Ord 35-04 ORDINANCE NO. 35-04
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(E), "LOCATION OF PARKING SPACES" TO
PROVIDE FOR CHANGES IN THE IN-LIEU PARKING
FEE, MAXIMUM NUMBER OF IN-LIEU SPACES THAT
MAY BE PURCHASED, ALTERNATWES TO
PURCHASING IN-LIEU FEE PARKING SPACES, AND
AMENDING THE IN-LIEU FEE DISTRICT MAP TO
REFLECT EXPANSION OF AREA 2; AMENDING
APPENDIX "A" BY ENACTING A DEFINITION FOR
"NEW DEVELOPMENT, REDEVELOPMENT AND IN-
FII.I. DEVELOPMENT"; 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 , and voted
to 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E),
"Location of Parking Spaces" of the Code of Ordinances of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
0g) Location of Parking_ Spaces:
(1) Street parking, parking located in the public fight-of-way, or parking located
in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-
site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of
Section 4.6.9(E)(3)(e~,.(b)(5)thc cc, at c,f construction of additional on-street public parking may kc
.... a ._ _ct .... t. ..... ' '~-"v ......... .. a ...... a .... :_ u_.. c__ agrccmcat wi~..t.~ City. reduce the
number of in-lieu 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).
(3) In-Lieu Fee:
(a) New Development: New development, except for in-fill
development shall be required to provide all required parking pursuant to the Land Development
Regulations, and will not be allowed to purchase in-lieu fee parking. The in-lieu fee option will not
be available in the event of a change in use or expansion of the property, if either occurs within 2
years of the granting of the Certificate of Occupancy, (C.O.). The in-lieu fee option will be available
two years after the date of the granting of the C.O.
Co) Existing Building: If it is impossible or inappropriate to provide the
required number of on-site or off-street parking spaces, and the request for in-lieu spaces will not
involve the elimination of existing parking spaces, except for in-fill development, the City
Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant
to the following provisions:
(1) The in-lieu fee is authorized only in the CBD, CBD-RC,
OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in
compliance with the Supplemental District Regulations provisions therein.
(2) 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, maximum amount of in-lieu spaces available, and
corresponding fee amounts are hereby established as follows: (See page 4646 - A
for corresponding map).
(i) Area 1: Parcels located east of the Intracoastal Waterway which are zoned
CBD ~ $14,000 per space. Up to a maximum of three (3) in-lieu spaces
may be purchased to accommodate the required spaces needed for an
expansion, conversion of use, redevelopment or in-fill development.
(ii) 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; and Block 69 located in the Old School Square
Historic Arts District (OSSHAD) - $12,000 per space. Within that
portion of the CBD bounded by NE/SE 1st Avenue on the west. NE 1st
Street on the north, the ICW on the east and SE 1s' Street on the south.
up to a maximum of thxee (3) M-lieu spaces may be purchased to
accommodate the required spaces needed for an expansion, conversion of
use, redevelopment or M-fill development Throughout the remainder of
Area 2, up to a maximum of seven (7) in-lieu spaces may be purchased to
accommodate the required spaces needed for an expansion, conversion of
use, redevelopment or in-fill development.
(iii) 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. - $6,000 per
space. Within that portion of the OSSHAD bounded by Swinton Avenue
on the west, NE 1st Street on the north, NE/SE 1st Avenue on the east
and SE 1st Street on the south, up to a maximum of three (3) in-lieu
spaces may be purchased to accommodate the required spaces needed for
an expansion, conversion of use, redevelopment or in-fill development.
Throughout the remainder of Area 3, up to a maximum of seven (7) in-
lieu spaces may be purchased to accommodate t~he required spaces needed
for an expansion, conversion of use, redevelopment or in-fill
development.
(iv) Area 4: Parcels located within the West Atlantic Avenue Overlay District
with commercial zonin~ desi~afions a.:_~ ....... a ~r
_ v v; ............... - $4,000 per
space. Up to a maximum of seven (7) in-lieu spaces may be purchased to
accommodate the required spaces needed for an expansion, conversion of
use, redevelopment or in-fill development.
0) All proceeds from such a fee shall be used for parking
purposes.
(4) 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 induding 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.
(5) 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 mount 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 fight-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~,,~5'~rounded,,,,'~^wn. ~-.. ..... ~ ,..' ..... :_ ~:^..~ c~,.,. ,.,.,~a .... o..~u~n ~-~,,~
· ..,-,.,. ,..,,,,..., ,., ......... _k' ........... ~ ...... ,E, .... ~, .......... :'
'"_F'.L-' ............ l-'" '-'""'~'-"-~" ................... 1'" ...... ,5 ....... Y'
.... , ............. ,~.~: ...... a ....... ~,~. Credit may not be taken for those
parking spaces constructed in the public right-of-way a~¢¢tacapc
:_ c__.'.__ A a ~ ~r~toxt~ which are required to meet the performance standards
fo d 1 p d 1 p :_ .u_ ~-u,',
r new eve o ments or re eve o ment. ......................
conflt~--d ............... y .... t'
(6) As an incentive to create a shared parking pro~ an
applicant may receive a refund of in-lieu fees by entering into an affr_ eement with
the City allowing the utilization of private on site parking spaces by the general
public during off hours of the principal use and between the hours of 7:00 AM
and Midnight. The term of the agreement will be one (1) year for each in-lieu of
space approved or calculated by dividing the total in-lieu fee paid by the current
parking meter fee ($0.75 per hour) with the resulting total being the number of
hours the lot(s) must be available to the general public, whichever is ffreater. All
spaces in the lot(s) must be made available, but no less than the number of in-lieu
spaces approved. The in-lieu fee, paid upon the issuance of a building permit, will
be held in a non-interest bearing account until the satisfaction of the terms of the
Agreement. After satisfactory completion of the agreement, the in-lieu fees
would be refunded to the applicant or the applicant's successor in interest.
Failure to complete the terms of the agreement will result in forfeiture of any
refund. Such agreement shall be recorded with the Public Records Office of Palm
Beach County, Florida. The City Attorney shall approve the form of the
a~eement.
Section 2. That Appendix "A" of the Code of Ordinances of the Land Development
Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows:
NEW DEVELOPMENT; The construction of a building(s) or other improvement(s) on
vacant property or a new stand alone building on a developed property.
REDEVELOPMENT: Any proposed expansion, addition or major fa.cade change to an
existing building or structure.
IN-FII.I. DEVELOPMENT: The development of vacant property(s) surrounded by
buildings on two (2) or more sides or the redevelopment of properties including the reconstruction
and reposifioning of buildings to the front setback of the property.
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 upon its adoption on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ,200_.
MAYOR
ATTEST:
Acting City Clerk
Second Reading
MelTIO
To: City Commission
From: David Harden
CC:
Date: September 16, 2004
Re: Ordinance Amending In Lieu Parking Regulations
The attached ordinance addresses most of the issues I expressed concem about when the
Commission last considered this matter at your August 3 meeting. There are still two issues
of policy in the ordinance about which I have reservations.
1. Paragraph (E)(6) allows applicants to receive a refund of in-lieu fees if they make private
on site parking spaces available to the public when they are not needed by the principal
use. In my opinion this is allowing in-lieu fees to be used for a temporary, short term
solution to a permanent problem. In a relatively short time these spaces could become
unavailable to the public again. I believe the City is much better off to use the in lieu
fees to construct additional permanent parking as originally intended. Also, many private
spaces are available anyway in the off hours, either to the general public or to valet
companies. I consider it questionable whether this program would, in reality, add many
parking spaces which would not be available anyway, simply because they are not
blocked off at night.
2. I continue to have reservations about the proposed limits on the number of in-lieu spaces
we allow someone to purchase, especially as these limits apply to conversions of use.
There is a table in the backup which shows which properties would have been unable to
obtain the requested number of in-lieu spaces had these regulations been in effect.
Close examination of this table and the comments for those applicants which would be
rejected under these new regulations will help you determine whether such limits are
appropriate.
Recommendation: I recommend that this ordinance be amended to delete paragraph
(E)(6), and that very careful consideration be given to whether limiting the number of in-lieu
spaces an applicant can purchase will have unintended, undesirable consequences.
TO: DAy~ T. HA~DEI~ CIT, Y MANAGER
THRU: PAUL DORL CTOR OF PLANNING & ZONING
FROM: .*' SC~O~A~,~ARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF SEPTEMBER 21, 2004- REGULAR AGENDA
ORDINANCE #35-04 AMENDING LAND DEVELOPMENT REGULATIONS
SECTIONS 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING
APPENDIX "A" BY ENACTING A DEFINITION FOR NEW
DEVELOPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT
II
At the City Commission meting of August 3, 2004 Staff had presented Ordinance 35-04 which had
proposed modifications to Land Development Regulations Section 4.6.9(E). The Commission
tabled the item based on concerns forwarded by the City Manager (see attached).
Staff has revised the proposed ordinance to address those concerns in the following manner:
1. Attached for your review is an analysis of previously approved in-lieu requests evaluating
the impact that the proposed modifications would have had on past in-lieu fee requests..
2. Area 5 has been incorporated into Area 2.
3. Subparagraph (E)(3)(b)(6) has been revised by correcting the formula calculating the
number of hours the on-site parking lots would need to be available to the public, clarifying
the hours of the day that would be acceptable to receive credit and assessing a minimum
number of spaces and length of the agreements.
4. The definition for redevelopment has been modified for clarity. The definition for in-fill
development has been retained to differentiate this type of new development allowing it to
replace existing parking spaces which will fill in gaps in the existing urban streetscape. This
type of new in-fill is consistent with the direction of the Downtown Master Plan.
......... ..... ~ ......... RECOMMEND ~ ........ ~ ~
Move approval of Ordinance 35-04 by adopting the findings of fact and law contained in the staff
repoA, and finding that the approval thereof is consistent with the Comprehensive Plan and meets
the criteria set foAh in Section 2.4.5(M) of the LDR.
A~ached: Revised Ordinance 35-04
In-Lieu Fee District Map
August 3, 2004 Staff RepoA
Ci~ Manger's Memorandum from August 3r~ meeting
ORDINANCE NO. 35-04
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(E), "LOCATION OF PARKING
SPACES" TO PROVIDE FOR CHANGES IN THE IN-
LIEU PARKING FEE, MAXIMUM NUMBER OF IN-LIEU
SPACES THAT MAY BE PURCHASED,
ALTERNATIVES TO PURCHASING IN-LIEU FEE
PARKING SPACES, AND AMENDING THE IN-LIEU FEE
DISTRICT MAP TO REFLECT EXPANSION OF AREA 2;
AMENDING APPENDIX "A" BYENACTING A
DEFINITION FOR "NEW DEVELOPMENT,
REDEVELOPMENT AND IN-FILL DEVELOPMENT";
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
, and voted __ to __ 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE.
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.9, "Off-Street Parking Regulations", Subsection
4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read 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. The terms "on-site parking" and "off-street parking" are synonymous.
However, pursuant to the requirements of Section 4.6.9(E)(3)(e-)~,('b)(5)the cost of
construction of additional on-street public parking may 5o usod to offsot tho tot~!
...... , ,~ ...... ,~ .... ;,, ,,,,, ~ .......... , ,~,~,~, ,~,,~ r-~,,, reduce the number of in-lieu
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).
(3) In-Lieu Fee:
(a) New Development: New development, except for in-fill
development shall be required to provide all required parkin.q pursuant to the Land
Development Requlations, and will not be allowed to purchase in-lieu fee parking. The
in-lieu fee option will not be available in the event of a chanqe in use or expansion of the
property, if either occurs within 2 years of the granting of the Certificate of Occupancy,
(C.O.). The in-lieu fee option will be available two years after the date of the grantin.q of
the C.O.
(b) Existinq Buildinqs: If it is impossible or inappropriate to
provide the required number of on-site or off-street parking spaces, and the request for
in-lieu spaces will not involve the elimination of existinq parking spaces, except for in-fill
development, the City Commission may approve the payment of a fee in-lieu of
providing such required parking, pursuant to the following provisions:
(1) The in-lieu fee is authorized only in the CBD, CBD-
RC, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning
Districts in compliance with the Supplemental District Regulations
provisions therein.
(2) 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, maximum amount of in-
lieu spaces available, and corresponding fee amounts are hereby
established as follows: (See page 4646 - A for corresponding map).
(i) Area 1: Parcels located east of the Intracoastal Waterway which
are zoned CBD - $14,000 per space. Up to a maximum of three
(3) in-lieu spaces may be purchased to accommodate the
required spaces needed for an expansion, conversion of use,
redevelopment or in-fill development.
(ii) 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; and Block 69
located in the Old School Square Historic Arts District
(OSSHAD) - $12,000 per space. Within that portion of the CBD
st st
bounded by NE/SE 1 Avenue on the west, NE 1 Street on the
north, the ICW on the east and SE 1st Street on the south, up to
a maximum of three (3) in-lieu spaces may be purchased to
accommodate the required spaces needed for an expansion,
conversion of use, redevelopment or in-fill development.
Throuqhout the remainder of Area 2, up to a maximum of seven
(7) in-lieu spaces may be purchased to accommodate the
required spaces needed for an expansion, conversion of use,
redevelopment or in-fill development.
(iii) 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, $6,000 per space. Within that portion of the
OSSHAD bounded by Swinton Avenue on the west, NE 1st
Street on the north, NE/SE 1st Avenue on the east and SE 1st
Street on the south, up to a maximum of three (3) in-lieu spaces
may be purchased to accommodate the required spaces needed
for an expansion, conversion of use, redevelopment or in-fill
development. Throuqhout the remainder of Area 3, up to a
maximum of seven (7) in-lieu spaces may be purchased to
accommodate the required spaces needed for an expansion,
conversion of use, redevelopment or in-fill development.
(iv) Area 4: Parcels located within the West Atlantic Avenue Overlay
District with commercial zoninq designations wh!ch 3r9 --'c.-.gd
GC - $4,000 per space. Up to a maximum of seven (7) in-lieu
spaces may be purchased to accommodate the required spaces
needed for an expansion, conversion of use, redevelopment or
in-fill development.
(3) All proceeds from such a fee shall be used for parking
purposes.
(4) 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 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.
(5) 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 boon 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 dqht-of-wa¥. (For example, the applicant
requests to pa¥ the in-lieu fee on 4 spaces; the applicant constructs 4
spaces in the dqht-of-wa¥; the applicant must onl¥ pay the in-lieu fee for
2 spaces). Crediting of spaces constructed in the dght-of-wa¥ resultinq
in a fraction shall be rounded down. The teta! !,-, !!eu fee due sha!! 5e
event.,..~"' ..... ,4 *'-*'-' ;" ~;-',,.vvv~'--'o, ~,.. *h ...... *.,.,.* ...... ;,,,.~, ,,-v,,,-,
~treet ;'-~'*;'-'- a,4,4;,;,-.,...~ credit, ""+ * ...... ,4 ~ n% ,., ,h,~ ,,.,.~ *,.,. may
"*-""* ~: .... ;* ...... '" '"",4 .... ;""' Credit may not be taken for those
parking spaces constructed in the public right-of-way--.t-r-~d.~
element*..,,~.~;o+",4 ;- vv~..~Q'~'H'"r~ ....... A A 4qll~l")~l~~./x_/~./ which are required to meet the
performance standards for new developments or redevelopment. ~
(6) As an incentive to create a shared parking program
an applicant may receive a refund of in-lieu fees by enterinq into an
agreement with the City allowinq the utilization of private on site parking
spaces by the general public durinq off hours of the principal use and
between the hours of 7:00 AM and Midniqht. The term of the aqreement
will be one (1) year for each in-lieu of space approved or calculated by
dividinq the total in-lieu fee paid by the current parking meter fee ($0.75
per hour) with the resultinq total beinq the number of hours the lot(s)
must be available to the general public, whichever is greater. All spaces
in the lot(s) must be made available, but no less than the number of in-
lieu spaces approved. The in-lieu fee, paid upon the issuance of a
buildinq permit, will be held in a non-interest bearing account until the
satisfaction of the terms of the Aqreement. After satisfactory
completion of the aqreement, the in-lieu fees would be refunded to the
applicant or the applicant's successor in interest. Failure to complete
the terms of the aqreement will result in forfeiture of any refund. Such
agreement shall be recorded with the Public Records Office of Palm
Beach County, Florida. The City Attorney shall approve the form of the
agreement.
Section 2. That Appendix "A" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach be, and the same is hereby
amended to read as follows:
NEW DEVELOPMENT: The construction of a buildinq(s) or other
improvement(s) on vacant property or a new stand alone buildinq on a developed
property.
REDEVELOPMENT: Any proposed expansion, addition or major fa~;ade chanqe
to an existinq buildinq or structure.
IN-FILL DEVELOPMENT: The development of vacant property(s) surrounded by
buildinqs on two (2) or more sides or the redevelopment of properties includinq the
reconstruction and repositioninq of buildinqs to the front setback of the property.
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 upon its adoption on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
TO: DAVID T. HARDEN, CITY MANAGER
THRU: PAUL DORLING, DIRECTOR OF PLANNING & ZONING
FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF AUGUST 3, 2004- REGULAR AGENDA
ORDINANCE #35-04 AMENDING LAND DEVELOPMENT REGULATIONS
SECTIONS 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING
APPENDIX "A" BY ENACTING A DEFINITION FOR NEW DEVELOPMENT
OR REDEVELOPMENT
At the meeting of June 24, 2003 the Parking Management Advisory Board directed Staff to develop
more stringent criteria to the in-lieu of fee program. The Board's concern centered around the
interpretation of LDR Section 4.6.9(E)(3) by applicants that the purchase of in-lieu parking spaces
is an entitlement and can not be denied or minimized. Between July, 2003 and January, 2004 the
PMAB discussed numerous recommendations including evaluating utilization of parking lots in the
vicinity of projects requesting in-lieu spaces, limiting in-lieu requests based on types of use, and
increasing fees for spaces in excess of established maximum number of in-lieu spaces. After these
meetings a scaled down set of regulations emerged and was endorsed by the PMAB in January.
The Planning & Zoning Board considered these LDR changes at their meeting of April 19, 2004
and after significant discussion the Board continued the item and directed staff to work with the
PMAB to further modify the recommendations. The modified recommendations were approved by
the Planning & Zoning Board at their meeting of July 19, 2004 and are summarized as follows:
· Limiting the number of in-lieu spaces to three (3) or seven (7) based on Geographic area;
· Not allowing the purchase of in-lieu spaces if the proposed request requires the
elimination of existing parking spaces;
· Requiring all new development or redevelopment entailing the demolition and
reconstruction of buildings to provide all required parking;
· The creation of Area 5 and raises the in-lieu fees from $6,000 to $12,000 in this area;
· Allows partial crediting to developers for the construction of on-street parking spaces
adjacent to projects rather than reimbursement of the cost of construction;
· Develops a shared parking program through incentives to utilize private parking lots off
hours of the principal use.
Historic Preservation Board (HPB): The proposed amendment was reviewed by the HPB on
December 3, 2003. The Board recommended approval.
City Commission Staff Report
Ordinance 35-04 / Modifications To The In-Lieu Program
Page 2
Site Plan Review and Appearance Board (SPRAB): The proposed amendment was reviewed by
the SPRAB on December 3, 2003. The Board recommended approval.
Pineapple Grove Main Street Board (PGMS): The proposed amendment was reviewed by the
PGMS on December 8, 2003. No formal action was taken by the Board.
West Atlantic Redevelopment Coalition (WARC): The proposed amendment was reviewed by
the WARC on December 10, 2003. The Board felt that the imposition of any restrictions or
modifications to the program might stifle development in the area and requested that the West
Atlantic corridor be excluded from any proposed modifications.
Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the
CRA on March 19, 2004. The CRA Director suggested that developers should somehow be
credited for the construction of on-street parking spaces in the public right-of-way. This was
addressed and incorporated into the final draft of the ordinance. The Board recommended
approval.
Downtown Development Authority (DDA): The proposed amendment was reviewed by the DDA
on March 19, 2004. The Board recommended approval.
Parking Management Advisory Board (PMAB): This final draft of the proposed amendment was
reviewed by the PMAB on February 25, 2004. The Board recommended approval.
It
I
Move approval of Ordinance 35-04 by adopting the findings of fact and law contained in the staff
report, and finding that the approval thereof is consistent with the Comprehensive Plan and meets
the criteria set forth in Section 2.4.5(M) of the LDR's.
Attached: Ordinance 35-04
In-Lieu Fee District Map
Memo
To: City Commission
From: David Harden
CC:
Date.- September 1, 2004
" Re:. LDR Amendments Relating to In-Lieu Fees
I have placed this on the agenda because it has already been advertised. I recommend that
the Commission hold the public hearing to receive comments on the ordinance, but then
table the ordinance for the following reasons:
1. Attached is a table listing all the projects which have paid in-lieu fees. I believe this should
be reviewed to evaluate the impact on these projects if the proposed limitations on the
number of in-lieu parking spaces had been in place.
2. Rather than creating an Area 5, that area should be added to Area 2 since the areas are
adjacent and have the same fee amounts.
3. Subparagraph (E)(3)(b)(6) is not worded correctly, and even if it were, I believe it would
stJll be unclear.
4. In paragraph (E)(3), subparagraph (a) deals with New Development and subparagraph (b)
with Existing Buildings. It is not dear to me where Redevelopment and In-fill Development fit.
Also I question whether expansion of or additions to existing buildings should be included in
Redevelopment. In my opinion, the definitions need to be improved.
". CITY OF DELRAY'BEACH
NOTICE OF PROPOSED .AMENDMENT i
TO THE LAND DEVELOPMENT
REGULATIONS AMENDING
SUBSECTION 4.6.9(E) TO PROVIDE
FOR CHII~IGES IN THE IN-MEU
PARKING FEE, MAXIMUM NUMBER OF
IN-LIEU SPACES THAT MAY ~BE
PURCHASED, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING
SPACES, AMENDING THE IN
DISTRICT MAP TO REFLECT THE
· CREATION OF ANOTHER-AREA, AND
AMENDING APPENDIX "A"
The City Commission of the Ci~ of Delray Beach, Florida, proposes to adopt
the following ordinance:
'.
.... OROINANCE NO. 3504 ' .,
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(E), "LOCATION OF PARKING
SPACES" TO PROVIDE FOR CHANGES IN THE IN-LIEU PARKING FEE, MAXI-
MUM NUMBER OF IN-LIEU SPACES THAT MAY BE PURCHASED, ALTERNA-
TIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE
IN-LIEU FEE DISTRICT MAP TO REFLECT THE CREATION OF ANOTHER AREA;
· AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVEL-
OPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission Will conduct two (2) Public Hearings for the purpose
of accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on TUESDAY. AUGUST 3. 2004. AT 7:00 RM. in
the Commission Chambers at City Hall, 1 O0 N.W. 1st Avenue, Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a Second
F~ublic Hearing will be held on TUESDAY. AUGUST 17. 2004. AT 7:00 P.M.
(or at any continuation of such meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings and com~
merit upon the proposed ordinance or submit their comments in Writing on
or before the date of these hearings to the Planning .and Zoning
DePartment. For further information or' to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department, City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at
nzmail@mvdelra_vbeach.com) or by calling 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holi-
days.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CON-
SIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD PURSUANT TO F.S. 286;0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin
Acting City Clerk
PUBUSH: Monday, July 26, 2004
Tuesday, August 10, 2004
Boca. Raton/Delray Beach News..
Ad#NS070450
~.bocara,onne~.com · eoc~ R.~on~elra, Beac, Ne~ - ~on,~, ~ug,~ 30, 2004
Cl, OF DELRAY BEACH
NOTICE OF PROPOSED ~ENDMENT TO THE
~ND DEVELOPMENT REGU~TIONS
~EHDING, SUBSE~ION 4.6.9(E)TO PROVIDE
FOR CHANGES IN THE IN-LIEU PARKING FEE,
~XIMUM NUMBER OF IH-LIEU SPACES THAT
MAY BE PURCHASED, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING SPACES,
AND AMENDING THE IN-LIEU DISTRI~ MAP TO
REFLE~ EXPANSIOH OF AREA 2, AND
~ENDING APPENDIX
The Ci~ Commission of ~e Ci~ o~ Delr~ B~ch, FIo~da, pro~ses
adopt ~e ~llo~ng ordinance: '
ORDINANCE NO. 35-04
AN ORDI~NCE OF THE C~ CO~ISSION OF THE CI~ OF DEL~Y
B~CH, FLORIDA, ~NDING THE ~ND D~ELOPME~ REGU~-
TIONS OF THE CODE OF ORDINANCES, BY ~ENDING SEOlON
~.6~9, 'OFF-~RE~ PARKING REGU~TIONS", SUBSE~ION 4.6:9(E),.
"LOCATION OF PARKING sPAcES'''TO PROVIDE FOR CHANGES IN
THE IN-LIEU PARKING FEE, ~IMUM NUMBER OF IN-LIEU SPACES
THAT ~Y BE PURCHASED, ALTER~T~ES TO PURCHASING IN-MEU
PARKING SPACES, ~D ~ENDING THE IN-LIEU FEE DIURIl.
~P TO REF~ ~PANSION OF AR~ 2; ~ENDING APPENDIX
"A' BY ENA~ING A DEFINITION FOR "N~ D~ELOPMENT, REDE~
VELOPMENT AND IN,FIE D~ELO~ENT"; PROVIDING A SAVING
C~USE, A GENE~L REP~LER C~USE, AND AN EFFEOlVE DATE.
~e Ci~ Commission will condud ~o (2) Public H~rings ~r ~e pu~se
of accepting public ~fi~y ~arding ~e pro~s~ o~d~nance. ~e
fi~t Public H~Hng will be held on TUESDAY, SE~EMBER 7, 20~,
AT 7~O0 P.M. in ~e Commission Chambers at Ci~ Hall, 100 N.W. 1 st
Avenue, Delr~ B~ch, Florida. If ~e pro~s~ ordinance is pa~ on
first r~ding, a s~ond ~b~c H~Hng ~11 .be held on TUESDAY,
TEMPER 21, 2~, AT 7~ P.M. (or at any continuation of such
m~fin~ ,~ich is set by ~e Commission).
All i.~res~ citizens are invi~ to a~nd ~e public h~rings and ~m~
ment U~n ~e pm~S~ ordinan~ or submit ~eir c~ments in ~iting
on or he're ~e d~e of ~ese h~rings ~ ~e Hanning and ~ning
Depa~ent. FOr ~er in~rmafion or to ob~in a copy of ~e pro~
ordinance, pl~se coned ~e Planning and Zoning Depa~ent, Ci~
Hall~ 100 N.~ 1st Avenue, Delr~ B~ch, Florida 33~ .(email at
or by calling 561/243~70~0), be~een
the hours of 8:00 a.m. and 5:~ p.m., ~nd~ ~rough Frid~, exclud-
ing holid~..
PL~SE BE ADVISED THAT IF A PERSON DECIDES TO APPEL ANY
DECISION ~DE BY THE C~ CO~ISS1ON W~H RESPE~ TO ANY
~ER CONSIDERED AT THESE H~RINGS, SUCH PERSON ~Y
NEED TO ENSURE ~AT A VERBATIM RECORD INCLUDES THE TE~I-
MONY AND ~IDENCE U~N ~ICH THE APPEL IS TO BE BASED.
THE C~ ~ES ~T PRO, DE NOR PREPARE SUCH RECORD ~R-
SUANT TO F.S. 286.0105.
C~ OF DE~Y B~CH
Ch~elle D. Nubin
A~ng Ci~ Cie&
PUBUSH: ~d~, August 30, 2~4
T~, ~p~m~r 14, 2004
~ :. N~80~0