Ord 06-01ORDINANCE NO. 6-01
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", SECTION 4.4.24,
"OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS
DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION
4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY MODIFYING 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, CBD-RC 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:
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. 1 st 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 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).
(b)
^n,,. T ....... ~ loan, wWhen the parking requirements are
applied to either new development, expansion of an existing use or
a change in use which results in the requirement of only one new
parking space, a one space exemption shall be allowed, sa:'d
,,o,vl ....... ~ .....,6 oh~n ~.,~ reduced b3 ......rt-~-- space. This
~xemption may only occur once per property.
(c)
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)
The parking requirement for restaurants is established at six (6)
spaces per 1,000 square feet of floor area.
(e)
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
1.0 space/unit
1.25 spaces/unit
2 Ord. No. 6-01
Two or more bedroom dwelling unit
Guest parking shall be provided
cumulatively as follows:
1.75 spaces/unit
-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 amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(G)
Supplemental District Regulations: Supplemental district regulations as set
forth in Article 4.6, except as modified herein, apply:
(6)
A c,,~, T ....... ~ ~ ooA, wWhen the parking requirements of Section
4.6.9(C) are applied to either new development, expansion of an
existing use or a change in use, which results in the requirement of
only one new parking space, a one space exemption shall be
allowed. ~o;~ ,,o,v; ....... ; .....,~ o~,~n r,~ reduced b3
~ This reduction exemption may only occur once per
prope~y.
Section 3. That Chapter Four, "Zoning Regulations", Section 4.4.28,
"Central Business District-Railroad Corridor (CBD-RC)", Subsection 4.4.28(G),
"Supplemental District Regulations", Subparagraph 4.4.28(G)(1), of the Land
Development Regulations of the City of Delray Beach, be and the same is hereby
amended to read as follows:
Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC)
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, the following shall apply:
(1)
When the parking requirements of Section 4.6.9(E)(4) are applied
to either new development, expansion of an existing use or a
change in use, which results in the requirement of only one new
parking space, a one space exemption shall be allowed, sz~d
3 Ord. No. 6-01
exemption may only occur once per property.
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 immediately upon
its passage on second and final reading.
on this the
P3SSED AND A4DgPTED in regular session on second and final reading
~,~ ~ day ofc~7'~ ,2001.
MAYOR
ATTEST:
~"~_~ City Clerk
First Reading d-&~' ~,
Second Reading d-g~. ~0,
4 Ord. No. 6-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~¢~
AGENDA ITEM /0~ - REGULAR MEETING OF FEBRUARY 6, 2001
ORDINANCE NO. 6-01 (MODIFYING THE ONE TIME ONE SPACE
PARKING REDUCTION IN THE CBD, CBD-RC AND OSSHAD
DISTRICTS
JANUARY 30, 2001
This is first reading and the first pubhc heating for Ordinance No. 6-01 that would modify the one
time one space parking reduction provision in the Central Business Dxstrict, the Central Business
District-Railroad Corridor, and the Old School Square I-hstoric Arts Dxstfict.
Ordinance No. 6-01 was drafted in response to Commission chrecuon at the January 9th workshop,
where it was the Commission's consensus not to support the complete elimination of the one time
one space parking reduction. It was fek that ehminating this provisxon could have an adverse impact
on smaller, "Mom & Pop" type operations that rmght want to locate in the CBD or the OSSHAD
districts. After some discussion, a comprormse was suggested that would allow for a one space
parking exemption in those instances where other new development, expansion of an existing use or
a change in use resulted in the requrtement of only one new parking space. If more than one parking
space was required, no exemption would be allowed and the parking would have to be provided in
order for the development to occur. Ordinance No. 6-01 was presented to the Commission for
review on January 16, 2001. It was the consensus that the ordinance accurately reflected the
Commission's intent, and direction was given to proceed w~th the required advertising.
Recommend approval of Ordinance No. 6-01 on first reading. If passed, a second public hearing will
be scheduled for February 20, 2001.
RefiAgmemol 4.Ord6-01.Modified One Time One Space Reduction Pkg. Reduction
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS TO
MODIFY THE ONE TIME ONE SPACE PARKING
REDUCTION IN THE CENTRAL BUSINESS
DISTRICT (CBD), THE OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD), AND
THE CENTRAL BUSINESS DISTRICT-
RAILROAD CORRIDOR (CBD-RC)
The City Commission of the City of Delray Beach, Florida, proposes to adopt the
following ordinance:
ORDINANCE NO. 6-01
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", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", AND SECTdON 4.4.28, "CENTRAL BUSINESS
DISTRICT RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY
MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION,
PROVIDING A SAVING CAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Commission w~ll conduct two (2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance The first Pubhc
Hearing will be held on TUESDAY~ FEBRUARY 6. 20011 AT 7:00 P.M. ~n the
Commission Chambers at City Hall, 100 N.W 1st Avenue, Delmy Beach,
Florida. If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY~ FEBRUARY 20~ 2001 AT 7:00 P.M. (or at
my continuatDn of such meeting which is set by the Commission).
All interested citizens are invited to attend 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 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. 1st Avenue, Delray
Beach, Florida 3344~ (Phone 561/243-7040), between the hours of 8:00 a-re.
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.
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
PUBLISH: Boca Raton/Delray Beach News
January 29, 2001
February 14, 2001
Ad # NS0197
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO MODIFY THE ONE TIME ONE SPACE PARKING
REDUCTION IN THE CENTRAL BUSINESS DISTRICT (CBD), THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), AND THE
CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)
The City Commission of the City of Delray Beach, Florida, proposes to adopt the
following ordinance:
ORDINANCE NO. 6-01
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", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-
RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE
PARKING REDUCTION; PROVIDING A SAVING CAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of accepting
public testimony regarding the proposed ordinance. The first Public Hearing will be held
on TUESDAY, FEBRUARY 6, 20017 AT 7:00 P.M. in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is
passed on first reading, a second Public Hearing will be held on TUESDAY,
FEBRUARY 207 2001, AT 7:00 P.M. (or at any continuation of such meeting which is
set by the Commission).
All imerested citizens are invited to attend the public hearings and comment upon the
proposed ordinance or submit their comments in writing on or before the date of these
heatings to the Planning 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. 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
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.
PUBLISH: Delray Beach Times CITY OF DELRAY BEACH
January 29, 2001 Alison MacGregor Harry
February 14, 2001 City Clerk
INSTRUCTIONS TO NEWSPAPER: This ad is not to be placed in the legal
ads/classified section of the newspaper. It must be at least two standard columns wide
and ten inches long. The entire headline must be an 18 point bold headline. Thank
you.
City Clerk/S/Use Notice. Ord.6-01.Modified One Time One Space Pkg Reduction. CBD/OSSHAD/CBD-RC
MEMORANDUM
TO:
FROM:
SUBJECT:
I~L~YOR AND CITY COMMISSIONERS
~>~ITY MANAGER
AGENDA ITEM [(' C - 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 readmg and the first public heanng for Ordinance No. 5-01 that would elmunate the one
time one space parkmg reduction in the Central Busmess District and the Old School Square Historic
Arts Dismct. When the proposed text amendments relatmg to parkmg reqmrements were first
discussed at the December 12th regular meetmg, the Comrmss~on gave &recnon that the two ~ssues
(mcreased parkmg for restaurants m the ongmal DDA area and ekmmauon of the one nme one space
parking reducuon in the CBD and OSSHAD chsmcts) be separated mto two ordinances and
readverused so that separate acuons could be taken on the two issues. Tins was done and the
ordmances were adverused for first readmg and first public hearmg on January 16th.
In the meantime, the Commission reviewed the parkmg issues at the January 9th workshop. The
consensus was to support the mcreased parkmg reqmrement for restaurants m the origmal DDA area
(Ordmance No. 4-01 on this agenda). However, ~t was the further consensus of the Comnusslon to
not support the complete ehmmanon of the one nme one space parkmg reduction. It was felt that
ehminating tins provision could have an adverse impact on smaller, "Mom & Pop" type operauons
that rmght want to locate m the CBD or the OSSHAD district. After some discussxon, a comprormse
was suggested that would allow for a one space parkmg exempuon m those mstances where either
new development, expansion of an extstmg use or a change m use resulted m the reqmrement of only
one new parkmg space. If more than one parkmg space was required, no exemption would be
allowed and the parking would have to be provided m order for the development to occur.
Ordmance No. 6-01 was drafted in response to this direcnon.
Again, Ordmance No. 5-01 appears on the agenda because it was adverused for its first public hearmg
on January 16th. The recommendation ~s to vote Ordmance No. 5-01 down on first readmg.
Dzrection is also requested from the Commission if the proposed Ordmance 6-01 accurately reflects
the direcnon gnven at the January 9th workshop. If it does, or if the Comrmssion wishes to make any
addinonal changes, we can then proceed with advernsmg the ordmance for formal consxderauon on
first readmg and the first public hearmg on February 6, 2001.
0 0. ,5-01 p"/?/ cS.D
,5'-0
ORDINANCE NO./;,~
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)", SU,,BSECTION 4.4.24(G), "SUPPLEMENTAL~j~r-Ra~'~
REGULATIONS ,)OF THE LAND DEVELOPMENT,,..tkL~ULATIONS
OF THE CITY OF/DELRAY BEACH, B~HE. ONE'-~'ME
ONIiboSPACE 'P/~RKING 'REDUCTION; PROVIDING A SAVING
CLAUSE, A G~RAL REPEALER CLAUSE, AND AN EFFECTIVE
WHEREAS, on A,agust 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 CBI~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 Novem%r
2000, at which meeting a motion was made to deny the proposed amendment to.
the one time one space parking reduction, and said motion failed on a vote of 3
WHEREAS, the City Cormnission 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 (
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLO¥ r
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:
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. 1 st 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 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).
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 a "~ (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/ur,,
1.75 spaces/un
-for the first 20 units 0.50 spaces/unit
-for units 21-50 0.30 spaces/unit
-for units 51 and above 0.20 spaces/unit
~ection 2, That Chapter Four, "Z,o,,ning Regulations", Section 4.4.24, "Old
School Squar~Fl~~ ~-ts District (OSSHAD) , Subsection 4.4.24(G), "Supplemental
District Regulations", Subparagraph 4.4.24(G)(6), of t~~lations
of the City of Delray Beach, be and the same is he,r~~t~s f~ows:
Section 4.4.24 Old School Square Historic Arts
(O)
Supplemental District Regulations: Supplemental district regulations as set
forth in Article 4.6, except as modified herein, apply:
2 Ord. No. 5-01
Section ~:' 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 Io 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 ~. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section~ That this ordinance shall become effective immediately upon
its passage 6n second and final rea~ling.
on this the
PASSED AND ADOPTED in regular session on second and final reading
day of ., 2001.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 Ord. No. 5-01
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. 1st 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). _,.
(b) A,ffcr J3,-,u3,5' !, !994, ;;,w,~n the parking require,m~are applied to
either new development/~or a change in use-~1--~esults in the
requirement of only one new parking space, a one space exemption
shall be allowed.
st~3c~e_ This ~ exemption may only occur once per properW.
(4)
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~)The parking requirement for restaurants is established at six (6) spaces
per 1,000 square feet of floor area.
(e~)The parking requirements for residential units in multi-family structures
and mixed-use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively
as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Section 4.4.24 Old School Square Historic Arts District (OSSHAD):
(G) Supplemental District Regulations: Supplemental district regulations as set
forth in Article 4.6, except as modified herein, apply:
(6) .~:r J=nu=,"! !, !994, ;':When tCparking requirem,.e~,.~_ of Section
4.6.9(C) are applied to either new development~4)r a change in use, ~ f~sults in the
requirement of only one new parking space, a one space exemption shall be allowed.
°";'~ "'~'~'; ....... ; ..... *" °~"" ~'~ '"'~ .... '~ ~' ......, °'~';"" ""~'"" This exemption
v..~,-~ ~.~.~,,,,..~ ,~..~d,,v,..~..,.~.~.~ ~.,,~.~,. ~...v ,...~.~.~.~d ,~. ~.~ ,v ~.~'-~,,'~"'~1 ~.~v~.~.
~ may only occur once per property
Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC)
(G) SuDolemer~tal District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, the following shall apply:
(1) When ,th~ =pa,.rking requireme, n.t~...~c)f Section 4.6.9(E)(4) are applied
to either new development~ or a change in use, ~-~bsults in the requirement of only
one. new parking space, a one space exemption shall be allowed. .......o'-;'4 ,--."'~'~;"".....=
..... ; ..... *~ o~'~" ~,-- -~,'~ .... '~ ~, ........ ~'; ...... ,- This redur:,t~R exemption may
only occur once per property.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ff~
AGENDA ITEM /0.~ . REGULAR MEETING OF FEBRUARY 20, 2001
ORDINANCE NO. 6-01 (MODIFYING THE ONE TIME ONE SPACE
PARKING REDUCTION IN THE CBD, CBD-RC AND OSSHAD
DISTRICTS
FEBRUARY 14, 2001
Ttus is second reading and the second pubhc hearing for Ordinance No. 6-01 that would modify the
one time one space parking reduction promsmn in the Central Business District, the Central Business
Distnct-Raikoad Comdor, and the Old School Square Historic Arts District.
Ordinance No. 6-01 was drafted in response to Commission direction at the January 9m workshop,
where it was the Cornrmss~on's consensus not to support the complete elmfination of the one time
one space parking reduction. It was lek that ehminafing this promsion could have an adverse impact
on smaller, "Mom & Pop" type operations that might want to locate in the CBD or the OSSHAD
districts. After some discussion, a compromise was suggested that would allow for a one space
parking exemption in those instances where either new development, expansion of an existing use or
a change m use resulted m the requirement of only one new parking space. If more than one parking
space was required, no exempuon would be allowed and the parking would have to be promded m
order for the development to occur. Ordinance No. 6-01 was presented to the Commtssion for
review on January 16, 2001. It was the consensus that the ordinance accurately reflected the
Commission's intent, and direction was given to proceed with the required advertising.
At first reading on February 6~h, the City Commtssion passed the ordinance by a unanimous vote.
Recommend approval of Ordinance No. 6-01 on second and final reading.
RefiAgmemol4.Ord6-01 Modified One Time One Space Reducuon Pkg. Reducuon 2,~a Reading
ORDINANCE NO. 6-01
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", SECTION 4.4.24,
"OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS
DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION
4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY MODIFYING 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, CBD-RC 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:
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. 1 st 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 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).
(b)
After~..~,~....j ~ ........ -,~ l naA....., wWhen_ the parking requirements are
applied to either new development, expansion of an existing use or
a change in use which results in the requirement of only one new
parking space, a one space exemption shall be allowed, said
parking .,.,,.,_ ............................ j .... r ....... ~, or ....
~xemption may only occur once per property.
(c)
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)
The parking requirement for restaurants is established at six (6)
spaces per 1,000 square feet of floor area.
(e)
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
1.0 space/unit
1.25 spaces/unit
2 Ord. No. 6-01
Two or more bedroom dwelling unit
Guest parking shall be provided
cumulatively as follows:
1.75 spaces/unit
-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 amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(G)
Supplemental District Regulations: Supplemental district regulations as set
forth in Article 4.6, except as modified herein, apply:
(6)
^ c.~, T ....... ! ~ nan wWhen the parking requirements of Section
4.6.9(C) are applied to either new development, expansion of an
existing use or a change in use, which results in the requirement of
only one new parking space, a one space exemption shall be
allowed
~ This ~ exemption may only occur once per
property.
Section 3. That Chapter Four, "Zoning Regulations", Section 4.4.28,
"Central Business District-Railroad Corridor (CBD-RC)", Subsection 4.4.28(G),
"Supplemental District Regulations", Subparagraph 4.4.28(G)(1), of the Land
Development Regulations of the City of Delray Beach, be and the same is hereby
amended to read as follows:
Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC)
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, the following shall apply:
(1)
When the parking requirements of Section 4.6.9(E)(4) are applied
to either new development, expansion of an existing use or a
change in use, which results in the requirement of only one new
parking space, a one space exemption shall be allowed, said
~ exemption may only occur once per property.
3 Ord. No. 6-01
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 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:
MAYOR
City Clerk
First Reading
Second Reading
4 Ord. No. 6-01
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LASSIFIED
-CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS TO
MODIFY THE ONE TIME ONE SPACE PARKING
REDUCTION IN THE CENTRAL BUSINESS
DISTRICT (CBD), THE OLD SCHOOL SQUARE
HISTORIC ARTS OISTRICT (OSSHAD), AND
THE CENTRAL BUSINESS DISTRICT-
RAILROAD CORRIDOR (CBD-RC)
The City Commission of the City of Delray Beach, Florida, proposes to adopt the
following ordinance:
ORDINANCE NO. 6-01
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', SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), 'SUPPLEMENTAL
DISTRICT REGULATIONS', AND SEC'IliON 4.4.28, "CENTRAL BUSINESS
DISTRICT RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G),
'SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELI{AY BEACH, BY
MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION;
PROVIDING A SAVING CAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Headngs for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Headng will be held on TUESDAY~ FEBRUARY 6. 2001r AT 7:00 P.M. in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida: If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY~ FEBRUARY 20~ 2001 AT 7:00 P.M. (or at
my continuation of such meeting wbch is set by the Commission).
NI interested citizens are invited to attend the public headngs and comment
upon the proposed ordinance or submit their comments in writing on or before
the date of these bearings to the Planning 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. 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
MA'FI'ER 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.
CITY OF DELRAY BEACH
Alison MacGregor Harry
C~Clerk
PUBLISH: Boca Raton/Delray Beach News
January 29, 2001
February 14, 2001
Acl# NS0197