Ord 12-13ORDINANCE NO. 12 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.6.9 "OFF- STREET
PARKING REGULATION ", SUBSECTION (D), "DESIGN
STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE
STREET SYSTEM" TO REDUCE THE STACKING DISTANCE
FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
'HEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
text amendment at a public hearing held on June 17, 2013, and voted 3 to 1 to recommend that
;es be approved; and
'HEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
cal Planning Agency, has determined that the change is consistent with and furthers the goals,
oojecuves and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9 "Off- Street Parking Regulation", Subsection (D) "Design
Standards ", Subsection (3) "Point of Access to the Street System' of the Land Development Regulations
of the Code of Ordinances of the City of Defray Beach, Florida, be and the same is hereby amended to
read as follows:
(3) Point of Access to the Street System:
(a) Maximum Width: The point of access to a street or alley shall be a maximum
of twenty -four feet (24') unless a greater width is specifically approved as a
part of site and development plan approval. However, in no event shall such
point of access be greater than thirty -six feet (36').
(b) Minimum Width: The point of access to a street or alley shall not be less
than:
24' for a normal two -way private street or parking lot driveway aisle.
* 20' for a private driveway which has less than 200 ADT.
* 12' for a one -way driveway or parking lot aisle.
(c) Stacking Distance: Provisions must be made for stacking and transition of
incoming traffic from a public street, such that traffic may not backup into the
public street system.
(1) The minimum distance between a right- of-way and the first parking space
or aisleway in a parking lot shall be as outlined in the following table:
NUMBER ACCESS- STREET MINIMUM
OF SPACES CLASSIFICATION STACKING DISTANCE
20 or fewer Local 5 feet
21 -50 Local 20 feet
50 or fewer Non -Local 20 feet
51 or more All Streets 50 feet*
For parking lots designed and operated with two (2) or more access
points, this standard pLay be reduced to a minimum stacking distance
of twenty (20) feet, subject to a staff performance analysis.
(2) Provisions must be made to provide for 100' of clear stacking from the
first point of transaction for each lane of a drive -thru facility and in advance of
all guardhouses or security gates.
(3) Greater stacking distance may be required as a condition of site plan
approval. The length of the stacking area may be reduced when supported by
a traffic study.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
2 ORD. NO. 12 -13
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and in ea ding on this the d'��� day
of kcot' df 52013.
W ST MAYOR
lerk
rsReading 1 ,� 5 - 1 J
Second Reading $ b t
3 ORD. NO. 12 -13
ORDINANCE NO. 12 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.6.9 "OFF- STREET
PARKING REGULATION ", SUBSECTION (D), "DESIGN
STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE
STREET SYSTEM" TO REDUCE THE STACKING DISTANCE
FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS;
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 June 17, 2013, and voted 3 to 1 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; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D) "Design
Standards ", Subsection (3) "Point of Access to the Street System" 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:
(3) Point of Access to the Street System:
(a) Maximum Width: The point of access to a street or alley shall be a maximum
of twenty -four feet (24') unless a greater width is specifically approved as a
part of site and development plan approval. However, in no event shall such
point of access be greater than thirty -six feet (36').
(b) Minimum Width: The point of access to a street or alley shall not be less
than:
* 24' for a normal two -way private street or parking lot driveway aisle.
* 20' for a private driveway which has less than 200 ADT.
* 12' for a one -way driveway or parking lot aisle.
(c) Stacking Distance: Provisions must be made for stacking and transition of
incoming traffic from a public street, such that traffic may not backup into the
public street system.
(1) The minimum distance between a right -of -way and the first parking space
or aisleway in a parking lot shall be as outlined in the following table:
NUMBER ACCESS STREET MINIMUM
OF SPACES I CLASSIFICATION STACKING DISTANCE
20 or fewer Local 5 feet
21-50 Local 20 feet
50 or fewer Non -Local 20 feet
51 or more All Streets 50 feet*
* For parking lots designed and operated with two (2) or more access
points, this standard may be reduced to a minimum stacking distance
of twenty (20) feet, subject to a staff performance analysis.
(2) Provisions must be made to provide for 100' of clear stacking from the
first point of transaction for each lane of a drive -thru facility and in advance of
all guardhouses or security gates.
(3) Greater stacking distance may be required as a condition of site plan
approval. The length of the stacking area may be reduced when supported by
a traffic study.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
2 ORD. NO. 12 -13
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day
of 2013.
ATTEST
City Clerk
First Readi
Second Reading
MAYOR
3 ORD. NO. 12 -13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND
ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER
DATE: July 16, 2013
SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF JULY 25, 2013
ORDINANCE NO. 12 -13
Page 1 of 1
ITEM BEFORE COMMISSION
Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will reduce
the required stacking distance for parking lots with more than fifty (50) spaces when there are two (2) or
more access points.
BACKGROUND
When parking lots are designed with two (2) or more access driveways, the need for fifty (50) feet of
stacking is unnecessary, and waivers have typically been requested, recommended for approval, and
ultimately granted by the City Commission. When requested waivers are consistently granted under the
same circumstance, it is customary to evaluate the ongoing need for such relief. As such, this
amendment responds to this approach consistently taken by the City, and reflects a streamlining of the
development review process.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their June 17, 2013 meeting and voted 3 to 1
(Shutt dissenting) to recommend approval.
RECOMMENDATION
By motion, approve Ordinance No. 12 -13 on first reading for a city- initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6957 &MeetingID =484 8/14/2013
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: JUNE 17, 2013
AGENDA NO: VI. D.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.6.9
"OFF- STREET PARKING REGULATION ", SUBSECTION (D), "DESIGN
STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE STREET
SYSTEM" TO REDUCE THE STACKING DISTANCE FOR PARKING
LOTS WITH TWO OR MORE ACCESS POINTS.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a City -
initiated amendment to the Land Development Regulations (LDRs) that reduces the required
stacking distance for parking lots with more than fifty (50) spaces when there are two (2) or more
access points.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ ANALYSIS
Current regulations require parking lots to be designed with a stacking distance of 50 feet when
accessed from all types of city streets for those lots that have more than fifty (50) spaces. All other
situations require a minimum stacking distance of twenty (20) feet, and when lots with twenty (20)
or fewer spaces are located along local roads, the standard is reduced to 5 feet.
When parking lots are designed with two (2) or more access driveways, the need for fifty (50) feet
of stacking is unnecessary, and waivers have typically been requested, recommended for
approval, and ultimately granted by the City Commission.
When requested waivers are consistently granted under the same circumstance, it is customary to
evaluate the ongoing need for such relief and the added time needed to process development
approvals. Further, if relief is granted on a consistent basis, modification of the requirement should
be considered. As such, this amendment responds to this approach consistently taken by the City,
and reflects a streamlining of the development review process.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. The following goal, objective and policy apply:
Planning and Zoning Board Meeting, June 17, 2013
LDR Amendment - Stacking Distance
Transportation Element Objective A -6 states that [t]he City's Land Development
Regulations shall continue to provide standards which insure that new development
and redevelopment mitigate adverse situations and /or provide for functionally safe
traffic movements.
Transportation Element Policy A -6.1 states that the Land Development Regulations
shall maintain consistent standards for, but not limited to, the following:
❑ Location and design of driveway access and on -site circulation;
❑ Width and location of curb cuts;
❑ Width and location of median openings;
❑ Radii of curves and criteria for locations where driveways or private streets may
intersect on curves;
Width and conditions of shoulders;
Street lighting standards,
Traffic impact analysis;
Cross - access standards
particularly at intersections;
The amendment will continue to ensure that access and circulation are designed and
function in a safe manner. With multiple access points, stacking and congestion for larger
parking lots will be minimized by dispersing the traffic entering and exit such facilities. The
amendment is consistent with this objective and policy.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Delray Citizen's Coalition
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The amendment provides for continued safe and convenient access to and from parking facilities
At the same time, the need to request and receive waivers will be eliminated thereby removing an
unnecessary hurdle in the development review process.. The amendment is consistent with the
goals, objectives and policies of the Comprehensive Plan, and reflects a streamlining of the City's
regulations.
2
Planning and Zoning Board Meeting, June 17, 2013
LDR Amendment - Stacking Distance
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D),
"Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce
The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting
the findings of fact and law contained in the staff report, and finding that the text amendment
and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D),
"Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce
The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting
the findings of fact and law contained in the staff report, and finding that the text amendment
and approval thereof is inconsistent with the Comprehensive Plan and does not meet the
criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 4.6.9 "Off -
Street Parking Regulation ", Subsection (D), "Design Standards ", Subsection (3), "Point Of
Access To The Street System" To Reduce The Stacking Distance For Parking Lots With Two
Or More Access Points, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereof is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
■ Proposed Ordinance
3
FRIDAY, AUGUST 9, 2013 1 (561) 820 -4343
CITY OF DELRAY REACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinances
at 7:00 p.m. on TUESDAY, AUGUST
20, 2013 (or at any continuation of
such meeting which is set, by the -
Commission), in the Commission
Chambers, 100 N.W. 1st Avenue,
Delray Beach, Florida at which time
the City Commission will consider
their 'adoption. The proposed
ordinances may be inspected at the
Office of the.City Clerk at City Hall,
100 N.W, 14t Avenue; Delray Reach,
Florida, between 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. Interested parties are invited
to attend and be heard with respectto
the proposed ordinances.
ORDINANCE NO 12 -13
AN - ORDINANCE F THE CITY
CGMM15510N OF THE ITY OF DELRAY
BEACH, FLORIDA, A ENDING THE
LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9 "OFF -
STREET PARKING REGULATION ",
SUBSECTION (D), "DESIGN
STANDARDS ",. SUBSECTION (3),
"POINT OF ACCESS TO THE STREET
SYSTEM" TO REDUCE THE STACKING
DISTANCE FOR PARKING LOTS WITH
TWO OR MORE ACCESS POINTS;
PROVIDING A SAVING CLAUSE, A.
GENERALR):PEALER CLAU5E,:AND AN
EFFECTIVE DATE.
ORDINANCE NO. 13 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT; REGULATIONS
OF THE CODE OF :ORDINANCES,
BY AMENDING SECTION 2.4.3
"SUBMISSION REQUIREMENTS ",
SUBSECTION (D) -PRELIMINARY
ENGINEERING PLANS AND
SUBSECTION (F) -FINAL ENGINEERING
PLANS" 'TO PROVIDE FOR BUS
SHELTERS; ENACTING ANEW SECTION
6.1.14 "TRANSIT" TO. PROVIDE
CRITERIA ASSOCIATED WITH TRANSIT
STOPS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE. .
ORDINANCE NO'. 14 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 99 "NOISE CONTROL"
OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH,
4Y AMENDING SECTION 99.02,
"'DEFINITIONS" TO ADD' ,THE
DEFINITION "AIRCRAFT" AND
REMOVE DEFINITIONS "COMMERCIAL
AREA ", "INDUSTRIAL AREA" AND
"OFFENSE "; AMENDING SECTION
99.03, "LOUD AND UNNECESSARY
NOISES PROHIBITED" TO CLARIFY
SAME, TO AMEND DISTANCE
AND TIME REQUiREME`NTS,
AND TO ADD PROVISION FOR
AIRCRAFT, AMENDING SECTION
99.04 "EXEMPTIONS" TO CLARIFY
SAME; AMENDING SECTION 99.05
"TEMPORARY PERMITS" TO CLARIFY -
SAME; REPEALING SECTION 99.0'6
"NOTICE OF VIOLATION"; REPEALING .
SECTION 99.07 "ABATEMENT
ORDERS "; AND AMENDING SECTION
99.08 "PENALTY" TO CLARIFY SAME
AND TO ADD PENALTIES; AND
PROVIDING A'SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 15 -73
AN ORDINANCE OF THE CITY
COMMISSION OF THE- CITYOF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 101, ,MUNICIPAL PARKS,
BEACHES AND OTHER RECREATIONAL
SITES ", SECTION 101.24, "TRAFFIC
REGULATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, TO INCREASE
THE ALTITUDE RESTRICTIONS FOR
CERTAIN AIRCRAFT FLYING OVER THE
CITY- PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 16 -13
AN - ORDINANCE OF THE CITY
COMMf5SJON OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 116, .-LOCAL BUSINESS
TAXES. GENERALLY" OF THE CODE OF
ORDINANCES OFTHE CITYOF DELRAY
BEACH, FLORIDA, BY ENACTING
SECTION 110.17 "CONDITIONS;
NOTIFICATION; HEARING" TO ALLOW
THE' CITY TO IMPOSE CONDITIONS
ON A BUSINESS TAX - RECEIPT FOR
REPEATED NOISE VIOLATIONS;
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE,
Please. be advised that if a person
decides to appeal any decision made
by the City Commission with respect to
any matter considered at this hearing,
such person may need to ensure
that a.- verbatim record includes the
testimony and, evldence upon which
the appeal is to'be based. The City
does -not provide nor prepare such
record pursuant to F,5. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk
PUR: The Palm Beach Post
6- 912013 4109283