z Z 4 z w W Q ~ ~ U ~ O ~ J (~ Z_ Y Q a O U w m Q w Q ~~ U~ ~ W ma ~o a z 0 N ~ Z O W Z z~ Q Q ~I ~a z ~ zo z a a ~.~ o o , ~'y ~ ~\I ~ ~~ D PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 20, 2011 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), `SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS. ITEM BEFORE THE BOARD ~ The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will remove the current parking incentive enjoyed by restaurant uses in the CBD, CBD-RC, and OSSHAD (except in two areas: West Atlantic Avenue and Pineapple Grove Main Street, where additional redevelopment incentives are desired). The parking requirement will be increased to be commensurate with parking requirements City-wide from 6 to 12 spaces per 1,000 sq. ft. for restaurants. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Restaurant uses have enjoyed a huge success in downtown Delray Beach. Attracting restaurants, along with mixed-use developments, was an intentional part of the City's rebirth from its days of blight and distress. Creating other incentives, including utilizing shared parking, allowing off-site parking agreements, approval of valet service, have all helped to shape downtown to the success it has become today. In 1990, the Land Development Regulations listed a parking requirement for all uses in the Central Business District at 1 space per 300 sq. ft. and required that any parking spaces that are eliminated through redevelopment be replaced. This 1 space per 300 sq. ft. parking ratio was the requirement for restaurants at that time. In 1993, the parking requirement for restaurants within the original DDA area was increased to six (6) spaces for each 1,000 sq. ft. This was half the requirement for restaurants elsewhere in the city, where the requirement was (and remains) at 12 spaces for the first 6,000 sq. ft., and 15 spaces for each 1,000 sq. ft. over 6,000 sq. ft. This incentive was created to attract restaurant uses into the downtown. This incentive has been extremely successful and we are now experiencing an economically unhealthy saturation of restaurants within certain portions of the downtown area. Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core In 2004, the City of Delray Beach Downtown Cluster Study was conducted. Cluster 4, in particular, was identified as having an abundance of restaurants, and it recommended no further conversion of retail over to restaurants. While reference to the Cluster Study and its discouragement of restaurant conversions has been made in staff reports, such proposals and conversion have continually been made. A diversity of uses within the downtown is desired to provide customers a variety of options (dining, shopping, entertainment venues, etc.) Limiting options to "dining only" will affect the economic complexion of our downtown. Recently, there has been increased concern by the business community that too many restaurants have saturated the downtown, and that something needs to be done to incentivize new restaurants to areas where they have not currently located (Pineapple Grove and West Atlantic) and to encourage other types of uses including retail opportunities. This amendment increases the required parking for restaurants to what it is in the balance of the City (12/1,000, then 15/1,000 for floor area over 6,000 sq. ft.) in the Central Core and Beach sections of the CBD. The parking requirement of 6 spaces per 1,000 sq. ft. remains unchanged for the Pineapple Grove and the West Atlantic neighborhoods. This amendment should not be characterized as an increase but more as a removal of an incentive which has been extremely successful and is no longer needed. This amendment will provide more of an incentive to retain non-restaurant uses (discourage retail conversions to restaurants) in the Central Core. This change will be followed up with additional incentives for retail retention and expansion with a combined goal to ensure there is a mix of downtown activities that include those beyond exclusively restaurants. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following goals, objectives and policies support this proposed amendment: GOAL AREA "C" Blighted areas of the city shall be redeveloped and renewed and shall be the major contributing areas to the renaissance of Delray Beach. Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ incentives for locating retail on the ground floor with office and residential use on upper floors. By returning the parking requirement to that which is consistent with this use City-wide, retail uses will become more attractive to the Central Core of the CBD. Restaurant uses will continue to be 2 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core incentivized in the Pineapple Grove and West Atlantic Avenue neighborhoods. This amendment is consistent with this policy of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and discussed their concern over the approach to create a disincentive for restaurants, rather than creating an incentive to achieve what is desired, which is the retention and attraction of retail. They felt that the amendment should be crafted such that it gets us what we want, rather than what we don't want. One suggestion was to evaluate the current "credit" that is given to existing retail establishments when they go about converting to restaurant use; it was suggested that they start at zero and not be given credit for "existing" spaces when those spaces may merely be grandfathered. This approach would in fact increase the parking requirement similar to this amendment. The proposed approach to remove the current incentive (reduction) enjoyed by the restaurant uses, and return them to a level commensurate with the overall city requirement, is much more defensible. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and recommended that P&Z work with CRA staff to incorporate this amendment with other parking changes such as reductions for offices, etc. There were also questions concerning whether or not doubling of the requirements was too much of a change, and if the area subject to the increase might be changed (i.e. only certain clusters). Staff will be working with the CRA staff and further incentives to encourage business diversity in the downtown. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION By returning the parking requirement to that which is consistent with this use City-wide, retail uses will become more attractive to the Central Core of the CBD. Restaurant uses will continue to be incentivized in the Pineapple Grove and West Atlantic Avenue neighborhoods. 3 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, By Amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", And Section 4.4.28, "Central Business District-Railroad Corridor (CBD- RC)", Subsection (G), "Supplemental District Regulations", To Clarify The Parking Requirements For Restaurants, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, By Amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", And Section 4.4.28, "Central Business District-Railroad Corridor (CBD- RC)", Subsection (G), "Supplemental District Regulations", To Clarify The Parking Requirements For Restaurants, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, By Amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", And Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", Subsection (G), "Supplemental District Regulations", To Clarify The Parking Requirements For Restaurants, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 4 6E ..The Palm Beach,Post ~ PalmBeachPost.com (561a 820-4343> ~ Friday, Jury 8, 201;!