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Ord 40-11ORDINANCE NO. 40 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS ", SUBSECTION (E), "LOCATION OF PARKING SPACES ", PARAGRAPH (3), "IN -LIEU FEE "; TO CLARIFY THE APPLICABILITY OF THE MAXIMUM PERCENTAGE OF IN -LIEU PARKING SPACES PERMITTED; 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 October 17, 2011 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 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 Section 4.6.9, "Off -Street Parking Regulations ", Subsection (E), "Location of Parking Spaces ", Paragraph (3), "In -lieu Fee ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (3) In -Lieu Fee: A41 Subject to the limitations of this Section, new development, use conversion to existing buildings, building additions and /or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in -lieu of parking program. Required parking for exclusively residential development or residential components of mixed use developments are not eligible for this in -lieu option. A maximum limit of 30% of eligible required parking can be provided under this option, except for use conversions for which there is no maximum. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and /or studies. 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. ORD. NO. 40-11 V- Elm ' loll am Ills ®1 In I t M lima mu u mim Muni" ju IN LI! o o () cf) LU Ur UL c w Z O QW 7 ORD. NO. 40-11 (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, payment of the in -lieu fee is due upon issuance of a building permit. The in -lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in -lieu fee which is not paid in full at time of permit, must enter into an In -Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. 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 a three -year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the 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 Development Regulations at the time 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 ORD. NO. 40-11 invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 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. PASSED AND A OPTED in regular session on second and final reading on this the day of )2011. ATTEST City Clerk i !� First Readin Second Readin �J 1 M JOUR 5 ORD. NO. 40 -11 :BE::::.:F: , PaiiBeach. Rosf R81rfi &eachRast gain . (5fi1}; &2Q'= 4343;.: Th �. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 3, 2011 Page I of 1 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 ORDINANCE NO. 40-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.6.9(E)(3), "In -Lieu Fee ", to clarify that the maximum percentage of in -lieu spaces applies only to new developments and the expansion of existing developments. BACKGROUND At the first reading on November 1, 2011, the Commission passed Ordinance No. 40 -11. RECOMMENDATION Recommend approval of Ordinance No. 40 -11 on second and final reading. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5102 &MeetingID =337 11/23/2011 ORDINANCE NO. 40-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS ", SUBSECTION (E), "LOCATION OF PARKING SPACES ", PARAGRAPH (3), "IN -LIEU FEE "; TO CLARIFY THE APPLICABILITY OF THE MAXIMUM PERCENTAGE OF IN -LIEU PARKING SPACES PERMITTED; 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 October 17, 2011 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 Zoning Staff Report, and WHEREAS, the City Conwussion 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 Section 4.6.9, "Off -Street Parking Regulations ", Subsection (E), "Location of Parking Spaces ", Paragraph (3), "In -lieu Fee ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (3) In -Lieu Fee: All Subject to the limitations of this Section new development, use conversion to existing buildings, building additions and /or renovations, that result in the requirement to provide new parking or additional parking have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in lieu of parking program Regmed parking for exclusively residential development or residential components of mixed use developments are not eligible for this in -lieu option A maximum limit of 30% of eligible required parking can be provided under this option, except for use conversions for which there is no maximum. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and /or studies. Payrnent 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. ORD. NO. 40-11 it $ a cl) 9 0 k W W p LL Z. o m 3 W g J Z � N N O I z N 117 a a <u h m° h W o < U 3 ORD. NO. 40-11 (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, payment of the in -lieu fee is due upon issuance of a building permit. The in -lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in lieu fee which is not paid in full at time of permit, must enter into an In -Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. 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 a three -year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the 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 parldng 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 Development Regulations at the time 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 ordnance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be ORD. NO. 40 -11 invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 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 imirediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ISISOMNONUBBI Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 2 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 26, 2011 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011 ORDINANCE NO. 40-11 ITEM BEFORE COMMISSION Approval of a city - initiated amendment to the Land Development Regulations (LDRs) that will clarify that the 30% maximum percentage of in -lieu spaces applies only to new development and expansion of existing developments. BACKGROUND On August 2, 2011, the City Commission adopted Ordinance No. 21 -11. The ordinance limited the number of required parking that could be satisfied via the purchase of spaces in -lieu to 30% of the required spaces. This maximum percentage was a recommendation in the City's Parking Management Plan, but was not specific with respect to which of the various in -lieu option scenarios it should apply to. After ordinance adoption, it became apparent that this application should not apply to conversion of existing space as in most cases these conversions would exceed the 30% maximum (unless there was a surplus of parking spaces). Since the ordinance adoption, two separate in -lieu of parking requests were presented to the City Commission. These requests involved the properties at 9 NE 2nd Avenue and 5 SE 2nd Avenue, and both required waivers to the newly established 30% maximum. However, as the new modifications to the in -lieu program, established in Ordinance No. 21 -11, significantly expanded its application to include new development, maximum percentage for certain in -lieu fee applications is still appropriate. This ordinance will clarify that this 30% maximum will apply to in-lieu requests involving new development or expansion of existing uses. REVIEW BY OTHERS The Downtown Development Authority (DDA) reviewed the item at their October 10, 2011 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 11, 2011 meeting and recommended approval. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ltemID =5081 &MeetingID =335 11/3/2011 Coversheet Page 2 of 2 The Community Redevelopment Agency (CRA) reviewed the item at their October 13, 2011 meeting and recommended approval. The Parking Management Advisory Board (PMAB) reviewed the item at their October 25, 2011 meeting and recommended approval. The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended approval on a 7 -0 vote. RECOMMENDATION By motion, approve Ordinance No. 40 -11 on first reading for a city - initiated amendment to Section 4.6.9(E)(3) of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD =5081 &MeetingID =335 11/3/2011 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: OCTOBER 17, 2011 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS ", SUBSECTION 4.6.9(E)(3), "IN -LIEU FEE ", TO CLARIFY THAT THE 30% MAXIMUM PERCENTAGE OF IN -LIEU SPACES APPLIES TO NEW DEVELOPMENT, AND EXPANSION OF EXISTING DEVELOPMENTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city- initiated amendment to Land Development Regulations (LDRs) that clarifies that the 30% maximum percentage of in -lieu spaces applies to new development and expansion of existing developments. 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 On August 2, 2011, the City Commission adopted Ordinance No. 21 -11. The ordinance limited to 30% the number of required parking that could be satisfied via the purchase of spaces in -lieu of actually providing them. This maximum percentage was a recommendation in the City's Parking Management Plan, but was not specific with respect to which of the various in -lieu option scenarios it should apply to. After ordinance adoption, it became apparent that this application should not apply to conversion of existing space as in most cases these conversions would exceed the 30% maximum (unless there was a surplus of parking spaces). Since the ordinance adoption, two separate in -lieu of parking requests were presented to the City Commission. These requests involved the properties at 9 NE 2nd Avenue and 5 SE 2nd Avenue, and both required waivers to the newly established 30% maximum. However, as the new modifications to the in -lieu program, established in Ordinance No. 21 -11, significantly expanded its application to include new development maximum percentage for certain in -lieu fee applications is still appropriate. This ordinance will clarify that this 30% maximum will apply to in -lieu requests involving new development or expansion of existing uses. Planning and Zoning Board Meeting, October 17, 2011 LDR Amendment -Fee In -Lieu of Parking (Clarification of Maximum Percentage Cap) REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following objective supports this proposed amendment: Future Land Use Element Objective A -5 states that "the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed -use developments, and other innovative development practices." This LDR text amendment is supported by this Comprehensive Plan objective and will implement one of the recommendations of the Delray Beach Parking Management Plan. REVIEW BY OTHERS The Downtown Development Authority (DDA) reviewed the item at their October 10, 2011 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 11, 2011 meeting and recommended approval. The Community Redevelopment Agency (CRA) reviewed the item at their October 13, 2011 meeting and recommended approval. The Parking Management Advisory Board (PMAB) will review the item at their October 25, 2011 meeting and their recommendation will be reported at second reading. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment implements one of the recommendations of the City of Delray Beach Parking Management Plan of August 2010. This amendment clarifies that the 30% maximum limitation applies to new development and expansion of uses only. ALTERNATIVE ACTIONS A. Continue with direction. 2 Planning and Zoning Board Meeting, October 17, 2011 LDR Amendment -Fee In -Lieu of Parking (Clarification of Maximum Percentage Cap) B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, by Section 4.6.9, "Off- Street Parking Regulations ", Subsection 4.6.9(E)(3), "In -Lieu Fee ", To Clarify That The 30% Maximum Percentage of In -Lieu Spaces Applies To New Development And Expansion Of Existing Developments, 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 Section 4.6.9, "Off- Street Parking Regulations ", Subsection 4.6.9(E)(3), "In -Lieu Fee ", To Clarify That The 30% Maximum Percentage of In -Lieu Spaces Applies To New Development And Expansion Of Existing Developments, 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 4.6.9, "Off- Street Parking Regulations ", Subsection 4.6.9(E)(3), "In -Lieu Fee ", To Clarify That The 30% Maximum Percentage of In -Lieu Spaces Applies To New Development And Expansion Of Existing Developments, 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 LDR text amendment 9 Planning and Zoning Board Meeting, October 17, 2011 LDR Amendment -Fee In -Lieu of Parking (Clarification of Maximum Percentage Cap) (3) In -Lieu Fee: All new development, use conversion to existing buildings, building additions and /or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in -lieu of parking program. Required parking for exclusively residential development or residential components of mixed use developments are not eligible for this in -lieu option. A maximum limit of 30% of eligible required parking can be provided user this sptief► for new development or expansion of existing uses. The maximum does not apply to conversion of use. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and /or studies. n