Loading...
Ord 17-01FAILED ON FIRST READING/FIRST PUBLIC HEARING - MAY 15, 2001 ORDINANCE NO. 17-01 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(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SI)BJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULA- TIONS'', AMENDING SECTION 4.6.9, "OFFSTREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMII,Y STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; 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 amendments at a public hearing held on January 22, 2001, and voted 6 to 0 to recommend approval; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposed amendments are consistent with and further 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", Subjection 4.4.13(D), "Conditional Uses and Structures Allowed", 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 FAILED ON FIRST READING/FIRST PUBLIC HEARING - MAY 15, 2001 FAILED ON FIRST READING/FIRST PUBLIC HEARING - MAY 15, 2001 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (16) East of the Intracoastal Waterway, Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (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 · 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 -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 Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", Subparagraph 4.6.9(C)(2)(c), of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: C. Number of Parking Spaces Required: ORD. NO. 17-01 FAILED ON FIRST READING/FIRST PUBLIC HEARING - MAY 15, 2001 (2) Requirements for Residential Uses: (c) Multiple Family Structures: * Efficiency dwelling unit * One bedroom dwelling unit * Two or more bedroom d.u. * Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit -for the first 20 units -for units 21-50 -for units 51 and above 0.5 spaces/mt 0.3 spaces/unit 0.2 spaces/mt Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 4. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(F), "Special Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subparagraph 4.6.9(F)(3) to read as follows: (F) Special Provisions (3) Valet Parking: A parking facili _ty with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors, including tandem parking and parking appliance system (mechanical lift), may be utilized in lieu of the requirements of this Section provided the following requirements are complied with: Any required valet or tandem parking utilized in lieu of the parking requirements set forth in this section shall be governed by an agreement with the City (in such form as may be approved by the City_ Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreement may be released by the Ci_ty Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking requirements for said use. 3 ORD. NO. 17-01 FAILED ON FIRST READING/FIRST PUBLIC HEARING - MAY 15, 2001 (d) (e) (0 (g) (i) There is a parking professional available for the vehicle retrieval during business hours. The dimensions for valet and tandem parking spaces shall be a minimum of eight and one-half feet (8'6") wide and sixteen feet (16') deep with a maximum stacking of two (2) vehicles along with a drive aisle of twenty-four feet (24'); however, in the event a parking appliance system is utilized, the width may be reduced to no less than eight feet three inches (8'3"). Valet parking may be utilized to conform with the number of handicap accessible parking spaces provided that: (i) At least two (2) handicapped accessible spaces are provided adjacent to the vehicle queuing area for those vehicles which cannot be operated by the parking professional; and (ii) The disabled person's vehicle may be safely operated by aforementioned parking professional. Valet drop-off/queuing area must be provided with a minimum length of 100 feet. Greater queuing area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The length of the queuing area may be reduced when supported by a traffic study. When a parking appliance system is utilized, a decorative wall must be provided and installed to a height that screens both the vehicles and mechanical equipment from adjacent properties or fights-of-way. The lift motor must be encased by a sound proofing system, which is lined with acoustical urethane foam panels, or similar sound proofing material, a minimum four inches (4") thick. Where a parking appliance system facility abuts a residential development or property zoned residential, a ten foot (10') landscape buffer shall be provided. Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parking lot are evenly distributed along the perimeter of the parking area or facility and subiect to the following requirements: 4 ORD. NO. 17-01 FAILED ON FIRST READING/FIRST PUBLIC HEARING - MAY 15, 2001 (i) That a ten foot (10') perimeter landscape buffer consisting of a hedge and trees be provided; and (ii) That a decorative wall be placed on the interior edge of the landscape strip and installed such that the mechanical equipment and vehicles shall not be visible from adjacent properties or rights-of-way. Additional requirements may be imposed with the review of the conditional use request to ensure compatibility with adjacent properties. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2001. ATTEST MAYOR City Clerk First Reading. FAILED Second Reading ON FIRST READING/FIRST PUBLIC HEARING - MAY 15, 2001 5 ORD. NO. 17-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~4~ AGENDA ITEM [19 A - REGULAR MEETING OF MAY 1, 2001 ORDINANCE NO. 17-01 FIRST READING/FIRST PUBLIC HEARING (VALET AND TANDEM PARKING) DATE: APRIL 27, 2001 First Reading/First Public Hearing of Ordinance No. 17-01 was originally scheduled for the March 6th meeting but continued to May 1~ with modifications. At the March 6th meeting, Mr. Perlman suggested postponing consideration of this ordinance until after the Downtown Business Area Steering Committee Charrette and Mr. Schwartz concurred. Commission voted 5-0 to continue the First Reading/First Public Hearing of Ordinance No. 17-01 to the May 1, 2001 meeting. The preliminary report from the consultant, however, is not expected until Friday, May 4th, therefore, staff is recommending that First Reading/First Public Hearing of Ordinance No. 17-01 be continued until the May 15th meeting. Recommend continuing the First Reading/First Public Hearing of Ordinance No. 17-01 to a date certain of May 15, 2001. Ref~grnemol40rdl7-01 Tandem Parking.05-01-01(2) TO: THRU: FROM: SUBJECT: MEETING OF MAY 15, 2001 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTIONS 4.4.13 REGARDING THE PARKING REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND SECTION 4.6.9 ESTABLISHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS. I At its meeting of March 6, 2001, the City commission continued the proposed LDR text amendment to receive the community's input from the Charrette held in April. The amendment would allow 100% of the required parking for restaurants, cocktail lounges, hotels, and residential type inns within the Central Business District, east of the Intracoastal Waterway, to be accommodated through the provision of valet parking. The proposal allowed valet parking to be accommodated Utilizing a parking appliance/lift system, tandem parking, or the combination of both. The amendment previously allowed tandem parking for multiple family developments with no more than 10 units and clarified the use of tandem parking in townhouse developments. The amendment also included design criteria for valet and tandem parking lot configurations. The Commission had concerns with tandem ~arking in multiple family developments as well as the noise that would be generated by the parking appliance/lift system. The Commission also discussed adding a requirement to install a roof when a parking appliance system is'used. Based upon these concerns, the Commission denied the text amendment and directed staff to modify the text based on their concerns. The attached ordinance has been modified to eliminate the provision that would have allowed tandem parking in multiple family developments. A provision has been added which requires the lift motor to be encased by a sound proofing system, which must include acoustical foam panels a minimum 4" thick. With regard to providing a roof over the hft system parking area, it seems appropriate to address this on a case-by-case basis. The proposed text does require a decorative wall to screen the vehicles and mechanical equipment when a parking lift system is used. When a parking appliance system facility abuts a residential development or property zoned residential, a 10' landscape buffer shall be provided. Through the conditional use process additional requirements may be imposed to ensure compatibility with adjacent properties and a provision has been added which reflects this. While this language exists elsewhere in the Land Development Regulations (Section 2.4.4(C)), it has been added to reinforce the requirement. Public input received during the Charrette indicated opposition to the approval of the use of appliance/lift systems within the City. The Treasure Coast Regional Planning Council also addressed the appliance/lift systems concluding that it's use is a temporary solution, at best, and recommended alternative plans be developed to resolve the parking problem. By motion, approve the amendment to the Land Development Regulations Section 4.4.13 to allow required parking to be accommodated utilizing valet.parking and Section 4.6.9 establishing design standards for valet and tandem parking arrangements; and City Commission discretion with respect to allowing the appliance/lift systems. Attachment: Ordinance by Others City Commission Documentation Meeting of March 6, 2001 LDR Text Amendment- LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 2 STAFF'S RECOMMENDATION Section 4.4.13 Central Busine~((~BD)'District: (D) Conditional Uses and Structures Allowed: (16) East of the Intracoastal Waterway, Restaurants, Cocktail Loun.qes, Hotels, and Residential Type Inns, may provide their required parkin.q as valet parkin.q, subiect to the provisions of 4.6.9(F)(3). (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: (e) The parking requirements for residential units in multi-family structures and mixed- use buildings shall be as follows: · Efficiency dwelli_n'g;_up.i.tL:;, 1.0 space/unit · One bedroom dw~el!i,n,~g,?'q, it 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'bnil~{ 0.50 spaces/unit - for units 21-50 : 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and Townhouse Type developments, parkin.q may be provided in front of ,qara,qe units provided that such parkin,q does not result in the space for one unit impeding access to a space of the other unit. Section 4.6.9 Parking Regulations: ~., ~ , (C) Number of Parking Spaces Required:~-, [ :-: i (2) Requirements for Residehti~al Uses: (c) Multiple Family Structures: · Efficiency dwelling Unit * One bedroom dwelling unit * Two or more' bedroom d.u. * Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit City Commission Documentation Meeting of March 6, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 3 ~-.~ ..... for the first 20 un!ts. ~ ~. - for units 21-50 - for units 51 and above 0.5 spaces per unit 0.3 spaces per unit 0.2 spaces per unit Within Townhouse and Towhhouse Type developments, parkin,q may be provided in front of .qaraRe units provided that such parkin.q does not result in the space for one unit impedin.q access to a space of the other unit. (F) Special Provisions: ~ (3) Valet Parking: A parkin,q facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors includin.q tandem parkin.q and parkin.q appliance system (mechanical lift) may be utilized in lieu of the requirements of this Section provided the followin.q requirements are complied with: (a) Any required valet or tandem parkin.q utilized in lieu of the parkin.q requirements set, forth in this section shall be .qoverned by an a.qreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The aRreement shall constitute a covenant runnin.q with the land bindin.q upon the owners., heirs, administrators, successors, and assi.qns. The a,qreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parkin.q arran.qement which satisfies the parkin.q requirements for said use. (b) There is a parkin,q professional available for the vehicle retrieval durin,q business hours. (c) The dimensions for valet and tandem parkin.q spaces shall be a minimum of ei,qht and one half feet (8'6") wide and sixteen feet (16') deep with a maximum stackin.q of two (2) vehicles alonR with a drive aisle of twenty-four feet (24'); however, in the event a parkin.q appliance system is utilized, the width may be reduced to no less than ei.qht feet three inches (8'3"). (d) (e) Valet parkin.q may be utilized to conform with the number of handicap accessible parkin.q spaces provided that:' (i) At least two handicapped accessible spaces are provided adiacent to the vehicle queuin.q area for those vehicles which cannot be operated by the parkin,q profession~al;, ~nd; (ii) The disabled person's vehicle may be safely operated by aforementioned parkinR professional. Valet drep-off/queuin,q area'must be previded with a minimum len,qth of 100'. Greater queuin,q area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The lenqth of the queuin,q area may be reduced when supported by a traffic study. City Commission Documentation Meeting of March 6, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4,6.9 Regarding Valet and Tandem Parking in the CBD Page 4 When a parkin.q appliance system is utilized, a decorative wall must be provided and installed to a height that screens both the vehicles and mechanical equipment from adjacent properties or ri.qhts-of-way. The lift motor must be encased by a sound proofing system, which is lined with acoustical urethane foam panels, or similar sound proofing material, a minimum 4" thick. (h) Where a parking appliance system facility abuts a residential development or property zoned residential, a 1 O' landscape buffer shall be provided. (i) Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parkin.q lot are evenly distributed alonq the perimeter of the parking area or facility and subject to the followin,q requirements: (i) (i) That a 10' perimeter landscape buffer consisting of a hedge and trees be provided; and, (ii) That a deco~:ative wall be placed on the interior edge of the landscape strip and installed such that the mechanical equipment and vehicles shall not be visible from adjacent properties or rights-of-way. Additional requirements may be imposed with the review of the conditional use request to ensure compatibility with adjacent properties. ORDINANCE NO. 17-01 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(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(0), "SUPPLEMENTAL DISTRICT REGULA- TIONS'', AMENDING SECTION 4.6.9, "OFFSTREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; 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 amendments at a public hearing held on January 22, 2001, and voted 6 to 0 to recommend approval; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposed amendments are consistent with and further 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", Subjection 4.4.13(D), "Conditional Uses and Structures Allowed", 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 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (16) East of the Intracoastal Waterway, Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (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 · 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 -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 Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", Subparagraph 4.6.9(C)(2)(c), of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: C. Number of Parking Spaces Required: 2 ORD. NO. 17-01 (2) Requirements for Residential Uses: (c) Multiple Family Structures: * Efficiency dwelling unit * One bedroom dwelling unit * Two or more bedroom d.u. * Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit -for the first 20 units -for units 21-50 -for units 51 and above 0.5 spaces/unit 0.3 spaces/unit 0.2 spaces/unit Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 4. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(F), "Special Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subparagraph 4.6.9(F)(3) to read as follows: (F) Special Provisions (3) Valet Parking: A parking facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors, including tandem parking and parking appliance system (mechanical lift), may be utilized if allowed by Section 4.4.13(D)(16) and provided the following requirements are complied with: (a) Any required valet or tandem parking utilized in lieu of the parking requirements set forth in this section shall be governed by an agreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking requirements for said use. 3 ORD. NO. 17-01 (b) There is a parking professional available for the vehicle retrieval during business hours. (c) The dimensions for valet and tandem parking spaces shall be a minimum of eight and one-half feet (8'6") wide and sixteen feet (16') deep with a maximum stacking of two (2) vehicles along with a drive aisle of twenty-four feet (24'); however, in the event a parking appliance system is utilized, the width may be reduced to no less than eight feet three inches (8'3"). (d) Valet parking may be utilized to conform with the number of handicap accessible parking spaces provided that: (i) At least two (2) handicapped accessible spaces are provided adiacent to the vehicle queuing area for those vehicles which cannot be operated by the parking professional; and (ii) The disabled person's vehicle may be safely operated by aforementioned parking professional. (e) Valet drop-off/queuing area must be provided with a minimum length of 100 feet. Greater queuing area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The length of the queuing area may be reduced when supported by a traffic study. (f) When a parking appliance system is utilized, a decorative wall must be provided and installed to a height that screens both the vehicles and mechanical equipment from adjacent properties or rights-of-way. (g) The lift motor must be encased by a sound proofing system, which is lined with acoustical urethane foam panels, or similar sound proofing material, a minimum four inches (4") thick. (h) Where a parking appliance system facility abuts a residential development or property zoned residential, a ten foot (10') landscape buffer shall be provided. (i) Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parking lot are evenly distributed along the perimeter of the parking area or facility and subject to the following requirements: 4 ORD. NO. 17-01 (i) That a ten foot (10') perimeter landscape buffer consisting of a hedge and trees be provided; and (ii) That a decorative wall be placed on the interior edge of the landscape strip and installed such that the mechanical equipment and vehicles shall not be visible from adjacent properties or rights-of-way. (J) Additional requirements may be imposed with the review of the conditional use request to ensure compatibility with adjacent properties. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2001. ATTEST MAYOR City Clerk First Reading. Second Reading 5 ORD. NO. 17-01 May 7, 2001 Mr. Donald Robinson Manor House 100 North Ocean Boulevard Delray, Florida 33483 Mr. Paul Dorling Director of Planning & Zoning City of Delray Beach 100 North West 1 st Avenue Delray Beach, Florida 33444 Dear Mr. Dorling: Several years ago my wife and I bought a home in Delray Beach because we loved the charm of both the neighborhood and the downtown area. In the past year we have invested in several small properties along Salina Avenue. We saw an opportunity to buy and renovate these residential units so our families could visit from time to time and with the hope that these properties would appreciate in the future. I have become increasingly concerned with the proposed ordinance change that would allow a commercial property owner to increase the density of his property by either tandem parking or using a mechanical parking devise. While this may help an individual project owner add to the intensity of his site, it in no way will alleviate parking needs in the downtown area. I took the time to attend the Charette at the end of April and in fact our entire table was appalled at how out of character a mechanical or tandem structure would look in our town. I would expect to see something like this in New York City or Downtown Miami but not in a beautiful coastal town like Delray Beach. Please let the commission members know, my strong feeling against this ordinance. Also, as a residential property owner on Salina Avenue I strongly disagree with the intensive use proposed for the Bermuda Hotel site. Please come and look at how small our street is and then envision what a project like that will do to our neighborhood. Their site plan has maximized the building coverage with minor set-backs (imagine a 5 foot building set-back on our small street). Do not add negativity to our neighborhood by generating increased deliveries, more and bigger dumpsters, taller buildings, more traffic or anything else associated with this dramatic change. Sincerely, Don Robinson TO: THRU: FROM: SUBJECT: PAUL~D~~LANNINO AND ZONING MEETING OF FEBRUARY 6, 2001 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGU~TIONS SECTIONS 4.4.13 REGARDING THE PARKING REQUIREMENTS IN THE CBD ZONE DISTRICT TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND SECTION 4.6.9 ESTABLISHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS. At its meeting of January 6, 2001, the City Commission considered the proposed LDR text amendment. The amendment would allow 100% of the required parking for restaurants, cocktail lounges, hotels, and residential type inns within the CBD zone district, east of the Intracoastal Waterway, to be accommodated through the provision of valet parking. The proposal allowed valet parking to be accommodated utilizing a parking appliance/lift system, tandem parking, or the combination of both. The amendment allowed tandem parking for multiple family developments with no more than 10 units and clarified the use of tandem parking in townhouse developments. The amendment also included design criteria for valet and tandem parking. The Commission had concerns with tandem parking in multiple family developments as well as the noise that would be generated by the parking appliance/lift system. The Commission also discussed adding a requirement to install a roof when a parking appliance system is used. Based upon these concerns, the Commission denied the text amendment and directed staff to modify the text based on their concerns. Staff visited a site in Miami which utilizes a parking appliance lift system and video recorded the lifts in operation. At the Commission's February 27th workshop, the video was presented and revealed that the noise generated by the raising and lowering of the lifts is minimal and the noise generated by the hydraulic motor was similar to that of an air conditioner compressor. Based upon the Commission's concerns, the attached ordinance has been modified to eliminate the provision that would have allowed tandem parking in multiple family developments. A provision has been added which requires the lift motor to be encased by a sound proofing system, which must include acoustical foam panels a minimum 4" thick. With regard to providing a roof over the lift system parking area, it seems appropriate to address this on a case-by-case basis. The proposed text does require a decorative wall to screen the vehicles and mechanical equipment when a parking lift system is used. When a parking appliance system facility abuts a residential development or property zoned residential, a 10' landscape buffer shall be provided. Through the conditional use process additional requirements may be imposed to ensure compatibility with adjacent properties and a provision has been added which reflects this. While this language exists elsewhere in the Land Development Regulations (Section 2.4.4(C)), it has been added to reinforce the requirement. By Motion, approve on first reading a text amendment to Section 4.4.13 regarding the parking requirements in the CBD zone district to accommodate required parking utilizing valet or tandem parking, and Section 4.6.9 establishing design standards and regulations for valet and tandem parking arrangements, based upon the findings with LDR Section 2.4.5(M) and the policies of the Comprehensive Plan, setting a public hearing date of March 20, 2001. Attachment: Ordinance by Others City Commission Documentation Meeting of March 6, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 2 STAFF'S RECOMMENDATION Section 4.4. t3 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: (16) East of the Intracoastal Waterway, Restaurants, Cocktail Loun.qes, Hotels, and Residential Type Inns, may provide their required parkin.q as valet parkin.q, subiect to the provisions of 4.6.9(F)(3). (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: (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 Within Townhouse and Townhouse Type developments, parkin,q may be provided in front of gara,qe units provided that such parkin,q does not result in the space for one unit impedin,q access to a space of the other unit. Section 4.6.9 Parking Regulations: (C) Number of Parking Spaces Required: (2) Requirements for Residential Uses: (c) Multiple Family Structures: Efficiency dwelling unit One bedroom dwelling unit Two or more bedroom d.u. Guest parking shall be cumulatively as follows: for the first 20 units for units 21-50 - for units 51 and above provided 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit 0.5 spaces per unit 0.3 spaces per unit 0.2 spaces per unit City Commission Documentation Meeting of March 6, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 2 Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impedin.q access to a space of the other unit. (F) Special Provisions: (3) Valet Parking: A oarkin.q facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors including tandem parkin,q and parkin~ appliance system (mechanical lift) may be utilized in lieu of the requirements of this Section provided the following requirements are complied with: (a) Any required valet or tandem parkin.q utilized in lieu of the parkin.q requirements set forth in this section shall be .qoverned by an agreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assi.qns. The a.qreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parking arran.qement which satisfies the parking requirements for said use. (b) There is a parkin~ professional available for the vehicle retrieval during business hours. (c) The dimensions for valet and tandem parking spaces shall be a minimum of eight and one half feet (8'6") wide and sixteen feet (16') deep with a maximum stacking of two (2) vehicles alon.q with a drive aisle of twenty-four feet (24'); however, in the event a parking appliance system is utilized, the width may be reduced to no less than ei.qht feet three inches (8'3"). (d) Valet parking may be utilized to conform with the number of handicap accessible parkin.q spaces provided that: (i) At least two handicapped accessible spaces are provided adiacent to the vehicle queuing area for those vehicles which cannot be operated by the parkin,q professional; and, (ii) The disabled person's vehicle may be safely operated by aforementioned parking professional. (e) Valet drop-off/queuing area must be provided with a minimum length of 100'. Greater queuing area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The length of the queuing area may be reduced when supported by a traffic study. (f) When a parkine appliance system is utilized, a decorative wall must be provided and installed to a hei,qht that screens both the vehicles and mechanical equipment from adiacent properties or rights-of-way. The lift motor must be encased by a sound proofin~ svstem, which is lined with acoustical urethane foam panels, or similar sound proofing material, a minimum 4" thick. (h) Where a parking appliance system facility abuts a residential development or property zoned residential, a 10' landscape buffer shall be provided. City Commission Documentation Meeting of March 6, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 2 (i) (i) Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parking lot are evenly distributed along the perimeter of the parking area or facility and subject to the following requirements: (i) That a 10' perimeter landscape buffer consistin,q of a hed,qe and trees be provided; and, (ii) That a decorative wall be placed on the interior ed,qe of the landscape strip and installed such that the mechanical equipment and vehicles shall not be visible from adjacent properties or riRhts-of-way. Additional requirements may be imposed with the review of the conditional use request to ensure compatibility with adjacent properties. crrY OF DELl:lAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING PARKING REQUIREUENT$ IN THE CENTRAL BUSINESS DISTRICT (CBD) TO ACCOMMODATE REQUIRED PARKING UTIUZING VALET OR TANDEU PARKING, KD ESIABMSHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND T~I~IDEM PARKING ARR~GEMEhq3. AN ORDINANCE OF THE CITY (~MMISSION OF THE CFI'Y OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.413, "CENTRAL BUSINESS (CBD) DISTRICT', SUBSECTION 4.4.13(D), "COND~AL USES AND STRUC- TURES ALLOWED', TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDmONAL USE APPROVAL; _AMENDING SUBSEC- TION 4 4.13 (G), 'SUPPLEMENTAL DISTRICT REGULATIONS', AMENDING SECTION 4.6.9, 'OFF-STREET PARKING REGULATIONS', SUBSECTION 4.6.9(C)(2)(c), 'MULTIPLE FAMILY STRUCTURES', TO PROVIDE THAT PARK- ING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWN- HOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDI- TIONS; AMENDING SUBSECTION 4.6.9(F), '.'.'.'.'.'.'.'.'.'~OEClAL PROVISIONS', BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ES'FABUSH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.. The C~ Cormnission w~ conduct two (2) Pul~c Headngs for ~he purpose of Hearing was held on TUESDAY, MARCH S, ~001, AT 7.00 PM. at Pompey Recreation Center, 1101 Marlin I.ulher King, Jr. Drive (N.W. 2nd Sa'eet), Delray Beach, Florida end oonlinued un~l May 1, 2001 at 7:00 P.M. in Ihe City If me proposed ordinance is passed on F~st Reading, a ~ Public Hearing will be held on ~Y, MAY 15, ~l)01, AT ?.,00 P.M. (o~ at ~ny ~,-,Jation of Zoning Deparlmm~ City Hall, 100 N.W. lat Avenue, Delmy Beach, Florida 33~.~?. (Phone 561-243-7040), beemmn ~e hours of 8:00 a.m. and 5:00 p.m., Monday PLEASE BE ADVISED THAT IF A PERSON DECIDES TO ~ ANY DECl- SION MADE BY THE CITY COMMI,.~SK)N Wri'H RESPECT TO ANY MAi i *-R CONSIDERED AT THESE HEARINGS, SUCH PERSON-MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVI- DENCE UPON WHICH THE APPEAL IS TO BE BASED. THE crTY DOES NOT PROVIDE NOR PREPARE SUCH RECORD, PURSUANT TO RS. 286.0105. aka:~ mmeg~ r. rk~y ~t h~.- ! ~ ~RE CONTA~NEO IN CHA~TER ~ ~ ~X~) ~ ~v,g cay Ca,-k CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING PARKING REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT (CBD) TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND ESTABLISHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS. The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance. ORDIHAHCE HO. 17.01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.413, 'CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), 'CONDITIONAL USES AND STRUC- TURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSEC- TION 4.4.13 (G), 'SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARK- lNG MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWN- HOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDI- TIONS; AMENDING SUBSECTION 4 6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6 9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE The City Commassion will conduct two (2) Public Hearings for the purpose of accepting publ;c testimony regarding the proposed ord;nance. The f, rst Public Heanng was held on TUESDAY, MARCH 6, 2001, AT 7:00 P.M. at Pompey Park Recreation Center, 1101 Martin Luther K~ng, Jr. Dnve (N.W. 2nd Street), Delray Beach, Flonda and continued until May 1, 2001 at 7'00 P.M. ~n the C~ty Commission Chambers at City Hall, 100 N W. 1st Avenue, Delray Beach, Flonda If the proposed ordinance is passed on First Reading, a second Pubhc Hearing wtll be held on TUESDAY, MAY 15, 2001, AT 7:00 P.M. (or at any contmuataon of such meeting which ~s set by the Commission). All interested crbzens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments ~n writing on or before the date of these hearings to the Planning and Zomng Department. For further ~nformabon 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 am. and 5:00 p.m., Monday through Fr,day, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DE~IDES TO APPEAL ANY DECI- SION 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 EVI- DENCE 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 Barbara Garito Acting City Clerk PUBLISH. Boca Raton News/Delray Beach News April 23, 2001 May 9, 2001 AD#NS0480 i CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVI~LOPMENT REGULATIONS REGARDING PARKING REQUIREMENTS IN THE CENTRAL BUSINESS DIS19JCT (CBD) TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND ESTABUSHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance. ORDINANCE NO. 17-01 AN ORDINANCE OF TH.E CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, 'CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION 4.4.13(D), 'CONDITIONAL USES ~ND STRUCTURES ALLOWED', TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(Gl, 'SUPPLEMENTAL DISTRICT REGULATION_S", AMENDING SECTION 4.6.9, 'OFFSTREET PARKING REGULATIONS', SUBSECTION 4.6 9(C)(2)(c), 'MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), 'SPECIAL PROVISIONS', BY ENACTING A NEW SUBPARAGRAPH 4 6.9(FJ(3J TO ESTABUSH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; 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 ~AY~ MARCH &, 2OO1. AT 7.'00 P.M. at Pompey Park Recreation Center, 1101 N.W. 2nd Street, DeJray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. MARCH 20, 2001. AT 7.'~) P.M. for at any continuation of such meeting which is set by the Commission). A second Public Hearing will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. All interested citizens are ira/ired to attend the public hearings and commenl upon the proposed ordinance or submit their comments in writing on or bel~ore the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contacl the Planning and Zoning Deportment, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 IPhone 561/243-7040), between the hours of 8:00 am. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED'THAT IF A PERSON DECIDES TO AI~PEAL 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 BASEDTHE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Boca Raton,( Delray Beach News February 27,2001 March 14,2001 Ad # NS0269 CITY OF DELRAY BEACH Alison MacGregor Harly City Clerk