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Ord 08-13ORDINANCE NO. 08 -13 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 4.4.13 "CENTRAL. BUSINESS (CBD) DISTRICT ", SUBSECTION 4.4.13 (G) (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS" TO PROVIDE FOR PARKING REGULATIONS GOVERNING CALL CENTERS; 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 March 18, 2013, and voted 4 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 4.4.13 "Central Business (CBD) District ", Subsection 4.4.13 (G), "Supplemental District Regulations ", Subsection (1) "Central Core and Beach Area Supplemental Regulations" 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: (1) Central Core And Beach Area Supplemental Regulations (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non- residential uses, except restaurants, hotels and motels, aftd business and professional offices, and call centers, shall be one space for each 300 squaw feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G) (1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If the required parking is not or cannot be provided on --site or off site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) For all property located from Swinton Avenue. on the west to NE /SE 5th Avenue to the east, between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3), the parking requirement for restaurants is established at 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft of gross floor area over the initial 6,000 sq. ft., with the exception of Old School Square. The parking requirement for restaurants in the balance of the Central Core and Beach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 03 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooins, and shops and 12 spaces pet 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial. 6,000 sq. ft., for restaurants and lounges within a hotel or motel on property located from Swinton Avenue on the west to NE /SE 5th Avenue to the east, between Atlantic Avenue and the east --west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3). In the balance of the Central Core and Beach Area, the rriinirnurn parking requirement is six (6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants and lounges within the hotel or motel. ORD. NO. 08 -13 (fj The parking requirements for residential units in multi- family structures and mixed -use buildings shall be as follows: • Efficiency dwelling unit 1.0 space /twit 1 1 .25 • One bedroom dwelling unit aces /unit 1.75 • Two or more bedroom dwelling unit spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 Spaces/Unit - for units 21 -50 0.30 /unit space - for units 51 and above 0.20 spaces/unit (g) Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. (h) Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (i) The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and 3_ The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. 3 ORD. NO. 08 -13 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 pacts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective inimediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and 1 din on this the 16'" day of April, 2013, ATTFW MAYOR Q: 04Le-�'4 .tq City lerk �J First Reading Second Readin�o 3 ORD. NO. 08 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: April 8, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF APRIL 16, 2013 ORDINANCE NO. 08-13 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading to consider a city- initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13 (G)(1), "Central Core and Beach Area Supplemental Regulations ", to provide for parking regulations governing call centers. BACKGROUND At the first reading on April 2, 2013, the Commission passed Ordinance No. 08 -13 with direction to remove the West Atlantic Overlay District from the increased parking requirement. This change in reflected in the attached ordinance for second reading. RECOMMENDATION Recommend approval of Ordinance No. 08 -13 on second and final reading. http:// itwebapp / Agendalntranet /Bluesheet.aspx "ltem1D= 6680 &MeetingID =446 4/22/2013 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 27, 2013 SUBJECT: AGENDA ITEM 12A - REGULAR COMMISSION MEETING OF APRIL 2, 2013 ORDINANCE NO. 08-13 ITEM BEFORE COMMISSION Page 1 of 2 Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will require the same parking requirement for call centers located in the CBD commensurate with those allowed elsewhere throughout the city. BACKGROUND Call centers can fit as many as eight (8) or more agents per 1,000 sq. ft., where a conventional office has an average of four (4) employees per 1,000 sq. ft. Where these facilities have opened up, it has become clear that the conventional office use parking requirement that existed was inadequate. An LDR amendment was approved (Ord. 22 -11) in mid 2011 that created a definition of Call Center, and further specified a parking ratio of two (2) spaces per 1,000 sq. ft. of gross floor area, plus one (1) space per work station as shown on the related floor plan. When the initial amendment for Call Centers was processed, the requirement did not apply to all areas of the CBD. For example, in the Central Core of the CBD, minimum required parking in the area bounded by Swinton Ave to the west, North 2nd Street and South 2nd Street to the north and south, respectively, and the Intracoastal Waterway to the east, is one (1) space per 300 sq. ft. of gross floor area, except for restaurants, hotels and motels, and business and professional offices. The same situation occurs in the West Atlantic Overlay District, where call centers have the same one (1) space per 300 sq. ft. of gross floor area. In each of these areas, call centers were not added to the list of uses that are to be considered under higher requirements. Given the intensity of this type of use it should have been, and this amendment addresses this. The proposed amendment will require the same parking requirement for call centers wherever they are located, including the Central Core and West Atlantic Neighborhood sections of the CBD. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their March 18, 2013 meeting and a unanimous recommendation of approval was made. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6644 &MeetingID =444 4/8/2013 Coversheet RECOMMENDATION Page 2 of 2 By motion, approve Ordinance No. 08 -13 on first reading for 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 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/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6644 &MeetingID =444 4/8/2013 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MARCH 18, 2013 AGENDA NO: VI. C. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.13(G) "SUPPLEMENTAL DISTRICT REGULATIONS ", SUBSECTIONS (1) AND (2), TO APPLY THE SAME PARKING REQUIREMENT FOR CALL CENTERS IN THE CBD AS THEY ARE REQUIRED THROUGHOUT THE CITY. 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 will require the same parking requirement for call centers located in the CBD commensurate with those allowed elsewhere throughout the city. 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 June 20, 2011, the Planning and Zoning Board recommended approval of an amendment that added a definition for Call Center, and assigned a ratio of two (2) spaces per 1,000 s. ft. of gross floor area, plus one (1) space per work station as shown on the related floor plan. Ordinance 22- 11 was subsequently adopted by the City Commission on July 19, 2011. The amendment was processed because such uses were known to house an increased number of employees in smaller office spaces (cubicles) than more typical office uses. Call centers can fit as many as eight (8) or more agents per 1,000 sq. ft., where a conventional office has an average of four (4) employees per 1,000 sq. ft. Where these facilities have opened up, it has become clear that the conventional office use parking requirement that existed was inadequate. When the initial amendment for Call Centers was processed, the requirement did not apply to all areas of the CBD. For example, in the Central Core of the CBD, minimum required parking in the area bounded by Swinton Ave to the west, North 2nd Street and South Second Street to the north and south, respectively, and the ICW to the east, is one (1) space per 300 sq. ft. of gross floor area, except for restaurants, hotels and motels, and business and professional offices. The same situation occurs in the West Atlantic Overlay District, where call centers have the same one (1) space per 300 sq. ft. of gross floor area. In each of these areas, call centers were not added to the list of uses that are to be considered under higher requirements. Given the intensity of this type of use it should have been, and this amendment addresses this. The proposed amendment will require the same parking requirement for call centers wherever they are located, including the Central Core and West Atlantic Neighborhood sections of the CBD. Planning and Zoning Board Meeting, March 18, 2013 LDR Amendment - Parking for Call Centers in the CBD 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 amendment will add the parking requirements specific for call centers to the Central Core and the West Atlantic Neighborhood consistent with what has been enacted for the balance of the city. REVIEW BY OTHERS 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 Adoption of this ordinance will clarify the original intent to include the same parking requirements for call centers throughout the entire city. The use will continue to be permitted in the CBD, but will have to provide sufficient parking based upon that specific use. The omission of these increased parking requirements within the CBD area, where parking is limited, was an oversight which is being corrected with this amendment. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.13(G) "Supplemental District Regulations ", Subsections (1) And (2), To Apply The Same Parking Requirement For Call Centers In the CBD As They Are Required Throughout The City, 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) 2 Planning and Zoning Board Meeting, March 18, 2013 LDR Amendment - Parking for Call Centers in the CBD C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.13(G) "Supplemental District Regulations ", Subsections (1) And (2), To Apply The Same Parking Requirement For Call Centers In the CBD As They Are Required Throughout The City, 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, Section 4.4.13(G) "Supplemental District Regulations ", Subsections (1) And (2), To Apply The Same Parking Requirement For Call Centers In the CBD As They Are Required Throughout The City„ 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: • Ordinance No. 08 -13 3 CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances at 7:00 p.m. on TUESDAY, APRIL 16, 2013 (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers, 100 N.W. 1St Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 06-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD 660 FEET WEST OF SW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 08-13 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 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION 4.4.13 (G)(1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS" TO PROVIDE FOR PARKING REGULATIONS GOVERNING CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, 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, MMC City Clerk PUBLISH: Friday, April 5, 2013 Instructions to Newspaper: This is a standard legal advertisement to be published in the legal /classified section of the newspaper. There are no special requirements. Thank you. s: CityClerk/Advertising20l 3 /ShellforCaptionAds