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Ord 47-98 Failed 2nd Reading · FAILED ON 2ND/FINAL READING - JANUARY 19, 1999 ORDINANCE NO. 47-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS" , SUBSECTION 4 . 6 . 9 (E) , "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION 4.4.13 (G) , "SUPPLEMENTAL DISTRICT REGULATIONS" , TO EXCLUDE RESTAURANTS FROM THE REDUCED PARKING REQUIREMENT IN THAT CERTAIN AREA OF THE CBD MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on October 19, 1998, and voted 4 to 1 to forward the changes with a recommendation of approval; 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 changes are consistent with and further the 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 Chapter Four, "Zoning Regulations" , Article 4.6, "Supplemental District Regulations" , Section 4.6.9, "Off-Street Parking Regulations", Subsection 4 . 6 . 9 (E) , "Location of Parking Spaces", of the Land Development Regulations of the Ci ty 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 reauirements of Section 4.6.9(E) (3) (e) , the construction of additional on-street public parkina may be used to off-set the total dollar amount due under an in-lieu fee aqreement with the City. FAILED ON 2ND/FINAL READING - JANUARY 19, 1999' . . FAILED ON 2ND/FINAL READING - JANUARY 19, 1999 (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: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OS SHAD and GC (West Atlantic Avenue Overlay District) zoning districts in compliance with the supplemental district regulations provisions therein. (b) The fee is hereby established at $¢IØØØ $12,000 per space. Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. (c) All proceeds f rom such a fee shall be used for parking purposes. (d) The in-lieu fee may be paid at one time or in installments. Applicants for an in-lieu fee who are approved, and who do not pay the entire fee UP front. must enter into an In-Lieu of Parkinq Fee Aqreement with the City. Such aqreement shall be recorded with the land records office of Palm Beach County. Florida. The obliqations imposed by such an aqreement constitute a restrictive covenant upon a property subiect to an In-Lieu of parkinq Fee Aqreement. and shall bind successors, heirs and assiqns. The restrictive covenant shall be released upon full payment of the in-lieu parkinq fees includinq interest, attorneys' fees and costs. In-lieu aqreements may only be made between the City and the Owner(s) of the subiect property. In-lieu aqreements shall not be made with tenants. If an in-lieu aqreement is entered into, installment payments shall be made over a two year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon siqninq the - 2 - Ord. No. 47-98 FAILED ON 2ND/FINAL READING - JANUARY 19, 1999 , ' . . . FAILED ON 2ND/FINAL READING - JANUARY 19, 1999 I aqreement. The second installment shall be i 25% of the total fee and is due on the first I anniversary date of the siqninq of the I aqreement. The third and final payment of 25% of the total fee is due on the second anniversary date of the siqninq of the aqreement. A fixed annual interest rate of 8% shall apply to the unpaid balance and be added to payments two and three. Interest beqins to accrue on the unpaid balance upon the date the in-lieu aqreement is executed. Unless the applicant has entered into an in-lieu aqreement with the City. the in-lieu parkinq fee shall be paid in full at the time of submission of a buildinq permit application. t~¢t~tt¢~~t /¢~i¢~~t¢ /¢~ý /~~ ¢~¢~//¢ý~t//~//~t~~//ý~~t//¢~tt¢¢//t~//t~~ ¢~i¢~~t¢¡ / /t¥l~ /f-tt¢t /ý;~i¢~~t /Ý/¢ÝJ.t¢ /~~ /¢ÝJ.~ ÝJ.¢¢~/¢t~~t~~/t¥l~/t~¢t~tt¢~~t/~~t~~¢~~t¡//t¥l~ t~¢~t~t~~ / /~t~~ / /¢~i¢~~t¢ / /Ý/¢ÝJ.t¢ / /~~ / /¢ÝJ.~ ~~~ÝJ.~ttý¡ //~¢ /t~t~t~¢t /t¢ /t¢ /~~ /¢¥l~t~~¢ ¢ÝJ.tt~~/t¥l~/f-tt¢t/t¥lt~~/^~Y/ý~~t¢¡//~~~t~~t~~ t~ /ý~~t /f-¢ÝJ.t /¢f- /t¥l~ /¢~i¢~~t /¢¢¥l~¢ÝJ.t~¡ /~ ¢t¢ý;t~ /t~t~t~¢t /t~t~ /¢f- /rp~ /¢~t /~~~ÝJ.¢ /ý/ttt ~¢¢tý/t¢/t¥l~/ÝJ.~¢~t¢/~~t~~¢~/~~¢/~~/~¢¢~¢/t¢ ¢~i¢~~t¢/f-tý~/t¥lt¢ÝJ.~¥l/t~~¡ (e ) In addition to in-lieu fees due, where adeauate riqht -of -way exists ad-; acent to a proposed pro-;ect for which an in-lieu parkinq fee aqreement has been approved. the applicant must construct additional on-street parkinq. not to exceed the total amount of spaces sub-;ect to in-lieu fees unless authorized by the City Commission. The total in-lieu fee due shall be reduced by an amount eaual to the actual construction costs. but in no event to exceed total in-lieu fees. for these on-street spaces includinq street liqhtinq. Additional credit. not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streetscape beautification elements in the public riqht-of-way. Beautification improvements may include. but are not limited to. paverbrick walkways. street furniture and - 3 - Ord. No. 47-98 FAILED ON 2ND/FINAL READING - JANUARY 19, 1999 . ' , FAILED ON 2ND/FINAL READING - JANUARY 19, 1999 landscapinq. Credi t may not be taken for those streetscape elements listed in Section 4.4.13 (I) (2) (f) which are reauired to meet the performance standards for new developments in the CBD over 30 dwellinq uni ts per acre. Nei ther credi t for construction of on-street spaces, nor credit for construction of beautification elements shall be reimbursed until such construction has been fully completed. Section 2. That Chapter Four, "Zoning Regulations" , Article 4 . 4, "Base Zoning District" , Section 4 . 4 . 13, "Central Business (CBD) District", Subsection 4.4.13 (G) , "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. ( 1 ) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south, parking requirements shall apply to new floor area and restaurants only. Except for restaurants, ¢£hanges in use (both residential and nonresidential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor area~ except restaurants. shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD zone district, the provisions of Section 4.6.9 (C) shall apply, as further modified within this subsection (G) (1) . Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. FAILED ON 2ND/FINAL REÃD!NG - JANUARY 19,0~~99NO. 47-98 . ' . - ~.----_._-~ Section 4. 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 S. That 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 the day of , 1998. MAYOR ATTEST: City Clerk First Reading November 17, 1998 (Passed 5-0) Second Reading December 1, 1998 (Continued to 1/19/99) January 11, 1999 FAILED ON 2ND/FINAL READING - 5 - Ord. No. 47-98 . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER W1 SUBJECT: AGENDA ITEM # 10 Ò - REGULAR MEETING OF JANUARY 19 , 1999 ORDINANCE NO. 47-98 (IN LIEU OF PARKING REGULATIONS) DATE: JANUARY 15, 1999 ------------------------------------------------------------------ ------------------------------------------------------------------ On December 1, 1998, the City Commission considered Ordinance No. 47-98 at a public hearing. Upon hearing testimony and after discussion, it was the consensus of the Commission to remand the ordinance to the Parking Management Advisory Board for further study and refinement, with direction that the in lieu of parking fee issue be workshopped on January 12, 1999. The Parking Board reviewed the proposed in lieu fee provisions on January 4, 1999, and forwarded recommendations to the City Commission. After discussion at the workshop, the Commission reached a consensus and provided direction on revisions to be made to the proposed in lieu of parking fee ordinance. Since the changes represent substantive changes to the initial ordinance, a new Ordinance No. 4-99 has been drafted and is on the January 19th agenda for consideration on first reading. In view of the revised ordinance, the recommendation is to deny Ordinance No. 47-98 on second and final reading to give closure to that particular proposal. f)~o ref:agmemo12 . ' · f f/ em OJ;{). J.!1-c¡g M E M 0 RAN DUM (!cnlmuEJ) Iö 1/19/9'1 J wI Wol!ahop em ¡JP/99 TO: MAYOR AND CITY COMMISSIONERS .,4,e. ~tc.- ~/eaJ - FROM: CITY MANAGER~ 5/0 SUBJECT: AGENDA ITEM #/04- REGULAR MEETING OF DECEMBER 1, 1998 ORDINANCE NO. 47-98 (IN LIEU OF PARKING REGULATIONS) DATE: NOVEMBER 25, 1998 ------------------------------------------------------------------ ------------------------------------------------------------------ This is second reading and a public hearing for Ordinance No. 47 - 98 which amends LDR Section 4.6.9 (E) with respect to the in lieu of parking regulations. It also amends LDR Section 4,4,13(G), Supplemental District Regulations for the Central Business District, by excluding restaurants from the reduced parking requirement allowed within the area bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south. Ordinance No. 47-98 is the culmination of months of research and analysis by staff, as well as review by the Planning and Zoning Board, the Parking Management Advisory Board, the Downtown Development Authority and the Community Redevelopment Agency, A synopsis of the review and recommendation process is outlined in the attached staff report. The proposed changes are essentially as follows: ** an increase in the cost per space from $6,000 to $12,000; ** revisions to the financing option to allow installment payments over a 2-year period, with 50% paid at signing of the agreement and two annual installments of 25% on the first and second anniversary dates of the agreement; ** a fixed annual interest rate of 8% will be added to payments two and three; ** in lieu of agreements allowing installment payments shall not be made with tenants; and ** a provision requiring the construction of on-street parking where adequate right-of-way exists, and after construction is completed an offsetting reduction of the in lieu fee as a credit for such parking, including beautification elements. In addition, the clarifying language requested by Mr. Ellingsworth has been incorporated in the ordinance as outlined in the attached memorandum from Mr. Jambeck. The ordinance will become effective upon its passage on second and final reading. The provision related to excluding restaurants from the reduced parking requirement in a certain portion of the CBD is proposed since it is apparent that a reduced parking requirement is no longer needed as a redevelopment incentive, At first reading on November 17, 1998, the Commission passed the ordinance by unanimous vote. Approval is recommended. ref:agmemo12 . i~ 1 [IT' DF DELIA' BEA[H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRA Y BEACH F LOR I D A tw.e:d MEMORANDUM AII·America City , ~ III! DATE: November 23, 1998 1993 TO: City Commission David T. Harden, City Manager FROM: Jay T. Jambeck, Assistant City AttorneyW SUBJECT: Changes to In-Lieu Fee Ordinance The following is a summary of the changes made to the in-lieu fee ordinance that were requested by Commissioner Ellingsworth for its second and final reading: 1. In Section 4.6.9(E)(3)(d), language was added making clear that the interest on the unpaid portion of an in-lieu fee agreement shall begin to accrue upon execution of the agreement. 2, In Section 4.6.9(E)(3)(e), language was added clarifying that in no event shall the amount reimbursed for construction costs of on-street parking spaces exceed the total amount of in-lieu fees to be paid to the City. Attachment cc: Alison MacGregor Harty, City Clerk Diane Dominguez, Planning Director Ron Hoggard, Senior Planner in-lieu-Ietter2,jtj . . æ: IIl(pðYt Boca Raton News, Friday, November 20, 1998 7C em Of DEUlAY IUCII, FLOMIA IIOT1Ct Of MUC_ A PUBLIC HEARING will be held on tile tolloWlng p,oposed ordinances at 7,00 p,m, on TUESDAY, December 1st, 1998 (or at any continuation of such meeting which is set by tile Commis· sionl. in the City Commrssion Cham- bet's, lOll 1'1 W ISI Menue, Deiroy Beach, Florida at which time the City Gommi'3Sion will constder their aaop- ::~:l:=~d~~œ¿~let;:: ., City HaM, 100 1'1 W 1st Avenue Del- ray 1!eacf1, Florida, between the hou", ot 8 00 a m and 500 pm, Monday 'throuçh Fnday, """"pi holidays All ¡,.,teres1ed parties are invited to attend . and bE' he~rtf with respect to the pro roSPd ordrnances ORDIIWICE '11.47-1' 'AN DRDII<ANCE OF 1HE CITY COM- MISSI(1N OF THE CITY OF DURAY BEACH, FLORIDA, AMENDING SEC- 1101'1469 "DrFSTREE1PAR~ING REGULA1IONS SUBSECltOl< 46 9(E). "LOCATlOl< OF PARKII<G SPACES' ,C'F THE LAND DEV£lOP' MENT REGULATlOliS OF THf CITY OF DELRAy BEACH, TO PROVIDE fOR REVISED IN LIEU Of PARKING REGULAT 10l<S AMEI<DII<G SECTION 4413, 'CHITRAL BUSII<ESS (eBDi DISTRICT' SUBSECTIOl< 4.4.13(G\ SUPPLEMENTAL DISTRICT REGU- LATIONS, TO EXCLUDE RESTAU, RANTS FROM THE REOUCfO PARk 'NG REQUIREMEI<TS IN THAT CE R ¡All< AREA Of THE CBD MORE PAR, 1'ICULARLY DESCRIBED HfREIN PPOVIDING A,GENERAL REP!:ALfR ~LAUSE A SAVING CLAUSE, AND ,AN EFFECT IV!: DATE Plea~ be advised that if a person (11"(1ÔE'-::' '1.) 3.PPfal any decisíon made f', tt" CrflJ (r;¡mmlssiOn wtth respect ':1 dIn/ liidt]:,,; considered at tOOse N.·a""IJ~ o;urh person may need to f'''tsure that 3 vt"rbatim record ¡.,ctIJdes tht' testimony and evidence upon Nhllh ~ -tppeal is to be based The C~ does not provide nor prepare IõIJCh ~p(md P/lrsuant to F.S. 286 010;' Publish N')\,ørnb':!r 20, 1998 Boca Ramp t.Jews Ad '1806, - - · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtr1 SUBJECT: AGENDA ITEM #/{/A - REGULAR MEETING OF NOVEMBER 17 , 1998 ORDINANCE NO. 47-98 (IN LIEU OF PARKING REGULATIONS) DATE: NOVEMBER 11, 1998 ------------------------------------------------------------------ ------------------------------------------------------------------ This is second reading and a public hearing for Ordinance No, 47-98 which amends LDR Section 4.6.9 (E) with respect to the in lieu of parking regulations, It also amends LDR Section 4.4.13(G), Supplemental District Regulations for the Central Business District, by excluding restaurants from the reduced parking requirement allowed within the area bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south. Ordinance No. 47-98 is the culmination of months of research and analysis by staff, as well as review by the Planning and Zoning Board, the Parking Management Advisory Board, the Downtown Development Authority and the Community Redevelopment Agency, A synopsis of the review and recommendation process is outlined in the attached staff report, The proposed changes are essentially as follows: ** an increase in the cost per space from $6,000 to $12,000; ** revisions to the financing option to allow installment payments over a 2-year period, with 50% paid at signing of the agreement and two annual installments of 25% on the first and second anniversary dates of the agreement; ** a fixed annual interest rate of 8% will be added to payments two and three; ** in lieu of agreements allowing installment payments shall not be made with tenants; and ** a provision requiring the construction of on-street parking where adequate right-of-way exists, and after construction is completed an offsetting reduction of the in lieu fee as a credit for such parking, including beautification elements. In addition, the City Attorney's office made certain organizational and language changes which are outlined in the attached memorandum from Mr. Jambeck. The provision related to excluding restaurants from the reduced parking requirement in a certain portion of the CBD is proposed as it appears that a reduced parking requirement J..s no longer needed as a redevelopment incentive. At first reading on November 3, 1998, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 47-98 on second and final reading, ref:agmemo12 · t,:i\ '1{'/ L .' [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH F LOR I D A tr.e.d MEMORANDUM AII·America City , III I! DATE: November 12, 1998 1993 TO: City Commission David Harden, City Manager FROM: Jay T. Jambeck, Assistmlt City Attorney)} SUBJECT: Changes to In-Lieu Fee Ordinance The following is a summary of the changes made to proposed ordinance 47-98 regarding in-lieu fees: 1. Section 4,6.9(E)(3)(d) was reorganized and certain other changes were made as outlined below. First, the language requires that applicants for an in-lieu fee who do not pay up front be required to enter into an in-lieu fee agreement. Such agreement is made to run with the land by creating a restrictive covenant that must be recorded with the land records office. The covenant is released upon full payment of the fee. Second, it is made explicit that in-lieu fee agreements are not to be made with tenants, Third, a fixed annual interest rate of 8 % applicable to the unpaid balance of installments was substituted for the previous rate of prime plus 1%. Fourth, it is made clear that if a fee agreement is inapplicable (either it is a tenant paying the fee or an owner chooses to pay the entire fee up front), then the fee must be paid in full at the time of submission of a building permit application. 2. Language was added to Section 4.6.9(E)(3)(e) making clear that when an applicant must construct on-street parking (i.e. an adequate right of way exists), that applicant need only construct as many spaces as would be subject to in-lieu fees. In addition, language was added clarifying that an applicant may only be reimbursed for construction of on-street spaces or for construction of beautification elements after such construction has been completed. Attachment cc: Alison MacGregor Harty, City Clerk Diane Dominguez, Planning Director Ron Hoggard, Senior Planner , . ORDINANCE NO. 47-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9 (E) , "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS ( CBD ) DISTRICT" , SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS" , TO EXCLUDE RESTAURANTS FROM THE REDUCED PARKING REQUIREMENT IN THAT CERTAIN AREA OF THE CBD MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on October 19, 1998, and voted 4 to 1 to forward the changes with a recommendation of approval; 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 changes are consistent with and further the 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 Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9 (E) , "Location of Parking Spaces", 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) , the construction of additional on-street public parkinq may be used to off-set the total dollar amount due under an in-lieu fee aqreement with the City. . (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: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD and GC (West Atlantic Avenue Overlay District) zoning districts in compliance with the supplemental district regulations provisions therein. (b) The fee is hereby established at $~/ØØØ $12.000 per space. Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. (c) All proceeds from such a fee shall be used for parking purposes. (d) The in-lieu fee may be paid at one time or in installments. Applicants for an in-lieu fee who are approved, and who do not pay the entire fee UP front. must enter into an In-Lieu of parkinq Fee Aqreement with the City. Such aqreement shall be recorded with the land records office of Palm Beach County. Florida. The obliqations imposed by such an aqreement constitute a restrictive covenant upon a property subiect to an In-Lieu of Parkinq Fee Aqreement. and shall bind successors. heirs and assiqns. The restrictive covenant shall be released upon full payment of the in-lieu parkinq fees includinq interest. attorneys' fees and costs. In-lieu aqreements may only be made between the City and the Owner(s) of the subiect property. In-lieu aqreements shall not be made with tenants. If an in-lieu aqreement is entered into. installment payments shall be made over a two year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon siqninq the - 2 - Ord, No. 47-98 . ' aqreement. The second installment shall be 25% of the total fee and is due on the first anniversary date of the siqninq of the aqreement, The third and final payment of 25% of the total fee is due on the second anniversary date of the siqninq of the aqreement, A fixed annual interest rate of 8% shall apply to the unpaid balance and be added to payments two and three, Unless the applicant has entered into an in-lieu aqreement with the City. the in-lieu parkinq fee shall be paid in full at the time of submission of a buildinq permit application, t~¢t~tt¢~~t/p~ý¢~~t¢/¢~ý/~~/¢~¢~/¢j~t/~/~t~~ ý~~t /p~tt¢¢ /t~ /t~~ /p~ý¢~~t¢J //t~~ /ttt¢t p~ý¢~~t//w¢~t¢//~~//¢~~//~p¢~//¢tÐ~t~Ð//t~~ t~¢t~tt¢~~t/~Ðt~~¢~~tJ //t~~/t~¢~t~t~Ð/~t~~ p~ý¢~~t¢/w¢~t¢/~~/¢~~/~~~~~ttýJ//~¢/t~t~t~¢t t¢/t¢/~~/¢~~tÐ~¢/¢~tt~Ð/t~~/ttt¢t/t~t~~/^ty ý~~t¢J///~~Ðt~~t~Ð//t~//ý~~t//t¢~t//¢t//t~~ p~ý¢~~t/¢¢~~¢~t~//~/¢t¢pt~/t~t~t~¢t/t~t~/¢t %~//p~t//~~~~¢//wttt//~pptý//t¢//t~~//~~p~t¢ ~~t~~¢~//~~¢//~~//~¢¢~¢//t¢//p~ý¢~~t¢//ttj~ t~t¢~Ð~/t~~J ( e) In addition to in-lieu fees due, where adeauate riqht-of-way exists ad-;acent to a proposed pro-;ect for which an in-lieu parkinq fee aqreement has been approved, the applicant must construct additional on-street parkinq. not to exceed the total amount of spaces sub-;ect to in-lieu fees unless authorized by the City Commission. The total in-lieu fee due shall be reduced by an amount eaual to the actual construction costs for these on-street spaces includinq street liqhtinq. Additional credit, not to exceed 10% of the total fee. may be taken for the actual construction costs of approved streetscape beautification elements in the public riqht-of-way. Beautification improvements may include. but are not limited to, paverbrick walkways. street furniture and landscapinq. Credit may not be taken for those streetscape elements listed in Section 4.4.13 (I) (2) (f) which are required to meet the performance standards for new - 3 - Ord, No. 47-98 , . developments in the CBD over 30 dwellinq units per acre. Neither credit for construction of on-street spaces. nor credit for construction of beautification elements shall be reimbursed until such construction has been fully completed, Section 2. That Chapter Four, II Zoning Regulations II, Article 4,4, IIBase Zoning District II , Section 4.4,13, II Central Business ( CBD ) District" , Subsection 4.4.13(G), "Supplemental District Regulations" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4,6, except as modified below, the following shall also apply. (1 ) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south, parking requirements shall apply to new floor area and restaurants only. Except for restaurants, \l£hanges in use (both residential and nonresidential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor areaL except restaurants, shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD zone district, the provisions of Section 4,6.9(C) shall apply, as further modified within this subsection (G) (1) . Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 4 - Ord. No. 47-98 . . Section 4. 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 5, That this ordinance shall become effective on January 1, 1999, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 47-98 . TO: DAVID T. HARDEN, CITY MANAGER ~ ~ THRU: DIANE DOMINGUE~IRECTOR ' !~, FROM: ~~~ D, ~RPLANNER SUBJECT: CITY COMMISSION MEETING OF NOVEMBER 3, 1998 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR'S) DEALING WITH PARKING REQUIREMENTS IN THE CBD AND IN-LIEU FEE PROVISIONS. At its meeting of Tuesday, April 28, 1998, the PMB voted to request that the City Commission impose a moratorium on the approval of in-lieu parking fee agreements for development in that portion of the Central Business District (CBD) located east of the Intracoastal Waterway until the potential for additional public parking can be determined, and the current fee and financing options can been evaluated, The City Commission denied that request and asked that staff study the current regulations and make recommendations on a fee amount that more closely approximates the true cost of providing parking, and to review and make recommendations on the financing options. The attached LOR amendments have been drafted pursuant to recommendations of the Planning and Zoning Board, the Parking Management Advisory Board, the Downtown Development Authority and the Community Redevelopment Agency, The "In-Lieu Fee" report, also attached, is the result of staff's research and analysis of the current in-lieu fee provisions, Historic background, costs, financing options and other issues related to the proposed amendments were discussed at DDA, CRA, PMB and P&Z meetings in September 1998, Comments and recommendations were incorporated into the proposed language of the amendments, The specific code changes were then presented to each Board in October, 1998 for final recommendations. These recommendations are presented below. Planning & Zoning Board The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of October 19, 1998, There were no public comments on the proposal. The Board discussed financing issues, and whether or not interest should be charged. The consensus was that there should be interest charged for those who defer payment of the fees, Mr. Bird felt that the fee should reflect the average of the costs that were presented, and that $10,000 is more appropriate that the $12,000 proposed, The rest of I~·A· . City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 2 the Board supported the $12,000 figure. The Board recommended adoption of the proposed amendments by a vote of 4 to 1 (Bird dissenting due to the fee schedule) with the following change: · That interest be attached to all in-lieu fees that are not paid at time of building permit, at a rate of Prime plus 1 % (Prime to be established by the City's Finance Department). The suggested change has been incorporated into the proposed ordinance, Downtown Development Authority (DDAl The DDA held a public hearing on the proposed amendments at its meeting of October 21, 1998, Only three Board members were present for the meeting, Although 4 members are required for an affirmative vote, the consensus of the 3 Board members was to recommend approval of the proposed amendments with the following comments: · All proceeds from in-lieu fees should be used for capital improvements (i.e, actual construction of parking spaces); · If in-lieu fees are financed, the City should not be in a subordinate position to other lenders on the project; and, · Do not allow credit for beautification, Community Redevelopment Agency The CRA reviewed the proposed amendment at its October 22, 1998 meeting. The Board recommended approval of the proposed amendment with the following comments: · The proposed in-lieu fee should be reduced to $10,000; and, · The effective date of the ordinance should be January 1, 1999. Parking Management Advisory Board The proposed amendment was discussed at the Parking Management Advisory Board meeting on October 27, 1998, The Board discussed financing issues, and whether or not interest should be charged. The consensus was that, given the short timeframe to finance the in-lieu fee payment, there should not be any interest charged for those who finance payment of the fees, Two of the Board members felt that the $12,000 fee was too high and should be lowered, The rest of the Board supported the $12,000 figure. The Board also felt that lighting was a necessary component of parking and should not be limited to the 10% figure for beautification elements, The Board recommended approval of the amendments by a vote of 5-2 with the following comments: · There should not be any interest charged when fees are financed; and, · The effective date of the Ordinance should be January 1, 1999 , City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 3 The attached amendments are as recommended by the Planning and Zoning Board with the following revisions: · The effective date of the Ordinance is recommended to be January 1, 1999; · The PMB comment that lighting should be included as part of the construction cost for on-street parking was added; and, · Credit may not be taken for those streetscape elements listed in Section 4.4, 13(1}(2}(f) which are required to meet the performance standards for new developments in the CBD over 30 dwelling units per acre, By motion, approve the proposed amendments to LDR Section 4,6,9{E), Location of Parking Spaces, and 4.4,13{G), Supplemental District Regulations, CBD Zoning District as attached, based on findings and conditions as recommended by the Planning and Zoning Board, Attachment: · Proposed LDR Amendment . I City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 4 LDR Reference: 4,6.9(E) Location of Parking Spaces (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), the construction of additional on-street public parking may be used to off-set the total dollar amount due under an in-lieu fee agreement with the City, (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: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein (b) The fee is hereby established at $9 QQQ $12,000 per space. Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee, (c) All proceeds from such a fee shall be used for parking purposes, (d) The in-lieu fee may be paid at one time or in installments. Installment payments shall be made over a two year period, 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 first anniversary date of the signing of the agreement. The third, and final payment of 25% of the total fee is due on the second anniversary date of the signing of the agreement. Installment agreements may only be made between the City and the Owner(s) of the subject property, A fixed interest rate of prime plus 1 % will apply to the unpaid balance and be added to payments two and three, The prime rate shall be as determined by the primary financial institution of the City of Delray Beach on the date of signing of the agreement. In- Lieu parking fee agreements made with tenants shall be paid in full upon signing of the agreement. There shall be no interest due under this payment schedule, IR¡tallm8Rt ~aymgRb; m::¡y b8 madg g'.'gr ::¡ RiRg yg::¡r ~grigd iR tg :' ~::¡ym8Rtg. TI::18 tirgt ~::¡ymgRt \".'gyld bg dyg y~9R giQRiRQ tl::1g iR€t::¡lImgRt ::¡Qrggm81lt. TI::18 r;Qm::¡iRiRQ RiR8 ~aymgRtg wgyld b8 dyg ::¡RRyally, f>Jg iRtgr;Q€t ig tg b8 ~1::1::¡r:sgd dl.uiRQ tl::18 firgt \t.:Ir;Qg (J) yga¡:;g. ~gQiRRiRQ iR yg::¡r fgyr gf \1::18 ~::¡ymgRt €QI::18dYI8, ::¡ gim~lg · City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 5 iRtg~€t r~t8 gf 5% p8r ~RRLdr.:R '!IiII ~pply tg tR9 LdRp~ig b~I~R~8 ~R9 b8 ~9989 tg P~Yr.:R9Rt€ ~'Jg tRF9LdQR t8r:1, (e) Where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee agreement is being sought, the applicant must construct additional on-street parking, The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs for these on-street spaces including street lighting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streets cape beautification elements in the public right-of-way. These improvements may include, but are not limited to, paverbrick walkways, street furniture and landscaping, Credit may not be taken for those streetscape elements listed in Section 4.4,13(1)(2)(f) which are required to meet the performance standards for new developments in the CBD over 30 dwelling units per acre, LDR Reference: 4.4,13(G) Supplemental Regulations, CBD Zoning District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply, (1 ) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N,E, 1 st Street on the north, the Intracoastal Waterway on the east and S.E, 1 st Street on the south, parking requirements shall apply to new floor area and restaurants only, Except for restaurants, changes CRaRQg~ in use (both residential and non-residential) shall not be required to provide additional on-site parking, The parking required for the creation of new non-residential floor area, except restaurants shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated, Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6,9(C) shall apply, as further modified within this Subsection (G)(1), , ' · MEETING OF: OCTOBER 19,1998 AGENDA ITEM: V.E. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING REQUIREMENTS IN THE CBD AND IN-LIEU FEE PROVISIONS. 11 ' . , ,,"IIEIUlIjaefi~a.t;,[I"HI:§~~Rº!".. '¡,j I The item before the Board is that of making a recommendation to the City Commission on amendment of Section 4.6,9(E) Location of ParkinQ Spaces and Section 4.4.13(G) Supplemental District ReQulations. CBD of the Land Development Regulations (LRDs). The affected sections pertain to the subject of parking in the CBD and application of the in-lieu parking fees. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. I "Fii·iJF,.';;J"·,;:;;;:;i"'i'i ·'··"···'··'·8· ·A'..·'e'·..K·":G·"·R·········O..UJTN·'· ···D·"'·'+'F: ',>,', '.'."" ,.. ,'"," ....in "''''''''''', ·;"T'¡;iiÆH'·· "1 :.........!............,:...',.,._"',""'''.a:'_._.''''v."",.,,,,,:,,,.:.:,:,,,.:<.><,,~ '-_'.,.;',;', '.' ;".,.;_;_, '. "":" _,; ,_,. ,:'::;,...,.,,<>.... ,. '- . c·.~",.",.·:· " ;;;".'_;";:".,_,,.x_^:".;_~,.:..:i.::_.¡.. hY~'L¡':j¡;t:t%::-LliliE2U{:T:';::---:,::_-----/,,: ......-.' ":'- .......", -. '..'.'. .,.:,+-U::::f'·'::' ;~,,/-; /i" UWb-;:(:qü::< In the past year, several requests came before the Parking Management Advisory Board (PM B) for in-lieu parking for properties located east of the Intracoastal Waterway, There was considerable discussion at each of these meetings regarding parking availability in this area, The concern is that the supply of existing public parking is inadequate and the potential to provide additional public spaces is extremely limited, The PMB has continued to support the downtown redevelopment effort and the individual projects which it has reviewed and since the acceptance of an in-lieu fee agreement has been a necessary component of these projects, the Board has reluctantly voted to recommend approval of the agreements, The PMB has discussed the construction of a parking garage in this area as a method of meeting the increased demand for parking, However, there is considerable concern on how to fund the project and where it should be located. The problems of high land values, lack of vacant property and high construction costs for structured parking all need to be addressed. It is widely acknowledged that the current in-lieu fee of $6,000 is inadequate for the purchase of land and construction of surface or structured parking in this area. At its meeting of Tuesday, April 28, 1998, the PMB voted to request that the City Commission impose a moratorium on the approval of in-lieu parking fee agreements for , . Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 2 development in that portion of the Central Business District (CBD) located east of the Intracoastal Waterway until the potential for- additional public parking can be determined, and the current fee and financing options can been evaluated. The City Commission denied that request and asked that staff study the current regulations and make recommendations on a fee amount that more closely approximates the true cost of providing parking, and to review and make recommendations on the financing options. The attached LOR amendments have been drafted pursuant to comments at the Planning and Zoning Board meeting and at the PMB meeting. The "In-Lieu Fee" report, also attached, is the result of staff's research and analysis of the current in-lieu fee provisions. I '~¡¡¡I~J.I·ÄNA['t'$I$¡º5·I·RB,ºRº$íËD~AMíËNIf>MíËN:t$!' ~ LDR Reference: 4.6,9(E) Location of Parking Spaces (E) Location of ParkinQ 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), the construction of additional on-street public parkinq may be used to off-set the total dollar amount due under an in-lieu fee aqreement with the City. (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: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein (b) The fee is hereby established at $6, 000 $12,000 per space. Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. (c) All proceeds from such a fee shall be used for parking purposes. (d) The in-lieu fee may be paid at one time or in installments. Installment payments shall be made over a two year period. The first installment . ' · Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LOR Section Page 3 shall be 50% of the total fee and is to be paid upon sianina the aareement. The second installment shall be 25% of the total fee and is due on the first anniversary date of the sianina of the aareement. The third. and final payment of 25% of the total fee is due on the second anniversary date of the sianina of the aareement. Installment aareements may onlv be made between the City and the Owner(s) of the subject property. In-Lieu parkinq fee aareements made with tenants shall be paid in full upon sianina of the aareement. There shall be no interest due under this payment schedule. Installment payments may be made over a nine year period in ten payments, The first payment would be due upon signing the installment agreement. The remaining nine payments would be due annually. No interest is to be charged during the first three (3) years. Beginning in year four of the payment schedule, a simple interest rate of 5% per annum will apply to the unpaid balance and be added to payments five through ten, (e) Where adequate riaht-of-wav exists adjacent to a proposed project for which an in-lieu parkina fee aareement is beina souaht. the applicant must construct additional on-street parkina. The total in-lieu fee due shall be reduced bv an amount equal to the actual construction costs for these on-street spaces. Additional credit. not to exceed 10% of the total fee. may also be taken for approved beautification elements in the public riaht-of-way. These improvements may include. but are not limited to. paverbrick walkways. decorative street liahtina. street furniture and landscapina, Analvsis: As described above, the in-lieu fee is an option that may be used when specific findings are made, that is, when it is determined to be impossible or inappropriate to provide the required parking on-site. In most cases involving new construction or additions to existing buildings, there is some ability to provide parking, These agreements may be accepted or rejected by the City Commission based on their appropriateness, The changes in the text are self-explanatory. Please refer to the attached In-Lieu Parking Fees Report with respect to the cost of providing parking, The change in the financing option is a recommendation of the Parking Management Advisory Board. The current nine-year payment period was considered to be too long for the City to construct enough new parking to keep pace with development. The financing option is limited to property owners since tenants may go out of business or change locations prior to making the total payment. The in-lieu fee will remain the same for all areas where it is permitted. The proposal to have a different fee for each area based on cost was rejected since the collected fees would then have to be spent in the area where they were collected. The proposed fee amount is closest to what it would cost to provide structured parking east of the Intracoastal Waterway. Since the cost of parking decreases with land values as we move westward, it becomes more economical for the developer to provide surface parking, thus encouraging private development of parking. , ' 0 Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 4 The addition to Section 4,6,9(E)(1) and the new subsection 4.6,9(E)(3)(e) implement another recommendation of the PMB, whereby the public right-of-way is utilized to provided additional parking adjacent to the demand. lDR Reference: 4.4.13(G) Supplemental Regulations, CBD Zoning District (G) Supplemental District ReQulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply, (1 ) ParkinQ: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south, parking requirements shall apply to new floor area and restaurants only. Except for restaurants, chanqes Ch:mges in use (both residential and non-residential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor area, except restaurants shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). Analvsis: The proposed changes apply only to restaurants in the portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S,E. 1st Street on the south. The success of the downtown as an entertainment district with restaurants and clubs has significantly increased the demand for off-street parking. Based on the current success of the downtown, it appears that a reduced parking requirement is no longer needed as a redevelopment incentive, The proposed change requires restaurants in this area to meet the same parking requirements as in the rest of the CBD, OSSHAD and the West Atlantic Avenue Redevelopment Area. The applicable rate is (6) spaces per 1,000 sq, ft. of floor area. This is still one-half the normal code requirement for the rest of the city. The requirement will be applied to changes in use as well as the construction of new floor area. Under the proposed regulations, restaurants will have to provide an additional 2.7 spaces per 1,000 sq, ft. than required under current code. REQUIRED FINDINGS lDR Section 2.4.5(M)(5). Amendment to the land Development ReQulations. FindinQs: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. 0' I Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LOR Section Page 5 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies wère noted: Future land Use Element Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: · deletion of inappropriate uses · incentives for locating retail on the ground floor with office and residential use on upper floors · accommodating parking needs through innovative actions · incentives for dinner theaters, playhouses, and other family oriented activities · allowing and facilitating outdoor cafes · incentives for mixed use development and rehabilitation · elimination of side yard setback requirements · allow structural overhang encroachments into required yard areas The provision of on-site parking is often limited by site constraints and issues relating to scale, building character and compatibility with surrounding properties, In these cases, the use of in-lieu parking fees provides developers with an innovative alternative-the parking requirement is met by the existing pool of public parking and the collected fees are used to off-set the City's costs to provide the parking, As available lease space diminishes and property owners seek to maximize the development and redevelopment potential of their properties, the use of in-lieu fees is expected to increase dramatically. The in-lieu fee parking option also provides a method for rehabilitation and changes of use to occur in existing buildings. The conversion of existing office space to retail, or retail space to restaurants, would be severely limited in buildings that have no ability to construct additional parking spaces. Typically these conversions require only one or two additional spaces (for example, the expansion of Cafe Luna Rosa and Cafe La Boheme into existing floor area required one space each; Java Bean Junction required two spaces). These projects involved substantial upgrades to existing buildings, which would probably not have occurred without the in-lieu option. For these trends to continue, the construction of new public parking must be timed to keep pace with development and sufficient money must be raised to purchase land and construct the necessary parking. The existing in-lieu parking fees and financing options are insufficient to meet these costs, The proposed amendments are intended to make the program a viable method to provide additional public parking in the downtown area, Future land Use Element Policy C-4.3 The City shall be the lead agency in pursuing the construction and operation of tiered parking structures with mixed uses in the CBD, Locations of parking facilities shall follow the CBD Development Plan required through Policy C-4.2 The City's commitment to revitalizing the downtown and the efforts of the CRA, DDA, and Chamber of Commerce, has produced a vibrant 20-hour downtown with a low . ' . Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 6 vacancy rate, high demand for lease space and increasing property values. As land values increase and vacant property diminishes, -parking structures become a practical and cost effective method of providing additional public parking, Downtown parking garages typically range in cost from $8,000 to $10,000 per space (excluding land), depending upon the size of the garage and upon the quality of the exterior architectural treatment. Many cities such as Charleston or Boulder require an attractive elevation on garages that blend in with the local architecture, These garages cost even greater than $10,000 per space. The current $6,000 in-lieu fee is inadequate for the purchase of land and construction of structured parking. The proposed amendment will increase the in-lieu fee. A positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan, 1'1:, /.;;,::,::.::,,",;;,:'.:,"'."::"'-':'"'-''' ,,,::,,,,,, -,- ~,-"-:.,, .1.'.·..·...:i;,.:I!~:iØîAêRI;.IRê~ìEVV$I¡I¡;·w···· "--.-.-.--.-., ;;;;';;:'" 'i" I ?: :'~ (:~~ ,':) >~?:-:'~:': >::,:::~: ,-:." ~:,::::~: :':'0: :,"<>'~ ..:':.: :.:::.,." . ,." ",.::~ :.' :" :'::>;.:,>. 'f>:":".:': ,_··..·.··_·'n'·' a~::"::·,,:~:·· " .--."".", ' ;,'.,' A general discussion of the issues relating to downtown parking and in-lieu fees occurred at the Downtown Development Authority (DDA) meeting on September 16, 1998. The following comments were made by the DDA: 1, The in-lieu fee should be raised to cover actual cost. 2. The fee should be paid up front. 3. The City should finance construction of a parking garage first. Developers can then buy spaces in the garage as needed. 4. We should contact parking companies such as All-Right to see what it would take to have them put up and manage a garage. 5. It is understood that we would have to start charging a fee for other public parking downtown to make a garage feasible, but the spaces directly on Atlantic Avenue should remain free. 6. The parking requirement for restaurants in the original DDA area of the CBD should be increased to match the requirements in the rest of the CBD. A list of issues relating to downtown parking and in-lieu fees was presented to the Parking Management Advisory Board (PMB) on September 22, 1998 for discussion and comment. The following comments were made: 1. In-lieu parking fees should continue to be used as a last resort. Developers should provide as much of their required parking as possible and exhaust all other alternatives before requesting in-lieu fees, 2, The in-lieu fee should be increased to $12,000. There should be one fee for all areas where in-lieu fees are permitted. 3. Payment of the fee may be financed under the following schedule: 50% to be paid up front; 25% after the first year and 25% after the second year. No interest is required. Tenants may not finance the payment. 4, The parking requirement for restaurants in the original DDA area should be increased to 6 spaces per 1000 square feet. It is currently 3.33 spaces per 1000 square feet. Conversions of existing structures must provide the additional parking. . ' Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 7 5. We will have a study prepared to determine the timing of constructing additional parking lots and/or a garage. 6. The board agreed that we would have to start charging for other parking in the downtown to make a garage feasible. 7, We should have a proactive approach to provide additional public parking as part of private redevelopment projects, 8. We should contact large parking companies now to determine what they would require to provide and manage a parking garage. 9. New on-street parking should be constructed where right-of-way permits as part of new development projects. The developer may take a credit against the in-lieu fee for constructing such spaces. Additional credit may be taken for approved beautification elements, such as street lighting, landscaping and paverbrick walkways. These improvements must be in the public right-of-way. The list of issues and comments from the PMB was presented to the Planning & Zoning Board on September 28, 1998 for discussion and comment. The following comments were made: 1. The consensus of the board was not to restrict the circumstances for which the in- lieu option can be used, 2. The dollar amount for in-lieu fees should be the same for all areas at $12,000. 3, Financing options should be modified per the Parking Management Advisory Board recommendation. 4. The parking requirements for restaurants in the first blocks along Atlantic Avenue should be increased as elsewhere in the CBD to (6) spaces per 1,000 square feet of floor area, 5. Regarding the construction of the parking, the Board felt that a financing plan should be in place first. 6. It is understood that if a garage is constructed there would have to be a fee for public parking. The Board felt that a fee should be charged even for the spaces along Atlantic Avenue. 7. The City should try to combine public parking with private parking where possible. 8. The City should begin meeting with companies that operate parking lots and garages to get an idea what it would take to build and manage a garage downtown. 9. New projects should be encouraged to construct on-street parking when possible to offset their in-lieu needs. The proposed amendments will be reviewed by the Community Redevelopment Agency on October 22, 1998. The amendments will also be presented to the DDA and PMB again for their final recommendations. The comments and recommendations from these Boards will be included in the final report to the City Commission for action. If,!!j" ,·,·.··:;;;!'·ÄIEJtr:E:~N~jJ¡IYI$;~Ç\l'iI~NS::¡! . ./., .;..:;:.,:......:.:;..·':'\'.i.,[']·;.1 1, Recommend approval based upon a finding that the proposed amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. . ' . Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 8 2. Recommend denial, in whole or in part, in that the proposed amendments are not appropriate with reasol'1 stated. 3. Continue with direction. I·,·· ···r{Ê:çØMMÊ:NDEPAÇ'[~ØN .'......., By motion, recommend that the City Commission adopt the amendments to LDR Section 4,6,9(E), Location of Parkinq Spaces, and 4.4.13(G), Supplemental District Requlations, CBD Zoning District as attached, based on a finding that the amendments further the goals, objectives and policies of the Comprehensive Plan which relate to the continued revitalization and redevelopment of the Downtown area, Attachment: . In-Lieu parking Fees Report Report Prepared by Ron Hoggard, Senior Planner . ' I - City Qfc Delray' Beaet1 In·- Lieu earkiJIg. Fees History, Costs and Issues October 1998 Prepared by the Planning and Zoning Department , , I Page 2 The History of In-Lieu Fees in Delroy Beqch In-lieu parking fee provisi<?ns have been included in the Delray Beach regulations since the Central Business District (CBD) zoning district was first created on November 13, 1973, [Ordinance No. 27-73]. The CBD district was the only zoning district to include provisions for in-lieu fees and their use was not allowed outside of this district. The boundaries for the CBD were established in February of the following year [Ordinance No. 2-74]. The CBD district, which represented a relatively small portion of the current CBD, generally included the first block north and south of Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway (See Map 1). SÚ1ce this area was already largely developed at the time, the ability for developers to provide additional on-site parking was limited, These provisions were provided as an alternate method for those wishing to construct a new building or an addition to an existing building to meet the parking requirements. The original language included in the Ordinance is as follows: (H) ALTERNATE OFF-STREET PARKING REQUIREMENTS (a) In the event the owner is unable to provide the required number and area for parking space for other than dwelling units, then the owner, if he so elects, may pay into the Downtown Development Authority a sum of money, to be determined as hereinafter set out, in lieu of the parking area shortage. Such payment shall be in place of the parking requirements needed as set out in G(3) above. (b) The cost per parking space shall be the total of a square foot assessed value of the property as per formula plus $3.00 per square yard of parking space required. In computing the amount for the assessment portion, the square footage of the land shall be divided into the Palm Beach County assessments on such land excluding improvements. This square foot assessment figure shall then be multiplied by two hundred (200) for each parking area required, but shall be at least $500.00, (c) Payment is to be made before a certificate of occupancy shall be issued. The basic premise for the program was that since the City had a base of both on-street and off-street public parking Ú1 this area, utilizing in-lieu fees to meet development requirements would not overly tax the existing parking system until additional public spaces could be constructed. The regulations dealing with in-lieu fees were amended nine times in the past 25 years, During this 25 year period, the method of computing the fee changed several times and the fee increased from a minimum of $567 per parkÚ1g space to $6,000 per space. When the fee was increased from $2,500 to $6,000 in 1993, a fÚ1ancing option was added to make it easier for small developers to pay the Ú1creased cost, The area where in-lieu fees may be utilized also increased dramatically during this time to Ú1clude the entire . ' I Page 3 - 1===::16/ >--- =- ~ ~- I-- ~ I:, - --; ~ :I: :1:1--- I-- < < i---- - _ ,---I 1---<- _ I I I $ '--- _ ' '_~I -....J ....JI-- I-- ~ ~ ~ < t-- - <I: « w ~ < < c-- 1---"' - [J::: [J::: > ,.¡ <t t[§ ~- ~~ ¡ ¡-{T -ê ê < 'LJ"¡ -- N,E. ,~T' ~D_ 5T, . ~f--- _ _ __ w Z <I--- f--- 0- -0- - r----r :::> '--- f--Z z_ _ ~ < I--- :J :J iE z I- °z I--- _0 0_ f---..... tf) N ~ CD CD W - ~ ~ _ I II-- I-- N,E, 1 ~ f--- I- I- F > - ð ¡Sl-- I-- __ « - r-----::f - - VJ Z f--- i---- I-- _ I...: liEf--- i---- 1== ~ I "' - - i---- i---- h =-- '--- - - '--- '--- - - - - - -- - N.E. - - - --- - - _1 T_ _ _ _ _ST__ _ _ "'" . . I ~ - - '- - .1--- I--- r W _WI-- \ - - ~ ~ VETERANS I-PARK - -- -- -- ATLANTIC r _ I w w w - - I :r: - ~ PLAZA :i :i,¡ :i 1-1-- _I- z _ _ ;¡ If) I-- =:: CD == _ I _ I OLD - -3 '--- - = SCHOOL [[]] DD 'I nmm rllTPdw rTTl-Ti=i=îw - I SQUARE IWUillW UlJJlrtj:ZllilWJ:ZITDI . · ATLANTIC AVENUE . r~~ I I ~i'¡1:~YV~~:~~wlll I~ I ~ i I-- _~ ==1 1; !E _::CL-- _1.01-- _CD ¡--::c Þ:: - I--- i---- < W 1- § ;::::::= I-- I-- I-- i---- tf) <:( - >1- I--- 1 . 1--. ::f::::'; III < I- r----- I--- WI-- I--- W -'<;::.. >--- I- I--- . . - t----. ~ I--- VJ I--- I-- VJ f-- i---- Cl. >--- f=:1 j I ¡-- I--- I-- I 1 - S E - - - - - - 1ST- -- - - - - -- - ST. - . . ~ ,----., r-- ~ - Z[[[[]] I ~ I I--- I--- ~ BUD'S ~ - t-- I I 1 I--- _:I: ,--- :I: - i---- I ~ -0 ~ ~ __~ ~-I--- -I- _ _« « D::: a:: -z f---,.¡ --~ ~ I ~ -_ I- vi ° I-I--W W ~ ~I - (f) a::::)- ~ 3: - ..., "'_I--LL.__LL. _ __ -J VJ -f-- e---- -- l;:s - ~ 1--- -- C/) - -- '---- '--- <:( _ 5,E, 2ND ~,_ 0 I -I--- c--- U vi I-- I--- - <:( - :::) i---- I--- - E: - I--- ~I - - - - 0=== 01-- i---- Z - - ,--Z_ z-i----w - - ~- ~ :;j ~- -6- 6- i----<IÍ _ _ - "'¡--- __ID ID I - 1---_ '-- iF'--- I--I--~_ ~ - I- ::t-- 1--1--5- g¡ I - 1---- ~) - h- h-U1- Z N Map 1 - ORIGINAL CBD BOUNDARIES CITY OF DELRAY BEACH, FL - ESTABLISHED FEBRUARY 25, 1974 - PLANNING 01< ZONING DEPARTMENT ORDINANCE #2-74 -- DIGITAL BASE MAP SYSTEM -- I.\AP REF: LMA91 . ' I Page 4 expanded CBD, OSSHAD and the West Atlantic Avenue Overlay District (See Map 2). The original limitation that in-lieu fees were not" to be used for dwelling unit projects was eliminated in 1990. Use of the in-lieu fee provisions was extremely limited in the early years. The public library was the first development to exercise this option when it paid $60,000 for 24 spaces in 1984, eleven years after the regulations were enacted, In the following ten years, until 1994, the in-lieu fee option was not used at all. This is probably due to the limited area and deteriorated condition of the original CBD at that time, The in-lieu fee option simply wasn't needed since businesses were moving out of the downtown area and new construction was minimal. Additionally, the parking requirements in the original CBD area dealt only with new floor area. Therefore, conversions of existing floor area to more intensive uses did not require additional parking. This liberal parking requirement still exists today for the original CBD area of the downtown. Although the basic intent is the same, as a result of all the amendments, the current in- lieu fee regulations bear little resemblance to the original. The current regulations for in-lieu fees are as follows: Section 4,6.9(E) (3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. (b) The fee is hereby established at $6,000 per space, Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. (c) All proceeds from such a fee shall be used for parking purposes. (d) The in-lieu fee may be paid at one time or in installments. Installment payments may be made over a nine year period in ten payments, The first payment would be due upon signing the installment agreement. The remaining nine payments would be due annually. No interest is to be charged during the first 3 years. Beginning in year four of the payment schedule, a simple interest rate of 5% per annum will apply to the unpaid balance and be added to payments five through ten. For a detailed chronology of the amendments made to the in-lieu fee regulations since they were originally established, see" Appendix A" of this report. . . Page 5 ~ ~' i ~- '=-:, -;;;;; =~B :' --.!...!..C:~, "";.10 , 1 ' - ~ =z8...J ~ ~- ~ --- .1//""//1'" ~ , .' , _'- _ -i _& ¡¡ ¡';---, 0;, 0 ___ ." -< _. ~ . 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'I!, II',' I I I ì 1111, I I III ....I¡ ~ " / ~ ~, ::::=:E:7"~ ~" ~ - 0 to ..,¡ >'. '/ ~, I' , , , , l....---'" L{') I, ,I, I I II' I >-:;0 ~ ¡,..;¡ r--- 6\.~'~ I I' . ."" , -- ~ z t3 ______ I~ I I I:, Ij:II'I'..J,J.-- ~ ~i'I'llìl,II, Ëb ¡:;~ C5 " ~ ~':'", ii': , , Page 6 The In-Lieu Fee Fund Of the total $109,876 in fees collected over the years, $22,521 was used to construct new parking spaces. That was a in the form of a loan to the CRA. Other expenditures included $29,616 for parking studies and $24,446 for parking lot lighting. At present there is approximately $56,000 in the fund. A detailed accounting of past collections of in-lieu fees and expenditures of these funds is included in the following table. Table 1 Parking In-Lieu Fee Fund (Receipts and Expenditures) ; . Item Date - . ... ~ .... Running \ " ". ... Total Transfer From Library Jun-84 $ 60,000 $ 60,000 Master Plan Parking Study Aug-89 ($ 25,000 $ 35,000 Decorative Street Lighting Ace & Hands Parking) Nov-92 ($ 425 $ 34,575 Decorative Street Lighting Ace & Hands Parking) Feb-93 ($ 9,398 $ 25,177 Decorative Street Lighting Ace & Hands Parking) Mar-93 ($14,623 $ 10,554 MOUW Associates Feb-94 $ 2,500 $13,054 Computer Parts Outlet Feb-94 $ 2,500 $ 15,554 Interest - FY 93-94 Sep-94 $514 $ 16,068 Patio Partners Sep-95 $ 1,800 $17,868 Interest - FY 94-95 Sep-95 $904 $ 18,772 Interest - FY 95-96 Sep-96 $ 1,349 $ 20,121 Bright Horizons Mar-97 $ 2,400 $ 22,521 Loan to CRA for Block 76 Parking Lot Mar-97 ($ 22,521) $0 Patio Partners Mar-97 $ 1,800 $ 1,800 Parking Study G. D. Edwards) May-97 ($ 1,866) ($ 66) Bankers Grille Jun-97 $ 2,400 $ 2,334 Patio Partners Aug-97 $1,800 $ 4,134 Parking Study G. D. Edwards) Sep-97 ( $1,356) $ 2,778 Interest - FY 96-97 Sep-97 $109 $ 2,888 Cafee Luna Oct-97 $ 2,000 $ 4,888 Parking Study G. D. Edwards) Dec-97 ($ 1,394) $ 3,494 Bright Horizons Oct-97 $ 2,400 $ 5,894 Bankers Grille Refund Mar-98 ($ 2,400) $ 3,494 Java Bean Junction Mar-98 $ 6,000 $ 9,494 Café La Boheme May-98 $ 6,000 $15,494 Azari May-98 $16,000 $ 31,494 Patio Partners Aug-98 $1,800 $ 33,294 CRA Loan Repayment (Anticipated) Sep-98 $ 22,521 $ 55,815 Where Are We Now? Times have certainly changed since adoption of the first in-lieu fee regulations. Today, the City's commitment to revitalizing the downtown and the efforts of the CRA, DDA, and Chamber of Commerce, has produced a vibrant 20-hour downtown with a low vacancy rate, high demand for lease space and increasing property values. Consequently, the use of the in-lieu fee option has begun to rise. As available lease space diminishes and property owners seek to maximize the development and , ' , Page 7 redevelopment potential of their properties, the use of in-lieu fees is expected to increase dramatically. Unfortunately, prosperity has brought with it a new set of problems and issues. The increasing demand for new parking downtown is not being met in many locations. This is especially true east of the Intracoastal Waterway where existing public parking is inadequate and the potential to provide additional public spaces is limited, Although the construction of a parking garage in this area has been discussed, there is considerable concern on how to fund the project and where it should be located. The problems of high land values, lack of vacant property and high construction costs for structured parking all need to be addressed. It is widely acknowledged that the current in-lieu fee of $6,000 is inadequate for the purchase of land and construction of surface or structured parking in this area, The principal use that is particularly evident in the growth of the downtown is exciting, trendy restaurants. With this growth, the downtown is experiencing a new demand for parking, particularly at nighttime. Not only are restaurants fueling this demand, but retailers are beginning to extend their operating hours into the evening hours, especially on Friday and Saturday nights. The Cost of Parking Parking costs are divided into three categories - the cost of land, construction costs and operating costs. For the purpose of this report, it is assumed that operating costs are covered by fees to the customer (parker). If the fees to the customer exceed the operating costs, these revenues could be used to service a portion of the debt incurred on land and construction costs, Otherwise, these costs will have to come entirely from other sources. One potential source is In-Lieu fees, The cost of land is most dependant on location. Due to the limited amount of vacant property in areas where additional parking is most needed, improved property will have to be purchased in many cases. This not only increases the up-front costs, but also adds a demolition cost component. For the purpose of this report, an analysis of land values was completed for four areas with different characteristics where in-lieu fees are allowed. These figures, shown in Table 2, represent the Palm Beach County Property Appraiser's 1997 assessed value including improvements. Although the ratio of the property assessment to market value varies in each area, it is certain that market values are higher than assessments in all areas. Therefore, acquisition costs will be somewhat higher than the stated figures, If necessary, further refinement is possible through the use of a Property Appraiser, . ' Page 8 Table 2 1997 Property Values for Selected Areas (Palm Beach County Property Appraiser) Area Number of Properties AveraJ1;e Value per sq. £t, Median Value per sq. ft. CBD - East of Intracoastal 39 $ 44.76 $ 31.28 CBD - West of Intracoastal 210 $19.49 $16.22 OSSHAD 188 $ 9.49 $8.98 West Atlantic Avenue 215 $ 6.57 $4.07 Entire Area 652 $ 16,19 $9,72 The cost of land per parking space is dependant on the configuration of the land and whether the parking is a surface lot or a multi-level garage. Surface parking, including access, vehicular/pedestrian circulation and open space/landscaping requires approximately 450 square feet per space. Inefficient property configurations which necessitate a lot of single-loaded parking aisles, can require over 500 square feet per space. For the purpose of this report; however, we will assume that 450 square feet is the average area for a typical surface parking space. The land area per parking for a multi-level parking garage is dependant on the number of floors in the structure. A three-story garage containing 300 spaces will require a site area of approximately 46,500 square feet, while a two story garage containing 200 spaces will still require the same land area. Although the land cost per parking space will continue to decrease as the number of floors in the garage increases, aesthetics, and compatibility with surrounding properties will playa major role in the decision of how high to go. For the purpose of this report, we will assume a three level garage containing 300 spaces. The land area per parking space with this scenario is 155 square feet. The cost of land based on the above scenarios for surface and structured parking ids given in the following table. Average and median property values are taken from the preceding table. Table 3 Land Cost per Parking Space SUrface Mediari LandNalue ers .ft. CBD-East of Intracoastal $ 20,142 $ 6,938 $ 31.28 CBD-West of Intracoastal $ 8,771 $ 3,021 $ 16.22 OSSHAD $ 4,271 $1,471 $8.98 West Atlantic Avenue $ 2,957 $ 1,018 $4.07 Entire Area $ 7,286 $ 2,509 $9.72 The construction cost per parking space is also dependant on the configuration of the land and whether the parking is a surface lot or a multi-level garage. For surface lots, inefficient property configurations require more pavement and hence have a greater per space construction costs. Similarly, property size and configuration also dictate the type of garage and the overall efficiency. . ' Page 9 Based on past experience of the Community Redevelopment Agency in constructing new parking lots in the downtown area, còmplete with landscaping/ irrigation, drainage, decorative lighting, and paverbrick pedestrian linkages, it is estimated that the construction cost per space varies between $2,500 and $3,500, The size of the lot and the efficiency of the site are the most important factors in determining the actual cost. For the purpose of this report, we will assume that $3,000 per space is the average construction cost for new surface parking lots. Downtown parking garages range in cost from $8,000 to $10,000 per space depending upon the size of the garage and upon the quality of the exterior architectural treatment. Many cities such as Charleston or Boulder require an attractive elevation on garages that blend in with the local architecture. These garages cost even greater than $10,000 per space. Downtown parking garages come in many sizes and shapes, however, due to the limitations of the width and length of sites in downtown Delray Beach, one alternative is the continuous sloped ramp type. The ramps slope and automobiles park on the sloped sections as well as the flat sections at the end of the garage. The garage must be at least 125 feet wide and should be no shorter than 250 feet. A 250 foot garage will result in a ramp slope of 3%. The ideal size is 280 feet which results in a 2-1/2% ramp slope. Refer to Figure 1 for a diagram of a continuous slope garage, A 280 foot long garage can accommodate approximately 110 spaces per floor assuming each stall width is 9 feet wide. For the above-described garage, the total square footage is 97,500 square feet, costing approximately $30.00 per square foot. The following summarizes the cost breakdown of this 300-space garage. Table 4 Garage Construction Cost (300 Space Garage) Cost Element Amount Cost per space Construction $ 1,706,250 $ 5,687.50 Fire Sprinklers $ 121, 875 $ $ 406.25 Lighting/Electrical $ 97,500 $ 325.00 Elevators $100,000 $ 333.33 Fire Alarm $ 97,500 $ 325.00 Exterior Skin $ 73, 125 $ 243,75 Signage & Related Elements $ 25,000 $ 83.33 Other $ 24,375 $ 81.25 Landscaping $ 50,000 $ 166.66 Contractor OH/Profit $ 253,500 $ 845.00 Gates/Meters $ 60,000 $ 200,00 Contingency $110,000 $ 366,66 Totals $ 2,724,125 $ 9,080,42 Source: Community Redevelopment AgenClj . ' Page 10 The following table depicts the total cost of providing parking based on median land values and the construction costs described abovè: Table 5 Total Cost per Space by Area (Land & Construction) Area Surface Gara~e CBD-East of Intracoastal $17,076 $13,998 CBD-West of Intracoastal $10,299 $11,614 OSSHAD $7,041 $10,492 West Atlantic Avenue $4,832 $9,731 Entire Area $7,374 $10,607 In-lieu Parking Fees in Other Municipalities A review of municipalities in the South Florida region was conducted. The list is comprised mostly of older cities located in east of 1-95 which have either downtowns or beach areas that would allow for an in-lieu program to be established. Table 6 In-lieu Parking Fees in Other Municipalities West Palm Beach Deerfield Beach Holl wood Porn ano Plantation - Hallandale - Table Notes: 1. The total amount is $7,959 plus the percentage change in the construction Cost Index for "ENR 20-cities" contained in the Engineering news record, the McGraw Hill Construction week! y. 2, If a parking facility is not undertaken within three years of the commitment or receipt of fee, all obligation shall become null and void and the fee will be returned. 3. The fee is established at $5,000 or the amount determined to be the City's cost of constructing one parking space. 4. the City is drafting regulations to add in-lieu provisions to their code. 5. The City is considering instituting an in-lieu program in the "old" financial district. Revising the In-Lieu Fee Regulations-The Issues In developing a new set of regulations of the use of in-lieu fees, one of the most critical decisions is when they should be used. Should the use of in-lieu fees be a last resort to meeting the parking requirements or should the City actually encourage their use as a , ' . Page 11 viable alternative to providing parking? This decision is dependant upon the level of public commitment to actually construct the spaces for which fees are being paid. While everyone would probably agree that additional parking should be provided to accommodate new development, the issue of where this parking should be located is not as easy, The visual and economic impact of off-street parking lots on the urban fabric must also be considered. Instead of a series of small, inefficient parking lots, a centralized parking system of larger surface lots and garages would promote a more efficient use of individual property and decrease the cost of parking as a percentage of total property value in the downtown. It would also provide opportunities for developers to create public plazas, parks and useable open space. For this system to work, however, sufficient money must be raised to purchase land and construct the necessary parking. Additionally, the construction of new parking must be timed to keep pace with development. The dollar amount of the in-lieu fee is one of the most important issues. In determining what this amount should be the level of participation by the City must be determined. Since the cost of parking is most dependant of the location, a decision must also be made whether or not to have different rates for different areas. The financing option in the current in-lieu fee program must be reviewed. While the program should allow some flexibility for the small business or property owner, it must also generate funds to construct enough parking to keep pace with development. The current program does not contain provisions as to who may enter into an in-lieu fee agreement with the City. The agreement may be made with either a tenant of an building or the property owner. There has been some concern expressed as to what happens if a tenant utilizes the financing option and then goes out of business before the total fee is paid. The issue of parking requirements in the downtown area is also important. For the original DDA area, the parking requirement is only 1 space per 300 square feet regardless of use. Therefore, conversions of existing floor area to more intensive uses did not require additional parking. Additionally, restaurants enjoy a reduced standard in the remaining portions of the CBD as well with a requirement of only 6 spaces per 1,000 sq, ft. of building area. This is one-half the normal requirement. These liberal parking requirements have helped to fuel the revitalization of the downtown area, However, the success of the downtown as an entertainment district with restaurants and clubs has also significantly increased the demand for off-street parking and few new spaces have become available to meet this new demand, The City must decide at what point it no longer needs the reduced parking requirements as a redevelopment incentive. Another issue to consider is the timeframe for construction of public parking. Developers may be more apt to buy into the system if they know when the spaces are to . ' . Page 12 be constructed. One suggestion is to construct the parking first and then sell the spaces to individual businesses who may need additional parking. The concept of charging for public parking in the downtown area has been discussed may times in the past. If the city decides to construct a parking garage downtown and charge for parking in the garage, it is generally understood that a fee would be charged for other public parking as well. This should be discussed and an agreement reached before consideration is given to a new public parking structure. The potential exist to obtain additional public parking within private development projects. Consideration should be given to utilizing in-lieu fee funds to purchase excess parking from these developers for public parking. The opportunity to construct additional on-street parking where possible adjacent to new development projects has generally not been considered as an option to meeting the additional demand. One recent project has included such provisions. Language promoting this option should be considered in the new regulations. . 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"tJ(;¡ "' 'OC'CC::ti) "tJ <:( E L.. .!Q a. ~~ ._ Q¡.!Q a. 0 .~ ,¡g ¡:; ~ ,5; ~Q'::t .;;;~ E.... 111.0 E.... ~~ :s :t::: g.i§.:::.;..~ 0Ct)C/) ,- E E 0 :S:C/) .- E E 0 .5 ~!!!¡ij-~~ ::::::üC/) :!::::Ioij¡ ~CI) :!::::Ioij¡ ~Q) QI q: ,-0 ~r:::ü= q:0 ~r:::ü= q:'S ~ - C/) ~ ~ MM M II) åi en~ en en '0) , ~ - ~- M () ....N CD oo. ;¡: , ' ceo fJ tLMrn cm.._,==- -....-.: A PUBLIC HEARING will be held on the ~ ordinirIIœsll7:OO p,m, on ~ November 17, 1998 (or II any conIJnua1ion of such møeIIng which Is sot by the ComnissIon~ in the CIty ComnissIon CIønbonI, 1 N,W, 1st Awnue,I:'ct s.:h, FloRIa, at which line lilt ComnissIon will ...-- ado ItIon, The proposed 0IIIIrø1C8s ITIIY be inspecIed at the omœ 01 lilt CIty CIor1< II CIty Hall, 1 00 N,W, 1st AIIenue, ~ s.:h, flori- da. '*-' lilt hours 8:00 a.m, and . 5:00 p,m" Monday IhrougII Friday, eœøt holidays, AI inIIInISIIId patties " ant ßIIIec to -..... be ~ wI1I1 '"-"to lilt ~ OIIIIrø1C8s, ...-:E ...47.. = AN ORDINANCE Of 1HE CITY COM- = MISSION Of 1HE CITY Of DELRAY ~ 8fACH, R.ORIDA, AMENDING SEC- A;I TION 4,6,9, "OfF-STREET PARKING ÆGUlAT1IJNS", SUBSECTION ~ ~ "lOCATION Of PARKING " Of 1HE lAND DEVB.OP- MENT REGUlATIONS Of 1HE CITY ~ Of DElAAY BEACH, TO PROVIDE = FOR REV1SéD IN LIEU Of PARKING = REGULATIONS; AMENDING SECTION 2 4,4,13, "ŒNTRAl. BUSINESS (CBD) DISTRICT", SUBSECTION 4,4:¿G), ~ "SUPPl£MEIlTAL DISTRICT U- i LATIONS', TO EXClUDE RESTAU- RANTS FROM 'THE REDUCED PARK- ING REOIJIÆMENTS IN THAT CER- ~ TAlN MEA Of 1HE CBD MOÆ PAR- ~ TICUlARlY DESCRIBED HEÆIN; PROVIDING A GENERAL ÆPEALER - CLAUSE, A SAVING CLAUSE, AND =- AN ffiR1lIIE DAlE, ~ ORDINANCE NO, 48-98 AN ORDINANCE Of THE CITY COM- 2 MISSION Of 1HE CITY Of DELRAY ~ BEACH, R.ORIDA. REZONING AND PlACING lAND PÆSENlLY ZONED PCC (PlANNED COMMERCE CEN- ~ IN 1HE Cf (COMMUNITY FACIL' EI ~ICT; SAID LAND BEING y KNOWN ÞS THE PUB- =" LIC WORKS WAREHOUSE PROPER- ~ TV, LOCATED AT 1HE SOUTHWEST ~ CORNER Of LAKE IDA ROAD AND ~ 1HE CSX RAILROAD, ÞS MOÆ PAR- TIalLARLY DESCRIBED HEÆIN; AMENDING "ZONING MAP Of DEL- .. RAY BEACH, R.ORIDA, 1994"; PRO- VIDING A GENERAL ÆPEALER ~ CLAUS( A SAVING CLAUSE, AND ~ AN ffiR1lIIE DAlE, == PIIIse be advIsod thai ff . person docIdes to ==... decision made by lilt CIty "wI1I1 '"-" to any"-~ atlt1tse '-rings, such person ITIIY need to 8I1SUIII thai. \IIIbaIIm IIICOIIIIncIudes lilt -..any ... evidence upon which lilt -' Is to be based, The CIty does not = nor SUCh IIICOIII, ISUII1I to f.?'" 28IUt105, ~; November 6, 1998 Bcq Raton News Ad 118934 . '