Ord 05-01FAILED ON FIRST/1ST PUBLIC HEARING - JANUARY 16, 2001
ORDINANCE NO. 5-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION
4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY DELETING THE ONE TIME
ONE SPACE PARKING REDUCTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, on August 22, 2000, the Parking Management Advisory
Board recommended that the Land Development Regulations of the City of Delray Beach
be amended by eliminating the provision for a one time reduction of one parking space in
the CBD and OSSHAD zoning districts; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on November 20,
2000, at which meeting a motion was made to deny the proposed amendment to eliminate
the one time one space parking reduction, and said motion failed on a vote of 3 to 3; and
WHEREAS, the City Commission of the City of Delray Beach finds that
the proposed amendment is consistent with and furthers the goals, 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", Section 4.4.13,
"Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District
Regulations", Subparagraph 4.4.13(G)(1), "Parking", of the Land Development
Regulations of the City of Delray Beach, be and the same is hereby amended to read as
follows:
FAILED ON FIRST READING/1ST PUBLIC HEARING - JANUARY 16, 2001
FAILED ON FIRST READING/1ST PUBLIC HEARING - JANUARY 16, 2001
Section 4.4.13 Central Business (CBD) 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. 1st 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 only. Changes in use (both residential and
non-residential) shall not be required to provide on-site parking.
The parking required for the creation of new non-residential floor
area 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).
\,-,1
(e b)
If it is impossible or inappropriate to provide required parking on-
site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee
option provided in Section 4.6.9(E)(3) may be applied.
(d c) The parking requirement for restaurants is established at six (6)
spaces per 1,000 square feet of floor area.
(ed) The parking requirements for residential units in multi-family
structures and mixed use buildings shall be as follows:
· Efficiency dwelling unit
· One bedroom dwelling unit
· Two or more bedroom dwelling unit
· Guest parking shall be provided
cumulatively as follows:
1.0 space/unit
1.25 spaces/unit
1.75 spaces/unit
2 Ord. No. 5-01
FAILED ON FIRST READING/1ST PUBLIC HEARING - JANUARY 16, 2001
FAILED ON FIRST READING/FIRST PUBLIC HEARING - JANUARY 16, 2001
-for the first 20 units
-for units 21-50
-for units 51 and above
0.50 spaces/unit
0.30 spaces/unit
0.20 spaces/unit
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.24, "Old
School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(G), "Supplemental
District Regulations", Subparagraph 4.4.24(G)(6), of the Land Development Regulations
of the City of Delray Beach, be and the same is hereby deleted in its entirety, as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
Supplemental District Regulations: Supplemental district regulations as set
forth in Article 4.6, except as modified herein, apply:
(6)
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon
its passage on second and final reading.
on this the
PASSED AND ADOPTED in regular session on second and final reading
day of ., 2001.
ATTEST:
City Clerk
First Reading FAILED
Second Reading
MAYOR
ON FIRST READING/FIRST PUBLIC HEARING -
1/16/2001
3 Ord. No. 5-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
AGENDA ITEM ]tO .~.,. - REGULAR MEETING OF JANUARY 16, 2001
ORDINANCE NO. 5-01 (ELIMINATION OF ONE TIME ONE SPACE
PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS)
REVIEW OF ORDINANCE NO. 6-01 (MODIFYING THE ONE TIME
ONE SPACE PARKING REDUCTION IN THE CBD, CBD-RC AND
OSSHAD DISTRICTS
DATE:
JANUARY 12, 2001
This is first reading and the first public hearing for Ordinance No. 5-01 that would eliminate the one
time one space parking reducuon in the Central Business District and the Old School Square Historic
Arts District. When the proposed text amendments relating to parking requirements were first
discussed at the December 12~ regular meeting, the Commission gave direction that the two issues
(increased parking for restaurants in the original DDA area and elimination of the one ttme one space
parking reduction in the CBD and OSSHAD districts) be separated into two ordinances and
readvertised so that separate actions could be taken on the two issues. This was done and the
ordinances were advertised for first reading and first public hearing on January 16~h.
In the meantime, the Commission reviewed the parking issues at the January 9m workshop. The
consensus was to support the increased parking requirement for restaurants in the original DDA area
(Ordinance No. 4-01 on flus agenda). However, it was the further consensus of the Cornrmssion to
Mot support the complete ehminatton of the one time one space parking reduction. It was felt that
eliminamag this provision could have an adverse impact on smaller, "Mom & Pop" type operations
that might want to locate in the CBD or the OSSHAD district. After some discussion, a compromise
was suggested that would allow for a one space parking exemptton in those instances where either
new development, expansion of an existing use or a change in use resulted m the requirement of only
one new parking space. If more than one parking space was required, no exemptton would be
allowed and the parking would have to be provided tn order for the development to occur.
Ordinance No. 6-01 was drafted in response to this direction.
Again, Ordinance No. 5-01 appears on the agenda because xt was advertised for its first public hearing
on January 16~s. The recommendation is to vote Ordinance No. 5-01 down on first reading.
Direction is also requested from the Commission xf the proposed Ordinance 6-01 accurately reflects
the direction given at the January 9~ workshop. If it does, or if the Commission wishes to make any
additional changes, we can then proceed with advernstng the ordinance for formal consxderation on
first reading and the first public heating on February 6, 2001.
0 0. ,5- 0 1 t'S9 oD F/,e,57"-
BOB BARCINSKI
PMAB MEETING
DECEMBER 19, 2000
FOLLOW UP
Meeting scheduled January 16, 2001 at 8:00 am in CM Conference Room,
not sure if you need to get with Jeff Costello regarding this or not??
Send only last quarter Status Report to members for each meeting but
keep the complete Status Report and give to each new member. (Keep
quarterly status report for current members)
Ron Hoggard and Mr. Harden:
Ordinance - The original intent was a one time exception only in original
DDA and East of the lntracoastal, not other areas as listed.
Ron Hoggard: See all changes in print before going to the City
Commission.
Incorporate a section into the Parking License Agreement for valet
violations only
Cost of Metered Lots????
· Selling Naming Rights of Parking Lots
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
PAUL DORLING, DIRECTOR OF PLANNING AND ZONING
ALISON M. HARTY, CITY CLERK
PARKING ORDINANCES
JANUARY 4, 2001
Attached are copies of the parking ordinances as I have separated them. Ord. 4-01 pertains to the
increased parking requirement for restaurants in the original DDA area, while Ord. 5-01 deletes
the one time one space parking reduction in the CBD and OSSHAD.
Please review them and let me know if you have any suggestions or comments. Thanks!
AMH/m
Attachments
NOTICE OF PROPOSFB AMEND~
TO THF, LAND DEVI~ O~
RF~ULATIONS TO Di~I,ErE ~ ONE
TIME ONE SPACE PARKING
REDUCnON IN THE CENTRAL
BUSINFSS D~CT (CBD) AND THE
Ol ~B SCHOOL SQUARE tRVIORIC
AgIS DISTRICT (OSSHAD)
ORDINANCE NO.
AN ORDINANCE OF THE Cl-l-i COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING sEcrION 4.4.13, '~'~2qTRAL BUS]HESS ~CBD)
DISTRICT', S. UBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT RF, GULA-
TION5", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DIS-
TRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGU-
LATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY DELETING THE ONE TIME ONE SPACE PARKING REDUC-
TION; PROVIDING A SAVING CLAUSE, A GEaNERAL REPEAI-I~.R CLAUSE, AND
The City ~i,sion will conduct two (2) Public ~g~ f~r the purpose of accepting
public testimony regarding the proposed ordinance. The first Public Hearing will be bekl
on TUESDAY. JANUARY 16. 2001. AT 7:00 P.M. in the Commission ~nm~ers ~* City
H~ll, 100 N.W. Ist Avenue, Dekay Beach, Florid~ If the proposed o~linn~ is ~ on
first reading, a second Public Hearing will be held on TUESDAY. FEBRUARY 6. 2001.
AT 7:00 P.M.. (or at any continuation of such meeting which is set by the Commi~siou).
All interested citizens are invited to atmad the public hearings and comment upon the
proposed ordinance or submit their comments in writing on or before the date of these
hearings to the Planning and Zoning Depamnent. For fm'tber information or to obtain a
copy of the proposed ordinance, please contact the Planning and Zoning Department, City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 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
MATER CONSIDERED AT THESE ttEARINGS, SUCH PERSON MAY
TIMONY 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.
PUBLISH: BOCA RATON NEWS &
DELRAY BEACH HEWS
January 8, 2001
January 31, 2001
Ad,~ NS0116
~ OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
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