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Ord 29-01ORDINANCE NO. 29-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH , ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN STANDARDS", BY AMENDING SUB-SUBSECTION 4.6.9(D)(8), "PARKING SURFACES AND DRAINAGE"; AMENDING CHAPTER 6, "INFRASTRUCTURE AND PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS", SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", BY AMENDING SUBSECTION 6.1.4(D), "CONSTRUCTION REQUIREMENTS", BY CLARIFYING REGULATIONS RELATING TO THE PAVING OF DRIVEWAYS AND PARKING AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there exists driveways and required off-street parking areas in the City that are not in compliance with current City ordinances regarding parking spaces and driveways; and, WHEREAS, the City Commission of the City of Delray Beach has determined it to be in the best interest of the public to require that all parking spaces and driveways be brought up to the City's current ordinances, within a reasonable period of time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards", of the Land Development Regulations of the Code of Ordinances is hereby amended by amending Sub-subsection 4.6.9(D)(8), "Parking Surfaces and Drainage", to read as follows: (8) Parking Surfaces and Drainage: (a) All parking lots and parking spaces, including car storage and display areas, shall be improved either with a paved surface meeting Engineering Department standards, or with a hard surface material (such as brick or turf block on a base course laid in accordance with approved manufacturer's recommendations), or with some other type of surface material acceptable to the City Engineer. Parking lots and parking spaces on historic sites or within historic districts may be improved with a surface material other than pavement, where there are 12 or less parking spaces, subject to approval by the Historic Preservation Board. (b) A surface of sod over stabilized base shall be acceptable for required guest parking in multiple-family projects, as well as for parking used on a once- a-week or occasional basis. Parking lots and spaces proposed to be constructed of stabilized sod may be allowed through the site plan approval process. (c) In paved parking lots, that portion of the parking space extending beyond the car stop may be sodded. When this option is selected, a continuous curb at least six inches in height may be substituted for the wheel stops. (d) Handicapped parking spaces shall be paved and properly marked. A paved route shall be provided between the handicapped parking space and the building entrance. Where an abrupt grade change occurs, as between the surface on the parking area and a curb cut, a ramp shall be provided for handicap access. The ramp or curb cut with ramp shall be designed in accordance with the Florida Acceptability Code for Building Construction. (e) The City Engineer shall approve the drainage and grading plans for parking spaces and parking lots. He shall also conduct inspections during and after construction of the parking area and its drainage system to ensure that it is constructed in accordance with the approved paving and drainage construction plans. (f) Parking lots, parking spaces and driveways that exist at the time of adoption of this ordinance that are not in compliance with Section 4.6.9(D)(8) shall be required to come into compliance with this ordinance within 3 years of the adoption of this ordinance. This includes, but is not limited to, all duplexes, multi-family, and commercial property, but excludes single family homes. Section2. That Chapter 6, "Infrastructure and Public Property", Article 6.1, "Design Standards and Requirements", Section 6.1.4, "Driveways and Points of Access", is hereby amended by amending Sub-subsection 6.1.4(D), "Construction Requirements", to read as follows: 2 ORD. NO. 29-01 (D) Construction Requirements: (1) Driveways may be constructed of concrete or asphalt. In addition, the City Engineer may approve an alternative surface type including, but not limited to, stamped concrete which creates a noticeable pattern in the finished product. When the alternative surface is loose rock (i.e. Chatahoochee) and there is a sidewalk in front of the property, the loose rock shall be limited to the private property side of the sidewalk (no loose stone in the right-of-way). If the City has to perform maintenance within the rights-of-way, any displaced stamped concrete will be replaced with a smooth, non-colored, non-stamped finish. At the discretion of the City Engineer, the stamped surface may be replaced with a similar stamped surface if the additional cost (over and above smooth, non-colored, non-stamped finish) is borne by the abutting property owner. Alternative surfaces other than stamped concrete will be replaced with material at the discretion of the City Engineer. (2) Driveways shall include that portion of the street located between the travelway (traffic lanes) and private property and said area shall be paved or improved with an alternative surface as approved by the City Engineer. (3) If an alternative driveway surface other than concrete is selected, the subbase is to comply with standards outlined in LDR Section 6.1.2 (C) o (4) Maintenance of concrete, asphalt or alternative surface driveways constructed within the right-of-way is the responsibility of the abutting property owner. (5) All property owners, including but not limited to, duplexes, multi-family and commercial, but, excluding single family homes, that are not in compliance with Section 6.1.4, prior to the adoption of this ordinance, shall be required to come into compliance with Section 6.1.4 within 3 years of the adoption of this Ordinance. Persons that received a variance exempting the property from this requirement or approval from the City Engineer allowing another type of surface prior to the effective date of this ordinance are not required to comply with the provisions of this ordinance. 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. 3 ORD. NO. 29-01 Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the /5~day of ~.~ , 2001. MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 29-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # /0 ~ - REGULAR MEETING OF MAY 15~ 2001 ORDINANCE NO. 29-01 (REGARDING THE PAVING OF DRIVEWAYS AND PARKING AREAS) DATE: MAY 11, 2001 This is second reading and public hearing for Ordinance No. 29-01 which amends LDR Sections 4.6.9(D) and 6.1.4(12)) regarding the paving of driveways and parking areas. This ordinance would re-emphasize the requirement that all developed property within the City must have paved off-street parking and driveways. The changes require existing developed property, excluding single family homes, that currently are not in compliance with the City's Land Development Regulations to come into compliance within a 3 year period. This ordinance will not affect properties, which have either received a variance from the off-street parking and/or driveway paving requirements, or approval from the City Engineer to use another type of material besides asphalt or concrete. At the first reading on May 1s~, Commission voted 4-1 (Commissioner McCarthy dissenting) to approve Ordinance No. 29-01. Recommend approval of Ordinance No. 29-01 on second and final reading. Ref'~gmemo21.Ord.29-01.PavmgDnveways/ParkmgAreas. Fmal.05.15.01 CI~ COMMi'SSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID ,'F./I'JlARDEN~CIT~r .MANAGER PAUL I~O LI~NG, DIRECT~ OF PLANNING AND Z~ JEFFREY A. COSTELLO, PRINCIPAL PLANNER~~~~ MEETING OF MAY 1, 2001 AMENDMENT TO LDR SECTIONS 4.6.9(D) AND 6.1.4(D), REGARDING THE PAVING OF DRIVEWAYS AND PARKING AREAS. This amendment is being processed to re-emphasize the requirement that all developed property within the City of Delray Beach must have paved off-street parking and driveways. The proposed changes require existing developed property, excluding single family homes, that currently is not in compliance with the City's Land Development Regulations to come into compliance within a 3 year period. The proposed ordinance will not affect properties, which have either received a variance from the off-street parking and/or driveway paving requirements, or approval from the City Engineer to use another type of material besides asphalt or concrete. The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 16, 2001. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). In addition to the proposed ordinance, an alternative ordinance was considered by the Planning and Zoning Board. The ordinance would have allowed the property owners to request the City install the parking and/or driveways, and the property owner would repay the City within a 3 year period at an interest rate of 8%. The Board had concerns with the City installing private parking areas and driveways in terms of liability and administration of the repayment process. The Board recommended denial of that ordinance and the City staff has subsequently withdrawn that request. By motion, approve the amendment to LDR Sections 4.6.9(D) and 6.1.4(D), regarding the paving of driveways and parking areas, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of May 15, 2001. Attachments: Ordinance by Others ORDINANCE NO. 29-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH , ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN STANDARDS", BY AMENDING SUB-SUBSECTION 4.6.9(D)(8), "PARKING SURFACES AND DRAINAGE"; AMENDING CHAPTER 6, "INFRASTRUCTURE AND PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS", SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", BY AMENDING SUBSECTION 6.1.4(D), "CONSTRUCTION REQUIREMENTS", BY CLARIFYING REGULATIONS RELATING TO THE PAVING OF DRIVEWAYS AND PARKING AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there exists driveways and required off-street parking areas in the City that are not in compliance with current City ordinances regarding parking spaces and driveways; and, WHEREAS, the City Commission of the City of Delray Beach has determined it to be in the best interest of the public to require that all parking spaces and driveways be brought up to the City's current ordinances, within a reasonable period of time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards", of the Land Development Regulations of the Code of Ordinances is hereby amended by amending Sub-subsection 4.6.9(D)(8), "Parking Surfaces and Drainage", to read as follows: (8) Parking Surfaces and Drainage: (a) All parking lots and parking spaces, including car storage and display areas, shall be improved either with a paved surface meeting Engineering Department standards, or with a hard surface material (such as brick or turf block on a base course laid in accordance with approved manufacturer's recommendations), or with some other type of surface material acceptable to the City Engineer. Parking lots and parking spaces on historic sites or within historic districts may be improved with a surface material other than pavement, where there are 12 or less parking spaces, subject to approval by the Historic Preservation Board. A surface of sod over stabilized base shall be acceptable for required guest parking in multiple-family projects, as well as for parking used on a once- a-week or occasional basis. Parking lots and spaces proposed to be constructed of stabilized sod may be allowed through the site plan approval process. (c) In paved parking lots, that portion of the parking space extending beyond the car stop may be sodded. When this option is selected, a continuous curb at least six inches in height may be substituted for the wheel stops. (d) Handicapped parking spaces shall be paved and properly marked. A paved route shall be provided between the handicapped parking space and the building entrance. Where an abrupt grade change occurs, as between the surface on the parking area and a curb cut, a ramp shall be provided for handicap access. The ramp or curb cut with ramp shall be designed in accordance with the Florida Accessibility Code for Building Construction. (e) The City Engineer shall approve the drainage and grading plans for parking spaces and parking lots. He shall also conduct inspections during and after construction of the parking area and its drainage system to ensure that it is constructed in accordance with the approved paving and drainage construction plans. (f) Parking lots, parking spaces and driveways that exist at the time of adoption of this ordinance that are not in compliance with Section 4.6.9(D)(8) shall be required to come into compliance with this section within 3 years of the adoption of this ordinance. This includes, but is not limited to, all duplexes, multi-family, and commercial property, but excludes single family homes. Section 2. That Chapter 6, "Infrastructure and Public Property", Article 6.1, "Design Standards and Requirements", Section 6.1.4, "Driveways and Points of Access", is hereby amended by amending Sub-subsection 6.1.4(D), "Construction Requirements", to read as follows: (D) Construction Requirements: (1) Driveways may be constructed of concrete or asphalt. In addition, the City Engineer may approve an alternative surface type including, but not limited to, stamped concrete which creates a noticeable pattern in the finished product. When the alternative surface is loose rock (i.e. Chatahoochee) and there is a sidewalk in front of the property, the loose rock shall be limited to the private property side of the sidewalk (no loose stone in the right-of-way). If the City has to perform maintenance within the rights-of-way, any displaced stamped concrete will be replaced with a smooth, non-colored, non-stamped finish. At the discretion of the City Engineer, the stamped surface may be replaced with a similar stamped surface if the additional cost (over and above smooth, non-colored, non-stamped finish) is 2 ORD. NO. 29-01 borne by the abutting property owner. Alternative surfaces other than stamped concrete will be replaced with material at the discretion of the City Engineer. (2) Driveways shall include that portion of the street located between the travelway (traffic lanes) and private property and said area shall be paved or improved with an alternative surface as approved by the City Engineer. (3) If an alternative driveway surface other than concrete is selected, the subbase is to comply with standards outlined in LDR Section 6.1.2 (C). (4) Maintenance of concrete, asphalt or alternative surface driveways constructed within the right-of-way is the responsibility of the abutting property owner. (5) All property owners~ including but not limited to, duplexes~ multi-family and commercial, but, excluding single family homes, that are not in compliance with Section 6.1.4, prior to the adoption of this ordinance, shall be required to come into compliance with Section 6.1.4 within 3 years of the adoption of this Ordinance. Persons that received a variance exempting the property from this requirement or approval from the City Engineer allowing another type of surface prior to the effective date of this ordinance are not required to comply with the provisions of this ordinance. 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. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2001. MAYOR ATTEST: City Clerk First Reading Second Reading. 3 ORD. NO. 29-01