Ord 43-01ORDINANCE NO. 43-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SUBSECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUB-SUBSECTION
4.6.9(E)(3)(b), "LOCATION OF PARKING SPACES", TO
INCLUDE A MAP WHICH DELINEATES THE IN-LIEU
PARKING FEE AREAS AND CORRESPONDING FEE
AMOUNTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public heating held on July 16, 2001 and voted 7-0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent with
and furthers the goals, objectives and policies of the Comprehensive Plan.
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 4.6, "Supplemental
District Regulations", Subsection 4.6.9, "Off-Street Parking Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended to read as follows:
Section 4.6.9 Off-Street Parking Regulations
(E)
Location of Parking Spaces:
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the required
number of on-site or off-site parking spaces, the City Commission may approve the payment of a
fee in-lieu of providing such required parking, pursuant to the following provisions:
(b) Arrangements for payment shall be approved by the City Commission at
the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of
the property for which in-lieu fees are being sought. Area descriptions and corresponding fee
amounts are hereby established as follows: (See page 4646A for corresponding map)
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its
passage on second and final reading.
the
PASS~ AND_~DOPTED in regular session on second and final reading on this
dayof ~ ,2001.
MAYOR
City Clerk
Second Reading
2 ORD. NO. 43-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM/D.~ - REGULAR MEETING OF AUGUST 7, 2001
ORDINANCE NO. 43-01(MAP DELINEATING IN-LIEU OF PARKING
FEE AREAS & FEE AMOUNTS)
AUGUST 3, 2001
This is second reading and a pubhc hearing for Ordinance No. 43-01 amending the Land
Development Regulations Secuon 4.6.9(E)(3)(b) to include a map whtch delineates the in-heu of
parking fee areas and corresponding fee amounts.
Planning and Zoning Board held a public hearing on July 16, 2001, and in concurrence with the
Parking Management Board, unanimously recommended (7-0) to the City Commission approval of
the proposed LDR text amendment to Section 4.6.9(E)(3)(b) to include a map delineating the in-lieu
of parking fee areas and their respective cost per space, based upon positive findings with respect to
LDR Secuon 2.4.5(M))(5).
At the July 24, 2001 Regular City Commission meeting this ordinance was passed unanimously.
Recommend approval of Ordinance No. 43-01 on second and final reading.
ref agrnemo21 Ord 43-01 08 07 01
ORDINANCE NO. 43-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CItY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SUBSECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUB-SUBSECTION
4.6.9(E)(3)(b), "LOCATION OF PARKING SPACES", TO
INCLUDE A MAP WHICH DELINEATES THE IN-LIEU
PARKING FEE AREAS AND CORRESPONDING FEE
AMOUNTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 16, 2001 and voted 7-0 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the change is consistent with and furthers the
goals, objectives and policies of the Comprehensive Plan.
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 4.6, "Supplemental District
Regulations", Subsection 4.6.9, "Off-Street Parking Regulations", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 4.6.9 Off-Street Parking Regulations
(E)
Location of Parking Spaces:
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the required
number of on-site or off-site parking spaces, the City Commission may approve the payment of a
fee in-lieu of providing such required parking, pursuant to the following provisions:
(b) Arrangements for payment shall be approved by the City Commission at
the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of
the property for which in-lieu fees are being sought. Area descriptions and corresponding fee
amounts are hereby established as follows: (See page 4646A for corresponding map)
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. 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 ,200
ATTEST
MAYOR
Acting City Clerk
First Reading
Second Reading.
2 ORD. NO. 43-01
.^v,.
PA~.~_~LI~OR OF PLANNING & ZONIN~
sco,,
TO:
THRU:
FROM:
SUBJECT:
MEETING OF JULY 24, 2001
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.6.9(E)(3)(b) TO INCLUDE A MAP WHICH DELINEATES
THE IN-LIEU OF PARKING FEE AREAS AND CORRESPONDING
FEE AMOUNTS.
Land Development Regulations (LDR), Sections 4.6.9 (E)(3)(b)(1 through 4), explain
in great detail the areas where In-Lieu of Parking fees are permitted along with their
respective cost per space. There is currently no visual aid clarifying the areas
described. The addition of a map to the LDR would clarify this provision for
developers and applicants considering projects in the Delray Beach area.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals,
Objectives, and Policies of the Comprehensive Plan. As noted previously, this
amendment is being initiated more for "housekeeping" purposes than to fulfill any
specific Comp Plan policy. While the amendment does not specifically further the
Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with
them.
At their July 16th meeting the Planning & Zoning Board, in concurrence with the
Parking Management Advisory Board, unanimously recommended (7-0) to the City
Commission approval of the proposed LDR text amendment to Section 4.6.9(E)(3)(b)
to include the map delineating the in-lieu of parking fee areas and their respective
cost per space, based upon positive findings with respect to LDR Section 2.4.5(M)(5).
I '
By motion, approve on first reading the amendment to LDR Section 4.6.9(E)(3)(b)
based upon the findings and recommendations by the Planning & Zoning Board,
setting a public hearing date for August 6, 2001.
Attachments:
a In-Lieu Of Parking Fee Map
r~ Amended LDR Section 4.6.9 (E) (3) (b) (1 through 4)
SECTION 4.6.9 (E)(3)
(E) Location of Parkinci Spaces:
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site or off-site parking spaces, the City Commission may approve
the payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions: [Amd. Ord. 4-99 212199]; [Amd. Ord. 64-93 11123193]; [Amd. Ord. 14-
93 219193]
(a)
The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD, and
GC (West Atlantic Avenue Oveday District) Zoning Districts in
compliance with the Supplemental District Regulations provisions
therein. [Amd. Ord. 4-99 2~2~99]; [Amd. Ord. 74-95 1215195]; [Amd.
Ord. 64-93 11/23193]; Amd. Ord. 14-93 2~9~93]
(b)
Arrangements for payment shall be approved by the City Commission
at the time of the approval of the in-lieu fee. The fee amount shall be
based upon the location of the property for which in-lieu fees are being
sought. Area descriptions and corresponding fee amounts are hereby
established as follows: (See page 4646A for correspondin,q map)
[Amd. Ord. 4-99 2112199]; [Amd. Ord. 64-93 11/23/93]; [Amd. Ord.
14-93 219193]
(1) Area 1: Parcels located east of the Intracoastal Waterway which
are zoned CBD - $14,000 per space. [Amd. Ord. 4-99 2/2/99]
(2)
Area 2: Parcels located west of the Intracoastal Waterway which
are zoned CBD or CBD-RC and which are not included within the
Pineapple Grove Main Street area - $12,000 per space. [Amd.
Ord. 4-99 212199]
(3)
Area 3: Parcels located within the OSSHAD zoning district and
parcels located within the Pineapple Grove Main Street area which
are zoned CBD or CBD-RC - $6,000 per space. [Amd. Ord. 4-99
212/99]
(4)
Area 4: Parcels located within the West Atlantic Avenue Oveday
District which are zoned GC - $4,000 per space. [Amd. Ord. 4-99
2/2/99]
4646