Ord 32-12 DENIEDORDINANCE NO. 32 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS ",
SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS ",
SUBSECTION (E), "LOCATION OF PARKING SPA O
REVISE THE IN -LIEU OF PARKING FEE A
THOSE PROPERTIES WITHIN BLOCK 69 THE OL
SCHOOL SQUARE HISTORIC ARTS D T ZONE;
PROVIDING A SAVING CLAUSE, A GE EALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City
health, safety and welfare of its citizens; and A#
WHEREAS, the City Commission
regulations pertaining to land use and devi�
WHEREAS, pursuant to LDR Section
proposed test amendment at a c hearin
recommend that the changes
WHEREAS,
as the Local Plann
objectives and poll
Planning
with the
OF DELRAY
the afo protect the
authority to make
: and
Iid Zoning Board reviewed the
24, 2012 and voted 7 to 0 to
163.3174(7c), the Planning and Zoning Board, sitting
that the change is consistent with and furthers the goals,
City of Delray Beach adopts the findings in the
of the City of Delray Beach finds the ordinance is consistent
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
JDA AS FOLLOWS:
Section 1. T49t Article 4.6, "Supplemental District Regulations ", Section 4.6.9, "Off- Street
Parking Regulations ", Subsection (E), "Location of Parking Spaces ", of the Land Development
Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(E) Location of Parl6ng Spaces:
(1) Street parking, parking located in the public right -of -way, or parking located in public
parking facilities shall not be used to satisfy on -site parking requirements, except as provided
for herein. The terms "on -site parking" and "off- street parking" are synonymous. However,
pursuant to the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the
construction of additional on- street public parking may reduce the number of in -lieu and
public parking fee spaces required.
(2) Required off - street parking shall be provided on the same to par e building and
uses for which it is required, except as provided for wNf
bsecti ). When the
provisions of Sections 4.6.9 (E) (3) or 4.6.9 (E) (4) cannot nd where uate right -
of -way exists, construction of additional on -stre es ditectl nd wholly
abutting the lot, or parcel, may be counted towar e g req ent of the
lot or parcel it is intended to serve, provided
(a) The adjacent right -of -way has not be pre kzed for parking or, in cases where
the adjacent right -of -way has bee d for y those spaces in addition to the
number of existing spaces sh e c d;
(b) Such parking spaces are clearly ed on ite plan designed in accordance with
appropriate City, County or State aidards, a licab ; and,
(c) Such parking spades shall be plal�licly accessible cannot be reserved or restricted by
the owners) enant(s) of the lot or parcel, unless approved by the City Commission
for special nts r valet pax ing.
One par ' ce cre all be given for each additional full space constructed abutting a
lot or parcel. an n- street parking space shall extend past a side property line of
the serves. treet pail located on the opposite side of the right -of -way, and
erty , as e ded to the opposite side of the right -of -way, may be
ounted to ff -street parking requirement when the adjacent lot is a
k�road or wat1w, and oes not warrant parking. In the event the City, County or State
ves the p g sp ces at any time for a public purpose, the property shall be
co red lawfiAVonconforniing with respect to parking.
(3) In -Lie sect to the limitations of this Section, new development, use conversion to
existing b gs, building additions and /or renovations, that result in the requirement to
provide n 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
2
Ord No. 32 -12
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 Re ovisions therein.
(b) Arrangements for payment shall be approved by the ' Commission e time of the
approval of the in -lieu fee. The fee amount shall d upon the ti on of the
property for which in -lieu fees are being sough - .Area tions and esponding
fee amounts are hereby established as follows:-�Ree'6brrespo map).
(1) Area 1: Parcels located east of th coastal erway w zoned CBD -
$18,200 per space.
(2) Area 2: Parcels located st o Intracoastal. Waterway hich are zoned CBD
or CBD -RC and whit e not ' d within the Pineapple Grove Main Street
area, West Atlantic Neigh ood or ontribudlig, Lots 1 -6 of Block 69 located
in the Old School Square His ric Arts ' t (O $SHAD) - $15,600 per space.
(3) Area 3: Parcels located within the OYHAD zoning district, except for
noncon ' tin Lo # 1 -6 of Block 69 as, noted in Area 2; and parcels located within
the Pi pp e Grove . Street area which are zoned CBD or CBD -RC - $7,800
pe ace.
(4) Area 4: ` "'1?arcels to ated' wi the West Atlantic Neighborhood which axe zoned
CBD - $4,000 per space.
ICJ All proceeds from such a fee shall be used for parking purposes.
property owners opting to pay in full, or lessees of properties, payment of the in -lieu
s due upon issuance of a building permit.
The e may be paid in full upon issuance of a building permit or in installments.
Applic for an in -lieu fee which is not paid in full at time of permit, must enter into
an In .,�.eu 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
3
Ord No. 32 -12
(e)
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. "dommoh,
In addition to in -lieu fees due, where adequate
proposed project for which an in -lieu parking fee h4
construct additional on- street parking, not to ex e(
to in -lieu fees unless authorized by the City GJM
up to one -half of a parking space for
right -of -way. (For example, the applic
applicant constructs 4spaces in the
fee for 2 spaces). Crediting of
fraction shall be rounded dow .
constructed in th
standards for new
(f) Requests to allow
plan modification
shall be the 1
paymenZi2de
plan m on.
parking space I
;ts to pay the in-
lacent to a
ie licant must
of es subject
it w' e credited
those
f ithin public
spaces; the
pay the in -lieu
resulting in a
parking spaces
or -wa y
meet the performance
ciated with a site plan or a site
st is approved. The fee charged
)went Regulations at the time
the associated site blan or site
Section 2.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 3\ That all ordinances or parts of ordinances in conflict herewith shall be, and the
same are hereby.repealed.
Section 4. this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
, 2012.
4
Ord No. 32 -12
ATTEST:
m Cl- 1\9
\lll\w\-,
City Clerk
First Reading
Second Reading
MAYOR
Ord No. 32 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: September 24, 2012
Page 1 of 2
SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 32-12
ITEM BEFORE COMMISSION
The item before the City Commission is that of approval of a City - initiated text amendment to the Land
Development Regulations (LDR) Section 4.6.9(E)(3)(b) pertaining to the in -lieu fee amount for
properties located within a portion of Block 69 of the Old School Square Historic Arts District
( OSSHAD).
BACKGROUND
The in -lieu of parking fee for properties within the OSSHAD (Old School Square Historic Arts District)
zoning district, with the exception of Block 69, is $7,800. Block 69 currently requires an in -lieu of
parking fee in the amount of $15,600, which is the same as parcels located west of the Intracoastal
Waterway which are zoned CBD or CBD -RC.
The proposed LDR Amendment contained within Ordinance 32 -12 will reduce the required in -lieu of
parking fee from $15,600 to $7,800 for those properties within Block 69 which do not front East
Atlantic Avenue. Further, for Lots within Block 69 that front on East Atlantic Avenue and which are
classified as "contributing" shall also be subject to the reduced rate of $7,800.
Currently, there are six buildings which front East Atlantic Avenue, two of which are classified as
contributing, and four of which are recommended to be reclassified to contributing from non-
contributing. In 2010, the four property owners requested that they not be reclassified, and the City
Commission approved this request. The uses within the non - contributing buildings are restaurant, stand-
alone bar, and retail (art gallery). The uses within the two contributing buildings are restaurant, retail,
personal services (salon), and office.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) considered Ordinance 32 -12 at its September 19, 2012
http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 6038 &MeetingID =390 10/25/2012
Coversheet Page 2 of 2
meeting, where a recommendation of approval was made to the Planning and Zoning Board, with the
suggestion that properties classified as contributing within Lots 1 -6 of Block 69 are also subject to the
lower in -lieu fee of $7,800. (The original version of Ordinance 32 -12 did not reflect this; the current
version has been amended.)
The Planning and Zoning Board considered Ordinance 32 -12 at their September 24, 2012 meeting and
a recommendation of approval was made with the suggestion that properties classified as contributing
within Lots 1 -6 of Block 69 are also subject to the lower in -lieu fee of $7,800. (Ordinance 32 -12 reflects
this suggestion, as indicated above.)
The Parking Management Advisory Board (PMAB) considered Ordinance 32 -12 at their September 27,
2012 meeting and recommended approval, but with only a 90 day window for those properties on lots 1-
6 which are not currently classified as contributing in the LDR's to opt in to being reclassified as
contributing.
RECOMMENDATION
By motion, approve on First Reading, Ordinance 32 -12, a City - initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the Staff Report and
finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M)(5), with second reading to occur on October 16, 2012.
http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6038 &MeetinglD =390 10/25/2012
ORDINANCE NO. 32 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.6.9,
"OFF- STREET PARKING REGULATIONS ", SUBSECTION (E),
"LOCATION OF PARKING SPACES ", TO REVISE THE IN -LIEU OF
PARKING FEE APPLIED TO THOSE PROPERTIES WITHIN BLOCK
69 OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
ZONE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text
amendment at a public hearing held on September 24, 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 Article 4.6, "Supplemental District Regulations ", Section 4.6.9, "Off -Street Parking
Regulations ", Subsection (E), "Location of Parking Spaces ", of the Land Development Regulations of the City
of Delray Beach, Florida, shall hereby be amended to read as follows:
(E) Location of Parldng Spaces:
(1) Street parking, parking located in the public right -of -way, or parking located in public parking facilities
shall not be used to satisfy on -site parking requirements, except as provided for herein. The terms
"on -site parking" and "off -street parking" are synonymous. However, pursuant to the requirements of
Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional on -street public
parking may reduce the number of in -lieu and public .parking fee spaces required.
(2) Required off -street parking shall be provided on the same lot, or parcel, as the building and uses for
which it is required, except as provided for within this Subsection (E). When the provisions of
Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right -of -way exists,
construction of additional on -street parking spaces directly and wholly abutting the lot, or parcel, may
be counted towards the off -street parking requirement of the lot or parcel it is intended to serve,
provided that:
(a) The adjacent right -of -way has not been previously utilized for parking or, in cases where the
adjacent right -of -way has been used for parking only those spaces in addition to the number of
existing spaces shall be counted;
(b) Such parking spaces are clearly marked on the site plan and designed in accordance with
appropriate City, County or State standards, as applicable; and,
(c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the
owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special
events or valet parking.
One parking space credit shall be given for each additional full space constructed abutting a lot or
parcel. No part of an on -street parking space shall extend past a side property line of the lot it serves.
On -street parking located on the opposite side of the right -of -way, and within the property lines, as
extended to the opposite side of the right -of -way, may be counted toward fulfilling the off -street
parking requirement when the adjacent lot is a railroad or waterway, and it does not warrant parking.
In the event the City, County or State removes the parking spaces at any time for a public purpose,
the property shall be considered lawfully nonconforming with respect to parking.
(3) In -Lieu Fee: 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.
2
Ord No. 32 -12
(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 noncontributing Lots 1 -6 of 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 noncontributing
Lots 1 -6 of 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.
(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.
'11e 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.
3
Ord No. 32 -12
(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; die applicant constructs 4spaces 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.
(i} 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 2. 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 3. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are
hereby repealed.
reading.
Section 4. That this ordinance shall become effective immediately upon its passage on second and final
PASSED AND ADOPTED in regular session on second and final reading on diis day of
.2012.
ATTEST:
City Clerk
First Reading
Second Reading
IvLAYOR
4
Ord No. 32 -12
PLANNING &ZONING BOARD
STAFF REPORT
MEETING DATE: SEPTEMBER 24, 2012
AGENDA ITEM: ORDINANCE 32 -12, CITY INITIATED AMENDMENT TO LDR SECTION
4.6.9(E), TO REVISE THE IN -LIEU OF PARKING FEE APPLIED TO A
PORTION OF THOSE PROPERTIES WITHIN BLOCK 69 OF THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT ( OSSHAD) ZONE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding Ordinance 32 -12 for an LDR (Land Development Regulation) text amendment to
Section 4.6.9(E)(3)(b) pertaining to the in -lieu fee amount for specific properties located within a
portion of Block 69 of the Old School Square Historic Arts District ( OSSHAD).
BACKGROUND & LDR AMENDMENT DESCRIPTION
The in -lieu of parking fee for properties within the OSSHAD (Old School Square Historic Arts
District) zoning district, with the exception of Block 69, is $7,800. Block 69 requires an in -lieu of
parking fee in the amount of $15,600, which is the same as parcels located west of the
Intracoastal Waterway which are zoned CBD or CBD -RC.
Block 69 is located within the Old School Square Historic District and consists of approximately
19 properties, a majority of which are either classified as contributing (historic) to the historic
district, or are deemed eligible for the contributing classification. While other blocks within the
district have benefitted from adaptive reuse and further development of historic properties,
properties within Block 69 which do not front East Atlantic Avenue have not found such success.
Further, in the last ten years, three historic structures have been demolished within this block,
and one historic structure has been relocated. The provision of an incentive equal to the
balance of the Old School Square Historic District should be considered by reducing the in -lieu
fee to $7,800.
It is important to note that Ordinance 74 -04 (adopted January 18, 2005) expanded Area 2 (see
attached map) to include all of Block 69 among other parcels. The reasoning for differentiating
between Block 69 and the rest of the OSSHAD zoning district is not explained in back up
documentation for the Ordinance. However, the inclusion of the entire block is thought to have
been done in error, whereas it is likely that only Lots 1 -6 (Lots which front on East Atlantic
Avenue) were intended to be included in Area 2.
The current LDR Section 4.6.9(E)(3) is shown below, with the prepared changes depicted in
underlined text. The complete Ordinance is attached for further reference.
(3) In -Lieu Fee: 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
Planning & Zoning Board Meeting of September 24, 2012 / Page 2 of 3
Ordinance 32 -12; LDR Amendment re: OSSHAD In -Lieu Fees
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 Lots 1 -6 of 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 Lots 1 -6 of
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.
SCHEDULE FOR REVIEW
The Historic Preservation Board (HPB) considered Ordinance 32 -12 at its September 19,
2012 meeting, where a recommendation of approval was made to the Planning and Zoning
Board, with the revision that properties classified as contributing within Lots 1 -6 are subject to
the lower in -lieu fee of $7.800. Note: There are six buildings which front East Atlantic Avenue,
two of which are classified as contributing, and four of which are recommended to be
reclassified to contributing from non - contributing. In 2010, the four property owners requested
that they not be reclassified, and the City Commission approved this request. The uses within
the non - contributing buildings are restaurant, stand -alone bar, and retail (art gallery). The uses
within the two contributing buildings are restaurant, retail, personal services (salon), and office.
The Parking Management Advisory Board will consider Ordinance 32 -12 at its September 27,
2012 meeting. The recommendation will be forwarded to the City Commission.
The City Commission will consider Ordinance 32 -12 at its meetings of October 2, 2012 (First
Reading) and October 16, 2012 (Second Reading).
2
Planning & Zoning Board Meeting of September 24, 2012 / Page 3 of 3
Ordinance 32 -12: LDR Amendment re: OSSHAD In -Lieu Fees
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of Ordinance 32 -12 for an LDR
amendment to Section 4.6.9(E), to reduce the in -lieu of parking fee from $15,600 per space to
$7,800 per space for all lots within Block 69, except Lots 1 -6 which face East Atlantic Avenue.
The current $15,600 fee would continue to apply to Lots 1 -6, which face East Atlantic Avenue.
3
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N IN -LIEU FEE DISTRICTS
a49111111110- (NOTE: ALL DOLLAR AMOUNTS LISTED BELOW ARE PER SPACE)
CITY OF DELRAY BEACH, FL AREA 1 - $ 18,200 AREA 2 - = 15,600 AREA 3 - E 7,800 AREA 4 - E 4,000
PLANNING & ZONING DEPARTMENT
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