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Ord 74-04 (" /'~ ORDINANCE NO. 74-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN-LIEU PARKING FEE, ALTERNATIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on ~ \ l q~au¡ , and voted to to 0 to , recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parking S,paces: ( ", /'~ (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 eost of construction of additional on-street public parking may be lised to offset the totRI doRar RffiO\:1ßt due uflder Rfl in lie\:1 fee Rgreeffieat ~ ith the City. reduce the number of in-lieu spaces required. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: If it is impossiBle or Ífl.Rppropriate to provide the re~ed flumber of Oft site or off site p~g spRees, the Ci~ COm.m1SSiOfl m~ appro' e the p~ meftt of a fee i:alie\:1 of providi:ag seen required p~, pur3uRflt to the foRo~ing provisiofl3 When a requirement for additional parking results from in-fill development. or from a change in use. or adding floor space to an existing building: the Cit;y Commission may approve the payment of a fee in-lieu of providing such required parking. Before granting such approval the Cit;y Commission must find that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces and that. in the case of building additions. no existing parking spaces will be eliminated. Payment of a fee in-lieu of providing required parking is not permitted for new development. Furthermore. the in-lieu fee option will not be available in the event of a change in use or addition of floor space if either occurs within two years of the granting of the Certificate of Occupang' (C.O.) for a new development. The fee in-lieu option will be available two years after the date of the granting of the C.O. Payment of a fee in-lieu of required parking shall be pursuant to the following provisions. (a) The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD Zoning Districts, and bb commercially zoned properties located in the West Atlantic Avenue Overlay District in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See page 4646 - A for corresponding map). 2 ORDINANCE NO. 74-04 (" /'\ 1. Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. 2. Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area; and Block 69 located in the Old School Square Historic Arts District (OS SHAD) - $12,000 per space. 3. Area 3: Parcels located within the OSSHAD zoning district except for Block 69 as noted in Area 2 and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC~ - $6,000 per space. 4. Area 4: Parcels located within the West Atlantic Avenue Overlay District with commercial zoning designations ~hiefl ft're :lofted CC - $4,000 per space. (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. 3 ORDINANCE NO. 74-04 (" /'~ (e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right-of-way. (For example. the applicant requests to pay the in-lieu fee on 4 spaces: the applicant constructs 4 spaces in the right-of-way: the applicant must only pay the in-lieu fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. The total in lieu fee due shaR be redueed b) aft amO\:1ftt equal to the actual eoftstmetioft eosts, but ifl ftO e'\ eftt to exceed total ifl lieu fees, for these Oft street spaees ineluding street lighting. }~dditioftal eredit, Bot to exceed 1 O~~ of the total fee, mft'J be mlteR for the aetual eoftstft1etioft eosts of appro ¥ ed st:t'eetscape bea\:1tifieation elemeftts in the p\:1blie right of ~ ay. Bea\:1tificatioft impro ¥ emcftts maJ iflelude, b\:1t Me ftot limited to, pa'\i erbrich: ~ a~ ~ s, st:t'eet furftiture aftd laftdscapi:ag. Credit may not be taken for those parking spaces constructed in the public right-of-way st:t'eetseape elemeftts listed in Seetioft 1.1.13 (I) (2) (f) which are required to meet the performance standards for new developments~ in the CBD ~ meh exeeed 30 ~"el1ing units per aefe. ~¡ either eredit for cOßstruetioft of Oft st:t'eet spaees, nor credit for coftstruetioft of beautifieatioß elements shaR be reimbursed tlfitil sueh eonstructioft has beeft fuR) completed. Section 3. That Appendix "A" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: NEW DEVELOPMENT: The construction of a building or buildings or other improvement(s) on vacant property or a new stand alone building on a developed property. excluding in-fill development. IN-FILL DEVELOPMENT: The development of a single parcel having frontage on one street or two streets for a corner parcel. and which has been vacant for five (5) years or longer and is surrounded by buildings on two or more sides. Section 4. 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. 4 ORDINANCE NO. 74-04 (" /') Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ dayof~\LÞ,Ð'j ,2005. ~RZ4 ATTEST: ~S). ~-J City Clerk First Reading Second Reading 5 ORDINANCE NO. 74-04 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER t11 AGENDA ITEM # ,a~ - REGULAR MEETING JANUARY 18.. 2005 ORDINANCE NO. 74-04 TO: FROM: 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(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix "A", "Deftnitions", by enacting a deftnition for new development, redevelopment, and in-fill development. At fltst reading on January 4, 2005, the City Commission passed Ordinance No. 74-04. Recommend approval of Ordinance No. 74-04 on second and final reading. S:\City Clerk\agenda memos\Ord. 74-04.In-Lieu Fees.OU8.0S ~ CITY COMMISSION DOCUMENTATION: TO: D~~A ÇITY MANAGER THRU: 7~ORLlNG, ECTOR OF PLANNING & ZONING FROM: .. SCOTT ARONSO , PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF JANUARY 4, 2005 - REGULAR AGENDA ADOPTION OF ORDINANCE 74-04 AMENDING LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING APPENDIX "A" BY ENACTING DEFINITIONS FOR NEW DEVELOPMENT AND IN- FILL DEVELOPMENT BACKGROUND AND ANALYSIS: At the City Commission meeting of September 21, 2004 Staff presented Ordinance 35-04 which contained recommended changes to the in-lieu parking fee section of the LOR. The ordinance contained the following provisions: · Limiting the number of in-lieu spaces to three (3) or seven (7) based on Geographic areas; · Not allowing the purchase of in-lieu spaces if the proposed request requires the elimination of existing parking spaces; · Requiring all new development or redevelopment entailing the demolition and reconstruction of buildings to provide all required parking; · The creation of Area 5 which raises the in-lieu fees from $6,000 to $12,000 in this area; · Allows partial crediting to developers for the construction of on-street parking spaces adjacent to projects rather than reimbursement of the cost of construction; · Develops a shared parking program through incentives to utilize private parking lots during off hours of the principal use. City Commission denied the ordinance over concerns with limiting the number of in-lieu spaces and the shared parking program. City Commission at their Workshop of November 9, 2004 directed staff to modify the ordinance to include the following: 1. Require new development to provide all required parking and impose a restriction for the purchase of in-lieu spaces to accommodate an expansion \ Q \:::) City Commission Staff Report Proposed Ordinance 74-04 January 4, 2005 Page 2 or change of use for two (2) years from the issuance of the Certificate of Occu pancy; 2. Prohibit the purchase of in-lieu spaces to accommodate the expansion of a use which eliminates existing parking spaces (except for in-fill development); 3. Retain the definitions for new development and in-fill development to differentiate new development from in-fill development. This would allow the elimination of parking spaces in the case of in-fill development consistent with the direction of the Downtown Master Plan. 4. Expanding Area 2 rather than creating a new Area 5 and increase the in- lieu of fee from $6,000 to $12,000 per space for this expanded area and; 5. Allowing partial credit for spaces constructed in the public right-of-way instead of refunding construction costs. Ordinance 74-04 incorporates these modifications and is attached for your review. REVIEW BY OTHERS: The Parking Management Advisory Board, at their meeting of November 16, 2004, unanimously recommended approval of the proposed changes. The Community Redevelopment Agency, at their meeting of December 9, 2004, unanimously (4-0) recommended approval of the proposed ordinance, This item was presented to the Downtown Development Authority at their meeting of December 13, 2004. Whereas the Board supported the proposed modifications there was a concern with regards to the two (2) year prohibition for new construction (see attached). RECOMMENDED ACTION: Move approval of Ordinance 74-04 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. Attachments: o DDA Comment o Proposed Ordinance 74-04 Page 1 of 1 Aronson, Scott From: Rita Ellis [Rita@ClimateControIServices.com] Sent: Tuesday, December 21,2004 12:40 PM To: Aronson, Scott Subject: In- Lieu Parking Fees Scott; I would like to clarify the DDA's position on the changes to the in-lieu parking fees and rules. The DDA supports in general the changes presented at our meeting. The DDA does not support the two year wait for property owners to request changes and the ability to request in-lieu parking. This has the potential to have commercial building vacant for long periods of times. This would not be in the DDA's best interest. Scott, if you should have any further questions, please feel free to contact me. Rita Ellis Chairman Downtown Development Authority 12/21/2004 ORDINANCE NO. 74-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN- LIEU PARKING FEE, ALTERNATIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parkina 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 cost of construction of additional on-street public parking may be usod to offset tho tot31 doll3r 3mount duo undor 3n in lieu fee 3groomont \4/ith the City. reduce the number of in-lieu spaces reauired. (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 impossiblo or in3ppropri3te to provide the roquired numbor of on silo or 0# sito p3rking sp3ces, tho City Commission m3Y 3pprovo tho p3yment of 3 foe in liou of providing such roquirod p3rking, pursu3nt to tho fullo'l.'ing provisions When a reauirement for additional parkina results from in-fill development. or from a chanae in use. or addina floor space to an existina buildina: the City Commission may approve the payment of a fee in-lieu of providina such reauired parkina. Before arantina such approval the City Commission must find that it is impossible or inappropriate to provide the reauired number of on-site or off-street parkina spaces and that. in the case of buildina additions. no reduction in existina parkina spaces shall result. Payment of a fee in-lieu of providina reauired parkina is not permitted for new development. Furthermore. the in-lieu fee option will not be available in the event of a chanae in use or addition of floor space if either occurs within two years of the arantina of the Certificate of Occupancy (C.O.) for a new development. The fee in-lieu option will be available two years after the date of the arantina of the C.O. Payment of a fee in-lieu of reauired parkina shall be pursuant to the followina provisions. (a) The in-lieu fee is authorized only in the CBD, CBD- RC, OSSHAD Zoning Districts, and GG commercially zoned properties located in the West Atlantic Avenue Overlay District in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in- lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See page 4646 - A for corresponding map). 1. Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. 2. Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area; and Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $12,000 per space. 3. Area 3: Parcels located within the OSSHAD zoning district except for Block 69 as noted in Area 2 and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC~ - $6,000 per space. 4. Area 4: Parcels located within the West Atlantic Avenue Overlay District with commercial zonina desianations \vhich 3rø zonÐd GG - $4,000 per space. (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 250/0 of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 250/0 of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in-lieu fees due, where adequate right- of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to in- lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parkina space for each full parkinq space constructed within public riqht-of-wav. (For example, the applicant reauests to pav the in-lieu fee on 4 spaces: the applicant constructs 4 spaces in the riaht-of-wav: the applicant must onlv pav the in-lieu fee for 2 spaces). Creditina of spaces constructed in the riaht-of-wav resultina in a fraction shall be rounded down. Tho tot31 in liou foe duo sh311 be reducod by 3n 3mount oqu31 to tho 3ctu31 construction costs, but in no ovont to oxcood tot31 in liou foos, for these on stroot Sp3COS including stroot lighting. .'\ddition31 crodit, not to oxcood 1 O~~ of tho tot31 foo, m3Y bo t3kon for tho 3CtU31 construction costs of 3pprovod strootsc3pe b03utific3tion olomonts in tho public right of \4:3Y. B03utific3tion impro\'omonts m3Y includo, but 3ro not limitod to, p3vorbrick 'N311ç.v3Ys, stroot furnituro 3nd 13ndsc3ping. Credit may not be taken for those parkina spaces constructed in the public riaht-of-wav streetsc3po olomonts listed in Section -1.4 .13(1)(2)(f) which are required to meet the performance standards for new developments.:. in tho CBD v.'hich oxcood 30 d'JJelling units por 3cro. Noithor crodit for construction of on stroot Sp3COS, nor crodit for construction of b03utific3tion olomonts sh311 be reimbursod until such construction h3S boon fully complotod. Section 3. That Appendix "A" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: NEW DEVELOPMENT: The construction of a buildina or buildinas or other improvement(s) on vacant property or a new stand alone buildina on a developed property. excludina in-fill development. IN-FILL DEVELOPMENT: The development of a sinale parcel havina frontaae on one street or two streets for a corner parcel. and which has been vacant for five (5) years or lonaer and is surrounded bv buildinas on two or more sides. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 20o_. MAYOR ATTEST: City Clerk First Reading Second Reading r--' ..- It) <:> <:> "" 1- i I (;'¡ i ~ ¡;; ~ ..... I i :z -= ~ a> ""' '" ü> c <: ~ a: g a> . ~ i ~ e. c C {(¡WI MÞ7~ -~' CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGU- . LATIONS BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REG- ULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN-LIEU PARKING FEE, ALTERNA- TIVES TO PURCHASING IN-LIEU- FEE PARKING SPACES AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING NEW DEFINITIONS The City Commission of the City of Delray Beach, Florida, proposes 10 adopt the following ordinance: ORDINANCE NO. 74-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEl- RAY BEACH, FLORIDA, AMENDING THE lAND DEVELOPMENT REGU- LATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6,9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "lOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE "IN-UEU PARKING FEE, AlTERNATIVES TO PURCHASING IN-UEU FEE PARKING SPACES, AND AMENDING THE IN-UEU FEE DISTRICT MAP TO REFlECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING A DEFINmON FOR HNEW DEVElOPMENT AND IN-Fill DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENER- Al REPEAlER CLAUSE, AND A!'I EFFECTIVE DATE. The City Commission will ~duct two (2) Public Hearings for the pur- pose of acc~ting public testimony regarding the propoSed ordinance. 'The first Public Hearing will be held on TUESDAY, JANUARY 4, 2005, AT 7:00 P.M. in the Commission Chambers at City Hall, 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 contin- uation of such meeting which is set by the Commission). All interested citizens are invited 10 attend the p'ublic hearings and com- ment u X>!\ the prop'osed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or 10 obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 334M (arnail at ¡?-zmail@mYgelrqybeach.com\ or by calling 561/243-7040), between ihe hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclud- ing 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 TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAl IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PUR- SUANT TO F.S. 286.0105. Boca Raton/DeI~ Beach News PUBUSH: ~,December 27, 2004 Thursdáy, January 13, 2005 Ad. NSl204304 CITY OF DElRAY BEACH . CheveIIe D. Nubin Gtyderk , , , .. , ~_. _ r~_ . CITY OF DEIRAY::BEÂCH , NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY ",:~, E"~ GS~Ql0NG-~.t^,' ~ II. ., ,'RE ùliAt'IUIÐ'--'~ sir iff[ >N 41.: 9IE), uUKAt(Ötl»F f , . PARKING SPACES"~TO PROVIDE' FOR CHANGES-IN THE IN-LIEÙ 'PARKING F:EE, . ALTERNATIVES TO ,PURCHASING IN-liEU fEE . PARKING SPACES AND . AMENDING THE' ~ , i,IN-[IEU FEE DISTRla MAP,'TO REFLEa " EXPANSION OF AREA ;2;,~AI£~DING ' APPENDIX II A" BY ENAalNG NEW . DEFINITIONS . The' CityComri1ission o{ the City of Delrày B~h,,, FI~rida, ptopos~s .' tò adopt t:he follòwing ordinance: - ',:'" -. - ': .' ': ~ " : ORDINANCE NO~ 74-04 . " .'i.- i' n o 3 . '8 I» ; ~ <II i aJ' <II .~ ¡:, ~ I i '~ O' ~ <II 3 CI' ~. ~ N o o ~ -. -. , . AN ORQINANCE. OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FlORIDA, AMENDING THE lAND DEVELOPMENT REGULAtiONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, NOFF-STREET PARKING REGULATIONSN ,.SUBSEC- TION 4.6.9(E), NlOCATION OF PARKING SPACESN TO PROVIDE FOR CHANGES IN THE IN-LIEU PARKING FEE, ALTERNATIVES TO ·PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDfNG THE IN-LIEU FEE DISTRrO MAP TO REFlEO EXPANSION OF AREA 2; AMENDING APPENDIX NAN BY ENACTlt--IG A DEFINITION FOR IINEW .DEVEl~PMENT,AND.IN-FILL DEYflÇ?PME'NT"; PROVIDING A SAVING CLAUSE, A GiNERAt REPEALER ClAUSE, AND AN EFFEOIVE DÁTE. ' . , The CifY-'Commission wiUc~duct two (2) Public 'Héaringsfor the pur- pose of acçèpting f?ublic testimonr règarding the proposed ordi- nance. The first PUblic Hearing wit be held on TUESDAY, JANU- ARY 4,' 2005, AT 7:00 P.M. in th~ Commission Chambers at City HaU, Jqo'N.W. 1st Aven~e,-,Pelr~ Beqch,. Fbrida. If the pro- ~Sed ordinà~ce is pa$~ òn: first' {~~g, a $eCQnd Public Hearing will be held on TUESD~Y; JANUARY, J8~2OØ$ AT 7:00 P.M. (or at any continuation of' such' meeting wnièh' is set by the Commission). - ' ,,' . , - cø , " - , - ~ ~ ~ -. .- An intérested citi~ns pre .invited to attend the p.,blic hearings and comment u~ ~ pic?P9seçf ótdinanc~ or submit theif- cOmments in writing on or before the date of these ~rings to.& P~!I¡ng and lQning Departmeof. For ftJi1h~ ~~ or to òbtåin,'Q copy of the prOpošed ordinanC@,~ Ì?I.oase cQntad the Planning and Zoni~ 'Department C!fy'HaIf, lÖÕN.W. 1st Avenue, Defray .leach, Floridã ;33444 ,(~, at p'zmail@mydeJrayþ~h:cO(ft) Or' b~ caDing , 56'l24~7Ø4OJ:, between ffie hours óf 8.00 a.m. and 5.00 p.m., , Monday through friday, excluding ~olidays. -I!lEASE BE'ADVISED THAT IFA PERSON DECIDES to APPÈAí. ANY ' DECISION MADÉ BV THE çrrv COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTrMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE eFrY' DOES NoT PROVIDE NOR PREPARE . SUCHRECGRD PURSUANT 10 <f.S., 286,0105. . ~ " -' :' - - , . , Boca' RatOn/DefraY Beach News' " PUBUSH: Mo~~ DeÇember'27, 2004 , ThuisdOY, Jañúary 13, 2005 Ad# NS1204304 CFIY OF DELRAY'BEACH . , Chevélle Ð. Nubin Citr qèrk.