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Ord 07-12 DENIEDORDINANCE NO. 7 -12 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, "O PARKING REGULATIONS ", SUBSECTION 4.6.9(C), " E PARKING SPACES REQUIRED ", SUB - SUBSEC 4.6.9(C)(1), "GENERAL PROVISIONS ", BY AMENDING RAPH (c), "BICYCLE PARKING", TO SET FORTH TAN S FOR BICYCLE PARKING; AND BY AMEN PPE "A ", "DEFINITIONS ", TO ENACT A DE INITIO OR "BICYCLE PARKING FACILITIES "• OVID A SA CLAUSE, A GENERAL REPEALER N FFtCT DATE. WHEREAS, pursuant to LDR text amendment at a public hearing held be approved; and WHEREAS, pursuant to Local Planning Agency, has det< and policies of the ComprehS& WHEREAS, Zoning Staff Report WHEREAS, the i7 reviewed the proposed upend that the changes Ming and Zoning Board, sitting as the with and furthers the goals, objectives of Delray Beach adopts the findings in the Planning and of Delray Beach finds the ordinance is consistent with BY THE CITY COMMISSION OF THE CITY OF set forth above are incorporated herein. Section 2. 141hajAction 4.6.9, "Off- Street Parking ", Subsection "4.6.9(C), "Number of Parking Spaces Required ", Su section 4.6.9(C)(1), "General Provisions ", Paragraph (c), `Bicycle Parking ", of the Land Development gulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (c) Bicycle Parking: MIME im W.'- ....... ...... i v v exists. it shall be rounded un. M Section 3. That Code of Ordinances of v new definition of "Bicvafflj It A» f -.- A_G._t.' telra"De the Land Development Regulations of the y ch, Florida, be and the same is hereby amended by enacting a i,cilities ", ead as follows: common ways of providing long term bicycle parking are: a. fully enclosed lockers accessible only by the user-, 2 ORD. NO. 7 -12 b. a continuously monitored facility that provides a stationery object in which the user can lock the frame and both wheels with a user - provided lock. c. a restricted access facility that provides a stationery object in which the user can lock the frame and both wheels with a user - provided lock are provided and access is restricted only to the owners of the bicycles stored therein. Section 4. That should any section or provision of this paragraph, sentence, or word be declared by a court of competent shall not affect the validity of the remainder hereof as a whole or pa: be invalid. Ak Section 5. That all ordinances or parts of hereby repealed. Section 6. final reading. That this ordinance shall PASSED AND ADOPTED in 2012. ATTEST City Clerk First Second i or an 'on thereof, any )n to be in such decision other than the t declared to same are on second and day of 3 ORD. NO. 7 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 1, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF FEBRUARY 7.2012 ORDINANCE NO. 07-12 ITEM BEFORE COMMISSION Approval of a city - initiated amendment to the Land Development Regulations (LDRs) that will modify LDR Section 4.6.9 (C)(1)(c), "Bicycle Parking" and enact new definitions for short, medium, and long term parking facilities. 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 The City of Delray Beach Parking Management Plan, dated August, 2010, recommends that modifications be made to the City's bicycle parking requirements. These modifications include expanding the current bicycle parking requirements to a citywide basis as well as expanding the requirement to include more land uses than are currently listed (currently limited to shopping centers, fast food restaurants, government offices, community centers, private recreation facilities and non- residential uses with the City's TCEA [Transportation Concurrency Area]). The recommendations also suggest adopting regulations regarding the placement of bicycle parking facilities, including lighting, security and location within the site, and the type of bicycle facilities (short or long term facilities). This LDR amendment expands the bicycle parking requirements city wide and assigns requirements that correspond with 5% (residential) and 10% (commercial, office and industrial) of the vehicular parking requirement for any particular use. Regulations referencing locational requirements and the appropriate type of facilities (short, medium and long term) are also included. The definition section of the LDR's is also being modified to include definitions for short, medium and long term parking facilities. It is noted that these changes are consistent with the recommendations in the Parking Management Plan. REVIEW BY OTHERS The Downtown Development Authority (DDA) reviewed the item at their January 9, 2012 and tabled the item. Their main concerns were that no parking would be provided if the use required less than 10 http: // itwebapp /AgendalntraneVBluesheet .aspx ?ItemID = 5334 &MeetingID =343 2/23/2012 Coversheet Page 2 of 2 (commercial, office, and industrial) or 20 (residential) vehicle parking spaces. This is not the case and additional clarifying language has been added to require a minimum of one space under both 10 and 20 vehicle spaces. Further language has been provided to address rounding up all fractions. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their January 10, 2012 meeting and recommended approval subject to conditions. These include recommendations that incentives be offered for existing businesses to participate. Further, a recommendation was made that the City be proactive with the placement of bike racks at public facilities. The Community Redevelopment Agency (CRA) reviewed the item at their January 12, 2012 meeting and recommended denial. They felt the current requirements were adequate and they were also concerned that long term facilities would be unduly required of all employers. The regulations have been modified to limit mandatory long term facilities to schools, transit station and public parking facilities. The Planning and Zoning Board (P &Z) reviewed the item at their January 23, 2012 meeting and made a recommendation of approval on a 7 -0 vote subject to two conditions. These included increasing the bicycle parking requirement from 5% to 10% of the vehicular parking requirements for commercial, office and industrial uses as recommended in the Parking Management Plan, and modifying the time frames associated with short and medium term facilities categories. These changes have been incorporated in the ordinance before the City Commission. RECOMMENDATION By motion, approve Ordinance No. 7 -12 on first reading for a city - initiated amendment to Section 4.6.9, "Number of Parking Spaces Required "; Subsection 4.6.9(C)(1)(c), "Bicycle Parking ", and Amending Appendix "A" to enact new definitions for Short, Medium, and Long Term Parking Facilities, 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). http:// itwebapp/ Agendalntranct /Bluesheet.aspx ?ItemID= 5334 &MeetingID =343 2/23/2012 ORDINANCE NO. 7-12 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 4.6.9(C), "NUMBER OF PARKING SPACES REQUIRED ", SUB - SUBSECTION 4.6.9(C)(1), "GENERAL PROVISIONS ", BY AMENDING PARAGRAPH (c), "BICYCLE PARKING ", TO SET FORTH STANDARDS FOR BICYCLE PARKING; AND BY AMENDING APPENDIX "A ", "DEFINITIONS ", TO ENACT A NEW DEFINITION FOR "BICYCLE PARKING FACILITIES "; 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 January 23, 2012 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 Parldng', Subsection "4.6.9(C), "Number of Parldng Spaces Required ", Sub- Subsection 4.6.9(C)(1), "General Provisions ", Paragraph (c), 'Bicycle Parldng', of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (c) Bicycle Parking: ..... a Bicycle Parking shall be Provided at a minimum ratio of one (1) bicycle space for every All bicycle Parking facilities Provided to satisfy the regmmments shall be located on to obstruct the flow of Pedestrians using the entrance or sidewalk Q While a rntru num of Short and Medium Term Parking facilities are reared for most uses, Long Term Parking facilities should be considered for uses like schools, transit stations and Public Parking facilities. (See Appendix "A" for definition of "Bicycle Parking Facilities "). Section 3. That Appendix "A ", "Definitions ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new definition of "Bicycle Parking Facilities ", to read as follows: Bicycle Parking Facilities Medium Term Parking— Bicycle parking facility intended for medium -term parking under 6 hours) and consisting of a stationery object in which the user can lock the frame and both wheels with a user- provided lock Long Term Parking Bicycle parking facility intended for Ion -term parking_(6 or more hours) which provides Protection against theft of the entire bicycle and its components and accessories Three common ways of providing long term bicycle parking are: a. fully enclosed lockers accessible only by the user ORD. NO. 7-12 b. a continuously monitored facility that provides a stationery object in which the user can lock the frame and both wheels with a user- provided lock . c. a restricted access facility that provides a stationery object in which the user can lock the frame and both wheels with auser- provided lock are provided and access is restricted only to the owners of the bicycles stored therein. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or vmrd 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 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 irnmediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of /2012. ATTEST MAYOR City Clerk First Reading Second Reading - 3 ORD. NO. 7-12 . ";.: •a tastJ ' 4 .. �L %7 N I� :try' �ti r ';•�::' ': o• `'ti� `'i?'�tT �r r• L. .i'" ,, f ^:.; +'x t . . } ?'F = • ;a., ..�y ,t. � a.,. , m., �:. > ,..,.z; . yP: .t. .�:. vV: ..l ^ ^• ., ji:: �,c `:�: .tY'+ ).1 '•��. 5':�*'•� .�%c:�!:- -.t..• I v,.;`.,,..•., #f s . •�,fiA.. ,: r•; ,.5. ^fiti =: ?: %a - -x k.. l.sri:^ ,..f. .:G•. . � t +,i: n r.r. £�t)''iw -: YF. -� 5� •:.._r. �::.y r.r. _ ,.'it..: t, +!': - . A•; •Y.:i¢.Y li.l: !-'.: :.?. ,r�' {!.',.': ':::t`:.:�-�•::, �i:i: +: ,•.�. 7, t . 4, ) R.,. , i_(' . At,,. . �� VY��. j h N''�,. 'iL . " {�+t':- ''� ?.�'�i }i,•i: r`SY�r`:1. _ .{ ax.. yj`, ;, Hirt" Itxt J.. ai.r't.. ''i• #.,:+. Y` ?r: .. }air:. L ""��; ''._ i'i } i,•i : i�.� <:'i:..$ :• :-4 ` -;:a *" �- �. v.... S ^ar•�: °. ,rf..4::�. ..qr,��, was:? :x , ^5J: F'r )p:.. � . � • ;T�tz,5c.: �...;.Y• r ti. ;�' - - �'t' - 1�,, f:Pi�. .F.). • i''.='r.,. v,:1.ao- >;ii.: ' -r r •Yt,. 14: 5.t as'� - 'F l�' •1 ..t..1:'e r`2: sue` x`2:. n .'ia•. ARM !f• :4'� a ": t : T a},• '.•�.::: .l.' .f.' ..1 .R.. —��r.t - (.r ,.Y. �S:•x ^v+ r?,fi. .,\:'- iLi�`f. MEETING DATE: JANUARY 23, 2012 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF A CITY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.6.9, "NUMBER OF PARKING SPACES REQUIRED ", SUBSECTION 4.6,9(C)(1)(c), `BICYCLE PARKING ", AND AMENDING APPENDIX "A" TO ENACT NEW DEFINITIONS FOR SHORT, MEDIUM AND LONG TERM PARKING FACILITIES. t _ .').: }'SIC „``, :.•,. r r t.,,;.;• „ ;:'. {7EM`BEFOtE 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 will modify LDR Section 4.6.9 (C)(1)(c), "Bicycle Parking” and enact new definitions for short, medium, and long term parking facilities. 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. Y O IAN The City of Delray Beach Parking Management Plan dated August 2010 recommends that modifications be made to the City's bicycle parking requirements. These modifications include expanding the current bicycle parking requirements to a citywide basis as well as expanding the requirement to include more land uses than are currently listed (currently limited to shopping centers, fast food restaurants, government offices, community centers, private recreation facilities and non - residential uses with the City's TCEA [Transportation Concurrency Area]). The recommendations also suggest adopting regulations regarding the placement of bicycle parking facilities including lighting, security and location within the site, and the type of bicycle facilities (short or long term facilities). This LDR amendment expands the bicycle parking requirements City wide and assigns requirements that correspond with 5% of the vehicle requirement for any particular use. It is noted the recommendation in the Parking Management Plan are slightly higher ranging from 5% (residential)I to 10% (commercial, office, and industrial) of vehicle parking requirements. Regulations referencing locational requirements and the appropriate type of facilities (short, medium and long term) are also included. The definition section of the LDR's is also being modified to include definitions for short, medium and long term parking facilities. Planning and Zoning Board Meeting, January 23, 2012 City Initiated Amendment — Bicycle Parking °REQUIRED FINDfN.GS 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. The Downtown Development Authority (DDA) reviewed the item at their January 9, 2012 and tabled the item, Their main concerns was that no parking would be provided if the use required less than 20 vehicle parking spaces. This is. not the case and additional clarifying language has been added to require a minimum of one space under 20 vehicle spaces. Further language has been provided to address rounding up all fractions. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their January 10, 2012 meeting and recommended approval subject to conditions. These include recommendations that incentives be offered for existing businesses to participate. Further a recommendation was made that the city be proactive with the placement of bike racks at public facilities. The Community Redevelopment Agency (CRA) reviewed the item at their January 12, 2012 meeting and recommended denial. They felt the current requirements were adequate and they were also concerned that long term facilities would be unduly required of all employers. The regulations have been modified to limit mandatory long term facilities to schools, transit station and public parking facilities. 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 ANDONCtUSION This amendment implements one of the recommendations of the City of Delray Beach Parking Management Plan of August 2010. This amendment expands the bicycle parking requirements, establishes number of required spaces, and provides locational requirements. The amendment also provides related definitions for short, medium, and long term parking facilities. 2 Planning and Zoning Board Meeting, January 23, 2012 City Initiated Amendment — Bicycle Parking At TERNATIVE 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 4.6.9, "Number of Parking Spaces Required "; Subsection 4.6.9(C)(1)(C), "Bicycle Parking ", and Amending Appendix "A" to Enact New Definitions for Short, Medium, and Long Term Parking Facilities, 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 4.6.9, " "Number of Parking Spaces Required "; Subsection 4.6.9(C)(1)(C), "Bicycle Parking ", and Amending Appendix "A" to Enact New Definitions for Short, Medium, and Long Term Parking Facilities, 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). RECONI.MENDtD ACTION Recommend approval of the amendment to Land Development Regulations, by amending Section 4.6.9, "Number of Parking Spaces Required "; Subsection 4.6.9(C)(1)(C), "Bicycle Parking ", and Amending Appendix "A" to Enact New Definitions for Short, Medium, and Long Term Parking Facilities, 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: • Proposed LDR text amendment • Bicycle Parking Exhibit K BIKE PARKING 10.1 DEFINITIONS Class 1 A method of bicycle parking that protects the entire bicycle and its components from theft, vandalism or inclement weather. Class I bicycle parking is appropriate for long -term (two hours to all day) bicycle parking such as at employment sites, schools and transit stations /stops. It is also important at sites where bicycles are left overnight for several days such as airports, train stations and of course, multi - family residential units. See. Sectiori'10.2 for a discussion on tlae vafiious. �pfotzs fgr .. .. Class ].bike parking. Class 2 A bicycle rack to which the frame and at least one wheel can be secured with a user- provided U -lock or padlock and cable. Racks that provide two points of contact prevent bikes from pivoting and falling over. Bike racks are appropriate for short-term parking where the typical parking duration is less than two hours. They can be thought of as serving the customer or visitor parking demand for locations such as retail stores, libraries, dental and medical offices, office buildings and at apartments/ condominiums. See Section 10.3 for discussion on theyarious optzons far' Class 2 bike parking. Class 3 A bicycle rack designed such that only one wheel and not the frame can be locked to the rack. While still used in some situations like school yards, they are not secure. They are never recommended except in guarded areas or locked rooms where they are used in Class 1 situations. (ftss-I t-ONCs 'TAN IN THIS CMLIPTER: 4:7.0.1• Defiriifions p''•`tFt,-' °', 10.2 'Class. I Bike Parking;.Op,Ilphv' 10.3 Glass.2 Bike Rack.Options 10.4 : Placement Dimensions ati`tl - ?,« -Criteria 104 Bike, Parking Quanfify!,t'6;,• Bike Parking Policies ---a,, ' n '; i; i r;l�ufdelines by Land Us" '.7ype as '. The Silicon Valley Bicycle Coalition provides free valet bike parking at many community events. This event utilized three on- street parallel spaces in downtown San lose in order to park bicycles at the post - bike -to -work day bash in 2007. C-6as-2 vkEM00- 6k=-3 %Haver -reo ut VTA Bicyr-le Technical Guidelines Decerri er 13, 2007 10 -1 CHAPTER 10 -BIKE PARKING FIGURE 10 -2 BIKE RACK DESIGN OPTIONS Flat Top Circle Meter Rack Meter Retrofit Horse Rail Artistic Meter Rack T • rjA. Lightning Bolt Parldng Meter VIA Bicycle Technical Guidelines December 13, 2007 10 -7