Ord 80-04
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ORDINANCE NO. 80-04
AN ORDINANCE OF THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AMENDING
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS" OF THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION (B)
"APPLICABILITI" BY CREATING A NEW SUBSECTION
4.6.9(B)(4) PROVIDING A CREDIT FOR PARKING UNDER
CERTAIN CIRCUMSTANCES WHERE A
GOVERNMENTAL ENTITI ACQUIRES PROPERTI FOR
PUBLIC PARKING, PROVIDING FOR RENUMBERING;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, governmental entities have acquired property for public parking purposes from
private owners; and
WHEREAS, in order to acquire lands for parking, it is in the public interest to credit the
private owner from whom the land is acquired with parking spaces it has vested rights to, on private
property, provided the private property is within 300 feet of the property acquired by the
governmental entity for public parking.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA:
Section 1. That Article 4.6, "Supplemental District Regulations", of the Land
Development Regulations is hereby amended by amending 4.6.9(B), "Applicability", to create a new
subsection 4.6.9(B)(4) and to renumber the section to read as follows:
(B) Applicabili~:
(1) Off-street parking facilities shall be provided ill the following
situations:
(a) For any new building constructed;
(b) For any new category of use established including a new
conditional use;
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(c)
For any addition or enlargement of an existing building or
use;
(d) For any change in the occupancy of an existing building or
the manner in which a use is conducted that would result in additional parking spaces being
required.
(2) F or items (c) and (d) from above, the additional parking spaces shall
be required only for such addition, enlargement, or change and not for the entire building or use,
unless required as a condition of approval associated with the approval of the addition, enlargement
or change.
(3) When existing parking is diminished by an addition or enlargement
and such parking had been previously required, or would be required if the use were established at
this point in time, such parking spaces must be replaced and be in addition to those spaces required
for the addition or enlargement.
ill Notwithstanding the foregoing. effective Januar,y 1. 2005. if private
land is acquired by a governmental entity for parking. the parking spaces attributed to the demand
created by the building square footage and use that existed on the land acquired by the governmental
entity (less the number of spaces that existed on the property so acquired) shall be credited to land
owned by private owner(s) if the land owned by the private owner(s) is located within 300 feet of the
land acquired by the governmental entity for parking purposes.
f11 .(5)
well as permanent uses.
The requirements of this Section shall apply for temporary uses as
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2
ORDINANCE NO. 80-04
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\~ PASSED AND ADOPTED in regular session on second and final reading on this the
day of ~~ ,2005.
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ATTEST:
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CITI CLERK
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Second Reading '\. \.~tD
First Reading
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ORDINANCE NO. 80-04
MEMORANDUM
FROM:
MAYOR AND CITI COMMISSIONERS
CITY MANAGERø1
AGENDA ITEM # \ 0 t= - REGULAR MEETING JANUARY 18" 2005
ORDINANCE NO. 80-04
TO:
SUBJECT:
DATE:
JANUARY 14, 2005
This Ordinance is before Commission for second reading and second public hearing to amend Land
Development Regulations (LDR) Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B),
"Applicability", to provide a credit for parking under certain circumstances where a governmental
entity acquires property for public parking.
At first reading on January 4, 2005, the City Commission passed Ordinance No. 80-04.
Recommend approval of Ordinance No. 80-04 on second and final reading.
s: \ City Clerk \ agenda memos \ Ord. 80-04 Parking Credit.Ol.18.05
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION:
mT. HAR EN ITV MANAGER
~LlNG' ECTOR OF PLANNING & ZONING
__ 'SC~RONSON, ARKING MANAGEMENT SPECIALIST
MEETING OF JANUARY 4, 2005 - REGULAR AGENDA
CITY-INITIATED AMENDMENT TO SECTION 4.6.9{B) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PROVIDE A CREDIT FOR PARKING UNDER
CERTAIN CIRCUMSTANCES WHERE A GOVERNMENTAL ENTITY ACQUIRES
PROPERTY FOR PUBLIC PARKING.
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TO:
THRU:
BACKGROUND AND ANALYSIS:
The provision of public parking in the downtown has been identified as a significant need as the downtown area
redevelops. There is limited vacant property available in the downtown area that is suitable for a public parking
lot or garage development that is appropriately located to maximize the public use and benefit. Therefore, to
provide parking in the areas of the downtown where the demand is greatest usually requires the acquisition of
property that is currently developed and contains a structure or structures. In order to acquire lands for parking, it
is in the public interest to credit the private owner from whom the land is acquired with parking spaces it has
vested rights to, which are then transferable to other properties owned by the same property owner within 300
feet of the property acquired by the governmental entity for public parking. The intent is to provide a property
owner an incentive to enable a governmental entity to acquire property in a manner that is mutually beneficial and
expeditious. The distance of 300 feet was derived from and is consistent with the distance requirement currently
in the Land Development Regulations associated with oft-site parking agreements. In the oft-site parking
agreement situation, the 300 feet is measured along an acceptable pedestrian route.
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR
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.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the amendment
specifically furthers Future Land Use Element Policy C-3.2, Future Land Use Element Objective C-4, Future Land
Use Element Policy C-4.1, Future Land Use Element Policy C-4.2 and Future Land Use Element Policy C-4.3.
Based upon the above, the proposed text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
REVIEW BY OTHERS:
The Planning & Zoning Board, at their meeting of December 20, 2004 unanimously recommended approval of the
proposed ordinance.
The Parking Management Advisory Board, at their meeting of December 21, 2004 unanimously recommended
approval of the proposed ordinance.
The amendment is scheduled for review by the Community Redevelopment Agency at their meeting of January
13, 2005 and the results will be reported to the City Commission on second reading at the January 18, 2005
meeting.
RECOMMENDED ACTION:
Move approval of Ordinance 80-04 by adopting the findings of fact and law contained in the staff report, and
finding that the proposed Ordinance 74-04 and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Ordinance
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ORDINANCE NO. 80-04
AN ORDINANCE OF THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AMENDING
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS" OF THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION (B)
"APPLICABLITI" BY CREATING A NEW SUBSECTION
4.6.9(B)(4) PROVIDING A CREDIT FOR PARKING UNDER
CERTAIN CIRCUMSTANCES WHERE A
GOVERNMENTAL ENTITI ACQUIRES PROPERTI FOR
PUBLIC PARKING, PROVIDING FOR RENUMBERING;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, governmental entities have acquired property for public parking purposes from
private owners; and
WHEREAS, in order to acquire lands for parking, it is in the public interest to credit the
private owner from whom the land is acquired with parking spaces it has vested rights to, on private
property, provided the private property is within 300 feet of the property acquired by the
governmental entity for public parking.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA:
Section 1. That Article 4.6, "Supplemental District Regulations", of the Land
Development Regulations is hereby amended by amending 4.6.9(B), "Applicability", to create a new
subsection 4.6.9(B)(4) and to renumber the section to read as follows:
(B) Ap'plicabili~:
(1) Off-street parking facilities shall be provided ill the following
situations:
(a) For any new building constructed;
(b) For any new category of use established including a new
conditional use;
(c) For any addition or enlargement of an existing building or
use;
(d) For any change in the occupancy of an existing building or
the manner in which a use is conducted that would result in additional parking spaces being
required.
(2) F or items (c) and (d) from above, the additional parking spaces shall
be required only for such addition, enlargement, or change and not for the entire building or use,
unless required as a condition of approval associated with the approval of the addition, enlargement
or change.
(3) When existing parking is diminished by an addition or enlargement
and such parking had been previously required, or would be required if the use were established at
this point in time, such parking spaces must be replaced and be in addition to those spaces required
for the addition or enlargement.
.(4). Notwithstanding the foregoing. effective Januar,y 1. 2005. if private
land is acquired by a governmental entity for parking. the parking spaces attributed to the demand
created by the building square footage and use that existed on the land acquired by the governmental
entit;y (less the number of spaces that existed on the property so acquired) shall be credited to land
owned by private owner( s) if the land owned by the private owner(s) is located within 300 feet of the
land acquired by the governmental entit;y for parking purposes.
f11 .(5)
well as permanent uses.
The requirements of this Section shall apply for temporary uses as
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2
ORDINANCE NO. 80-04
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
MAYOR
ATTEST:
CITI CLERK
First Reading
Second Reading
3
ORDINANCE NO. 80-04
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS BY
AMENDING ARTICLE 4~6, "SUPPLEMENTAL
DISTRla REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY_
AMENDING SEalON 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSEalON (B)
II APPLICABILITY" BY CREATING A NEW
SUBSEalON 4.6.9(B)(4) PROVIDING A
CREDIT FOR PARKING UNDER CERTAIN
CIRCUMSTANCES WHERE A GOVERNMENTAL
ENTITY ACQUIRES PROPERTY FOR PUBLIC
PARKING
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The City Commission of the City of Delray Beach, Florida, proposes to ad~t
the following ordinance:
ORDINANCE NO. 80-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DElRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6, "SUPPLE-
MENTAL DISTRICT REGUlATIONS" OF THE lAND DEVElOPMENT
REGUlATIONS BY AMENDING SECTION 4.6.9, "OFF-STREET
PARKING REGUlATIONS", SUBSECTION (B) "APPLICABILITY" BY
CREATJNG A NEW SUBSECTION 4.6.9(B)(4} PROVIDING A CRED-
IT 'F~ PÄRIONc;'7-~R CERT~rn¡¡rMSTAACES WftERE:-:'~
GOVERNMENTAL ENTITY ACQUIRES' J>ROPERTY .FOR PUBLIC
PARKING, PROVIDJN_G FOR RENUMBERING; PROVIDING A SAV-
ING ClAUSE, A GENERAL REPEALER CIAUSEï AND AN EFFECTIVE
DATE. -
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The City Commission will conduct two (2) Public Hearings for the pur-
pose - of accepting J?ublic testi.mony r~arding .the pr~sed ordi-
nance. The first Public Hearing will be held on
TUESDAY. JANUARY 4. 2005. AT 7:00 P.M. in the
Commission Chambers at City Halt 100 N.W. 1 st Avenue, Delray
Beach, Florida. If the proposed ordinance is passed on first reading,
a second Public Hearing will be held on TUESDAY. JANUARY
18. 2005. AT 7:00 P.M. (or at any continuation of such meeting
which is set by the Commission).
All interested citizens are invited to attend the public hearings and
comment upon the pr<?POsed ordinance or submit their comments in
writing on or before the date of these hearings to the ~Ianning and
Zoning Department. For further information or to obtain a copy of
the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1 st AvenUe, Delray Beach, Florida
33444 (email atpzmQiI@mydelraybeach.com) or- by calling
561/243-7040), between the hours' of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON
MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED-. THE CITY DOES- NOT PROVIDE NOR PREPARE
SUCH RECORD PURSUANT TO F.S. 286.0105.
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Boca Raton/Delray Beach News
PUBLISH: Mond~, December 27,2004
Thursday, January 13, 2005
Ad#NS204306
CITY OF DElRAY BEACH
Chevelle O. Nubin
CityCkrk
",CITY OF DELÛ'1ÜCH," .
NODCE OF PROPOSED AMENDMENT TO THE,
LAND: DEVELOPMENT REGULATiONS ,BY·
AMENDING ARTICLE 4.6, ·SUPPLEMENTAL
DISTRICT REGULATI,ON$'{ ~OF ,:THE ,lAND'".
DEVELOPMENT· REG1JLADONS' BY
·AMENDING SEalON 4.6.9, DOFF-STREET
PARKING·REGULATIONS",··;SUBSEaIO~(B) .
· APPLìÇABILITY" BY ·(REATING': A .tjIW··
SUBSEalON 4.6~9(B)(4):PROVIDING·A.
CREDIT FOR, PARKING UNDER CERTAIN· .
CIRCUMSTANCES WHERE A' GOVERNMENTAL
·ENDTY ACQUIRES' PROPERTY FOR PUBUC
. PARKING '''.
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The -Ci~_ ~mission of the City of .~ray Beach, i=lorida, proposes to adopt
I the foIIóWing ordinance:, ....'. "', . ';,'
: - oRDiNAM!E NO. ~ ao.ð4 ~ - ~,
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AN ORDINANCE ·ar-THE· CnY COMMíSSIÒN OF ,THE 'CITY' OF
DElRAY' BEAèH, fLORIDA" ,AMENDING. ARTICLE 4.6, "suPPiE-
MENTAL DISTRICT -R.EGlUATlONS" Of THE 1.4ND DÉVELQPMENT
'~EGU1ATlOtqS-' BY . AMENDING ,.SECTlON, 4.6.9Î-'''OFF~STREÈJ
PÄRKIN(t<~ìØ!OlSlSH, . SU8SEC1l0N~; (8) .':IIAPPuCAåRIrY" EßY.
.CREATlN~:A;~EW SU8SE~QN 4..6. 9(~)(4.r PR'QVIPIN~ A CRep-
IT: fOR'PARIØNG ·UNDERCERTArN CIRCUMStANCES WHERE'~A
'- GOVERNMEN'TALfNTITY' ACQUIRES' PROPERJY: FOR PUBUC
/éAAKING, :'PROVlDlNG :fQR-:RENUMBERING;: PR.OVIDlNGA~ SÁV- -
I lNG CLAUSE, A GENERAl REeEALERCEAijSe; AND, AN EffECTIVE
DATE. ' ' -',
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. ,:The CitY- Commi~ion will cOnduct~, (2) PúbtiC·:Hearings:fórtf1e pur':
pose Q~ iícceptinQ 'public tes~moì1y-r~arding:'.1hè;~~~ ordi-
nance',;è The: ~r.st PublIc Hearm~r, will ~'.- held on
TUESDAY, JANUARY 4.. '2005, 'AT' 7:00 P.M. in the
Ç9ßunissioò' Ø1tJri1bers at City Hall, - too' N:W. 1 st' A,?enue, DelrOy
- ~ ~h, ~rida: ,If jh~j~ropo~ ordi~ance,_ Js pa~ on Jirst Teadi~~
a second 'Publlc"Heaf'.!ng wIll be held~ Qit TµESDAY.,JANUAKI
18.. 2oo5...,AT 7:00 P~M. (or at any oontinuatioo of such meeting
, which is set bý the Çommission). , ' , " ''', . .
Àrf i~~~ied - dti¡~ns,ore in~~ to,~d tfte _~Iic ~~rihgs arid
comment upon the p~sed,.o.rcI¡nance ~r submit iheir éomments in
writing on or befonfthe·date of the$é ohéarings to the Plal1ning ,arid
Zoning Department. for,furth-er infórmatiOfi or 10 obtain a copy ,of
the propoSed ordinance, please contad thé Planning and Zoning'
Department, City Hall, 100 N.W. 1 st Avenue, Delroy Beach, florida
33444 (email átpzmail@mvdélrayþeach.com.) or by' caUing
561/24.3-7040}, between the hours of 8:00 a.m. and 5:00 p,m.,
è ~nday through friday, excluding holidays. ' .;' , _ "
PLEASE BE ADVISED THAT If A PERSON. DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CQNSIDERED AT THESE HEARINGS,' SUCH ,PERSON
! MAY,'NEED TO ENSURE THAT A VERBATIM RECQRD'INCLUDES-
..THE TESTIMONY AND EVIDENCE UPoN'WHICH THE APPEAL IS
TO BE BASED. TtiE CrtY DOES NOT., PROVIDE NOR PREPARE'
SUCH RECORD PURSUANT TO F.S. 286~0105.
"
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Boca Raton/De~ 8eaçh News '
PUBUSH: ~ Mond~, December 27,'2004 '
..1hursdãy, January 13, 2005 ,
Äd#NS204306 ," ,
CITY Of DÈLRAY BEACH
. Chevelle D._:Núhin
, , City Cle~ '