Ord 19-14 ORDINANCE NO. 19-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING ARTICLE 4.6,"SUPPLEMENTAL DISTRICT REGULATIONS",
SECTION 4.6.9, "OFF-STREET PARING REGULATIONS", SUBSECTION
(E), `LOCATIONS.OF PARKING SPACES", SUB-SUBSECTIONS (3), "IN-
LIEU FEE", AND (4), "PUBLIC PARKING FEE", TO REFLECT FEE
CHANGES FOR SAME; 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 May 19, 2014 and voted 4 to 3 to approve the
amendments; 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 Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off Street Parking
Regulations, "Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee", and (4),
"Public Parking Fee", of the Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public tight-of way, or parking located in public
parking facilities shall not be used to satisfy on-site parking requirements, except as provided for
herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to
the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional on-
street public parking may reduce the number of in-lieu and public parking fee spaces required.
(2) Required off-street parking shall be provided on the same lot, or parcel, as the building
and uses for which it is requited, except as provided for within this Subsection (E). When the
provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate tight-of-way
exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel,
may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve,
provided that
(a) The adjacent right of-way has not been previously utilized for parking or, in
cases where the adjacent night-of-way has been used for parking only those
spaces in addition to the number of existing spaces shall be counted;
(b) Such parking spaces are clearly marked on the site plan and designed in
accordance with appropriate City, County or State standards,as applicable; and,
(c) Such parking spaces shall be publicly accessible and cannot be reserved or
restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by
the City Commission for special events or valet parking.
One parking space credit shall be given for each additional full space
constructed abutting a lot or parcel. No part of an on-street parking space shall
extend past a side property line of the lot it serves. On-street parking located on
the opposite side of the right-of--way, and-within the property lines, as extended
to the opposite side of the right-of-way, may be counted toward fulfilling the
off-street parking requitement when the adjacent lot is a railroad or waterway,
and it does not warrant parking. In the event the City, County or State removes
the parking spaces at any time for a public purpose, the property shall be
considered lawfully nonconforming with respect to parking.
(3) In-Lieu Fee: Subject to the limitations of this Section, new development, use
conversion to existing buildings, building additions and/or renovations, that result in the requirement
to provide new parking or additional pairing, have the option of requesting some of the parking
spaces to be approved by the City Commission through the payment in-lieu of parking program.
Required parking for exclusively residential development or residential components of mixed use
developments are not eligible for this in--lieu option. A maximum limit of 30%o of eligible requited
parking can be provided under this option, except for use conversions for which there is no maximum.
Before granting such approvals, the City Commission trust find that adequate public parking options
are available and that the request is consistent with the Land Development Regulations, City
Comprehensive Plan, and all currently adopted City policies and/or studies.
Payment of a fee in-lieu ofrequired parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(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 corresponding map).
2
ORD.NO. ].9-]4
(1) Atea. 1: Parcels located east of the Intracoastal Waterway which are
zoned CBD and Parcels located west of the Intracoastal Watet-way
which are zoned CBD or CBD-RC and which are not included within
the Pineapple Grove Main Street area, West Atlantic Neighborhood,
Block 69 or located in the Old School Square Historic Arts District
OSSHAD -$19,200 $23,660 per space.
space.Pineappbe Gi7ove Mo--in Street area, West Adande Neighborhood a
{ } Area 3 2: Parcels located within the OSSHAD zoning district, eft.
€et Block 69 , and parcels located within the Pineapple
Grove Main Street area which are zoned CBD or CBD-RC - 899
10 1q[)per space.
f4}43) Area 4 3: Parcels located within the West Atlantic Neighborhood
which are zoned CBD -$4,-040$4,600 per space.
3
ORD.NO. 19-14
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ORD.NO. 19-14
(c) All proceeds from such a fee shall be used for parking purposes-
(d) For property owners opting to pay in full, or lessees of properties, payment of
the an-Tien fee is due upon issuance of a building permit-
The in.-lieu fee map be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full at time of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City prior
to or upon issuance of a building permit. Such agreement shall be recorded with
the Public Records Office of Palm Beach County, Florida. The obligations
imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive
covenant upon a property, and shall bind successors, heirs and assigns. The
restrictive covenant shall be released upon full payment of the in-lieu parking
fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements
shall only be made between the City and the Owner(s) of the subject property.
If an In Lieu of Parking Fee Agreement is entered into, installment payments
shall be made over a three year time period in three installments. The first
installment shall be 50% of the total fee and is to be paid upon signing the
agreement. The second installment shall be 25% of the total fee and is due on
the second anniversary date of the signing of the agreement. The third and final
payment of 25% of the total fee is due on the third anniversary date of the
signing of the agreement. There shall be no interest due under this payment
schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorized by the City
Commission. The applicant will be credited up to one-half of a parking space
for each full parking space constructed within public light-of-way. (For
example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant
constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu
fee for 2 spaces). Crediting of spaces constructed in the .tight-o£way resulting
in a fraction shall be rounded down. Credit may not be taken for those parking
spaces constructed in the public right-of-way -which are required to meet the
performance standards for new developments.
(r� Requests to allow in-lieu fee payments that are not associated with a site plan or
a site plan modification shall expire two years after such request is approved.
The fee charged shall be the fee that is set forth in the Land Development
Regulations at the time payment is made for spaces required to accommodate
the associated site plan or site plan modification.
5
ORD,NO. 19-14
(4) Public Parking Fee: When parking requirements are applied to new development, in-
fill development, which has been vacant for five (5) years or longer, from a change of use, or adding
floor space to an existing building; the City Commission may approve the payment of a fee towards the
construction of a public parking structure in lieu of providing such required parking on-site. This
option cannot be utilized in conjunction with the In-Lieu Fee provisions of subsection 4.6.9(E)(3) or
Section 4.6.9(B)(4), where private land is acquired by a governmental entity for parking or park
purposes.
(a) For properties located within 600' of a programmed public parking facility,
excluding property zoned CBD and/or CBD-RC, an alternative to providing all
the requited parking on-site is to contribute towards the construction of the
parking facility. The cost per space shall be based upon the location of the
property for which the public parking fee is being sought. Area descriptions
and corresponding fee amounts are hereby established as follows: If for
whatever reason the public parking does not get built the City shall retain the fee
to provide parking or parking maintenance in the quadrant of the City where the
development is located.
(1) Area 1: Parcels located east of Swinton Avenue and South Dixie
Highway-X009 $23,400 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dunne
Highway-X000$18,400 per space.
(b) The Public Parking Fee is limited to no more than 25% of the total required
parking of a development not to exceed 10% of the total number of parking
spaces associated with the Programmed Public Parking Facility. Within a
Programmed Public Parking Facility, a maximum of 25% of the total nutnbet of
parking spaces provided within the Facility are available to the Public Parking
Fee Program.
(c) When a programmed public parking facility is not anticipated to be constructed
within three (3) years of site plan approval of the proposed development, a.
building permit will not be issued unless the proposed development constructs
additional on-street parking within the right-of-way adjacent to the development
equating to 75% of the total number of spaces subject to the Public Parking
Fee.
(d) Where adequate right-of-way exists adjacent to the proposed project for which
the fee has been approved, the applicant must construct additional on-street
parking, not to exceed the total amount of spaces subject to the fee unless
authorized by the City Commission. The applicant will be credited up to one-
half of a parking space for each full parking space consta.-ucted within public
6
ORD.NO. 19-14
right-of-way. (For example, the applicant requests to pay the public parking fee
on 4 spaces; the applicant constructs 4 spaces in the tight-of-way; the applicant
must only pay the public parking fee for 2 spaces). Crediting of spaces
constructed in the right-of-way resulting in a fraction shall be rounded down.
(e) All required residential and guest parking spaces associated with a development
and required guest room parking for hotels, motels, residential-type inns, bed
and breakfasts,and similar uses must be provided on-site.
(f) The public parking fee must be paid in full upon issuance of a building permit.
(g) The Director of Planning and Zoning or designee shall.maintain a record of the
developments that utilize the Public Parking Fee Program and the number of
spaces allocated to the program for each Programmed Public Parking Facility.
(h) The operating hours of the Programmed Public Parking Facility ate at die sole
discretion of the governmental entity that owns the facility, and shall not be
affected by parking spaces intended for commercial tenants of the development.
(i) The Public Parking Fee amount shall be reviewed at a minimum every two (2)
years and the fee adjusted as warranted.
Requests to allow public parking fee payments that are not associated with a site
plan or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set fotth in the Land
Development Regulations at the time payment is made for spaces required to
accommodate the associated site plan or site plan modification.
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 ternainder 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 upon its adoption on second and final
reading.
7
ORD.NO. 19-14
PASSED AND ADOPTED in regular session on second and final-tea th s the_51h^ day of
Aup_List, 2014.
AYOR
ATTEST:
City Clerk
First Reading 1 6 ILA
Second Reading �l(;
S
ORD.NO. 19-14
Coversheet Page 1 of 1
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terry Stewart, Interim City Manager
DATE: July 21, 2014
SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF AUGUST 5,2014
ORDINANCE NO. 19-14(SECOND READING)
BACKGROUND
On July 15, 2014, the City Commission approved Ordinance No. 19-14 on first reading.
LEGAL DEPARTMENT REVIEW
Ordinance No. 19-14 was published in the Palm Beach Post on Friday, July 25, 2014 in compliance
with advertising requirements.
DISCUSSION
This ordinance is before Commission for second reading to consider an amendment to the Land
Development Regulations (LDR), by amending Article 4.6, "Supplemental District Regulations",
Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Locations of Parking Spaces", Sub-
Subsections (3), "In-Lieu Fee" and (4), "Public Parking Fee", to reflect fee changes for same.
RECOMMENDATION
Staff recommends approval of Ordinance No. 19-14 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8214&MeetingID=520 8/11/2014
ORDINANCE NO. 19-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING ARTICLE 4.6,"SUPPLEMENTAL DISTRICT REGULATIONS",
SECTION 4.6.9, "OFF-STREET PARING REGULATIONS", SUBSECTION
(E), "LOCATIONS OF PARING SPACES", SUB-SUBSECTIONS (3), "IN-
LIEU FEE", AND (4), "PUBLIC PARING FEE", TO REFLECT FEE
CHANGES FOR SAME; 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 May 19, 2014 and voted 4 to 3 to approve the
amendments; 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 Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off Street Parking
Regulations, "Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee", and (4),
"Public Parking Fee", of the Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public right-of-way, or parking located in public
parking facilities shall not be used to satisfy on-site parking requirements, except as provided for
herein. The terms "on-site parking" and "off-street parking' are synonymous. However, pursuant to
the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional on-
street public parking may reduce the number of in-lieu and public parking fee spaces required.
(2) Required off-street parking shall be provided on the same lot, or parcel, as the building
and uses for which it is required, except as provided for within this Subsection (E). When the
provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of-way
exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel,
may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve,
provided that:
(a) The adjacent right-of-way has not been previously utilized for parking or, in
cases where the adjacent right-of-way has been used for parking only those
spaces in addition to the number of existing spaces shall be counted;
(b) Such parking spaces are clearly marked on the site plan and designed in
accordance with appropriate City, County or State standards, as applicable; and,
(c) Such parking spaces shall be publicly accessible and cannot be reserved or
restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by
the City Commission for special events or valet parking.
One parking space credit shall be given for each additional full space
constructed abutting a lot or parcel. No part of an on-street parking space shall
extend past a side property line of the lot it serves. On-street parking located on
the opposite side of the right-of-way, and within the property lines, as extended
to the opposite side of the right-of-way, may be counted toward fulfilling the
off-street parking requirement when the adjacent lot is a railroad or waterway,
and it does not warrant parking. In the event the City, County or State removes
the parking spaces at any time for a public purpose, the property shall be
considered lawfully nonconforming with respect to parking.
(3) In-Lieu Fee: Subject to the limitations of this Section, new development, use
conversion to existing buildings, building additions and/or renovations, that result in the requirement
to provide new parking or additional parking, have the option of requesting some of the parking
spaces to be approved by the City Commission through the payment in-lieu of parking program.
Required parking for exclusively residential development or residential components of mixed use
developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible required
parking can be provided under this option, except for use conversions for which there is no maximum.
Before granting such approvals, the City Commission must find that adequate public parking options
are available and that the request is consistent with the Land Development Regulations, City
Comprehensive Plan, and all currently adopted City policies and/or studies.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(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 corresponding map).
2
ORD.NO. 19-14
(1) Area 1: Parcels located east of the Intracoastal Waterway which are
zoned CBD and Parcels located west of the Intracoastal Waterwav
which are zoned CBD or CBD-RC and which are not included within
the Pineapple Grove Main Street area, West Atlantic Neighborhood,
Block 69 or located in the Old School Sduare Historic Arts District
OSSHAD - $18,200 $23,660 per space.
,1 GBD GBD R n _hie t 1..,1,.,1 within the fffe z��n ..
.
{ } Area 3 2: Parcels located within the OSSHAD zoning district, e-,�eep
€ef Block 69 fts ftefed ift "re 2; and parcels located within the Pineapple
Grove Main Street area which are zoned CBD or CBD-RC - 0
$10,140 per space.
{4}43� Area 4 3: Parcels located within the West Atlantic Neighborhood
which are zoned CBD - $4,000 $4,600 per space.
3
ORD.NO. 19-14
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ORD.NO. 19-14
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties, payment of
the in-lieu fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full at time of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City prior
to or upon issuance of a building permit. Such agreement shall be recorded with
the Public Records Office of Palm Beach County, Florida. The obligations
imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive
covenant upon a property, and shall bind successors, heirs and assigns. The
restrictive covenant shall be released upon full payment of the in-lieu parking
fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements
shall only be made between the City and the Owner(s) of the subject property.
If an In-Lieu of Parking Fee Agreement is entered into, installment payments
shall be made over a three-year time period in three installments. The first
installment shall be 50% of the total fee and is to be paid upon signing the
agreement. The second installment shall be 25% of the total fee and is due on
the second anniversary date of the signing of the agreement. The third and final
payment of 25% of the total fee is due on the third anniversary date of the
signing of the agreement. There shall be no interest due under this payment
schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorized by the City
Commission. The applicant will be credited up to one-half of a parking space
for each full parking space constructed within public right-of-way. (For
example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant
constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu
fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting
in a fraction shall be rounded down. Credit may not be taken for those parking
spaces constructed in the public right-of-way which are required to meet the
performance standards for new developments.
( Requests to allow in-lieu fee payments that are not associated with a site plan or
a site plan modification shall expire two years after such request is approved.
The fee charged shall be the fee that is set forth in the Land Development
Regulations at the time payment is made for spaces required to accommodate
the associated site plan or site plan modification.
5
ORD.NO. 19-14
(4) Public Parking Fee: When parking requirements are applied to new development, in-
fill development, which has been vacant for five (5) years or longer, from a change of use, or adding
floor space to an existing building; the City Commission may approve the payment of a fee towards the
construction of a public parking structure in-lieu of providing such required parking on-site. This
option cannot be utilized in conjunction with the In-Lieu Fee provisions of subsection 4.6.9(E)(3) or
Section 4.6.9(B)(4), where private land is acquired by a governmental entity for parking or park
purposes.
(a) For properties located within 600' of a programmed public parking facility,
excluding property zoned CBD and/or CBD-RC, an alternative to providing all
the required parking on-site is to contribute towards the construction of the
parking facility. The cost per space shall be based upon the location of the
property for which the public parking fee is being sought. Area descriptions
and corresponding fee amounts are hereby established as follows: If for
whatever reason the public parking does not get built the City shall retain the fee
to provide parking or parking maintenance in the quadrant of the City where the
development is located.
(1) Area 1: Parcels located east of Swinton Avenue and South Dixie
Highway - $48,000 $23,400 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dixie
Highway - $46,,000 $18,400 per space.
(b) The Public Parking Fee is limited to no more than 25% of the total required
parking of a development not to exceed 10% of the total number of parking
spaces associated with the Programmed Public Parking Facility. Within a
Programmed Public Parking Facility, a maximum of 25% of the total number of
parking spaces provided within the Facility are available to the Public Parking
Fee Program.
(c) When a programmed public parking facility is not anticipated to be constructed
within three (3) years of site plan approval of the proposed development, a
building permit will not be issued unless the proposed development constructs
additional on-street parking within the right-of-way adjacent to the development
equating to 75% of the total number of spaces subject to the Public Parking
Fee.
(d) Where adequate right-of-way exists adjacent to the proposed project for which
the fee has been approved, the applicant must construct additional on-street
parking, not to exceed the total amount of spaces subject to the fee unless
authorized by the City Commission. The applicant will be credited up to one-
half of a parking space for each full parking space constructed within public
6
ORD.NO. 19-14
right-of-way. (For example, the applicant requests to pay the public parking fee
on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the applicant
must only pay the public parking fee for 2 spaces). Crediting of spaces
constructed in the right-of-way resulting in a fraction shall be rounded down.
(e) All required residential and guest parking spaces associated with a development
and required guest room parking for hotels, motels, residential-type inns, bed
and breakfasts, and similar uses must be provided on-site.
( The public parking fee must be paid in full upon issuance of a building permit.
(g) The Director of Planning and Zoning or designee shall maintain a record of the
developments that utilize the Public Parking Fee Program and the number of
spaces allocated to the program for each Programmed Public Parking Facility.
(h) The operating hours of the Programmed Public Parking Facility are at the sole
discretion of the governmental entity that owns the facility, and shall not be
affected by parking spaces intended for commercial tenants of the development.
(i) The Public Parking Fee amount shall be reviewed at a minimum every two (2)
years and the fee adjusted as warranted.
(j) Requests to allow public parking fee payments that are not associated with a site
plan or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set forth in the Land
Development Regulations at the time payment is made for spaces required to
accommodate the associated site plan or site plan modification.
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 upon its adoption on second and final
reading.
7
ORD.NO. 19-14
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2014.
M AYOR
ATTEST:
City Clerk
First Reading
Second Reading
8
ORD.NO. 19-14
Coversheet Page 1 of 4
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Environmental Services
Scott Aronson, Parking Facilities Manager
Randal L. Krejcarek, PE, Director of Environmental Services
THROUGH: Terry Stewart, Interim City Manager
DATE: June 18, 2014
SUBJECT: AGENDA ITEM II.A.-REGULAR COMMISSION MEETING OF JULY 15,2014
ORDINANCE NO. 19-14
BACKGROUND
A presentation addressing several topics of the Kimley Horn parking study was made to the City
Commission at its January 14, 2014 workshop. Staff was provided direction for the various topics and is
bringing forward modifications to the In-Lieu and Public Parking fee programs. This item is being
presented independently of the comprehensive parking management plan as it requires one (1) public
hearing and is unrelated to the discussions and components of a fee based parking program.
The in-lieu of parking fee program is a development incentive allowing expansions and conversions of
use for properties unable to provide required parking in accordance with Land Development
Regulations, (LDR), due to site restrictions. The program allows a small percentage of in-lieu spaces for
new development to maximize leasable square footage while reducing the urban sprawl caused by
surface parking lots.
A comprehensive review of the program, STAFF RECOMMENDATION
completed in 2006, showed a significant Current Fee Proposed% Proposed Market
disparity between the market rate cost per Area P p
space if constructing a parking structure (per space) Increase Fee Rate
and the program's cost per space. City Area 1 $18,200 30%
Commission, concurrent with other Area 2 $15,600 51% $23,660
recommending bodies, approved a 30% ° $28,000
increase in areas I through 3, stipulating Area 3 $7,800 30/o $10,140
annual review of the fees, intended to Area 4 $4,000 15% $4,600
increase fees in incremental costs until market rate was achieved. A February 2008 review resulted in
no increase in fees due to the failing economy,which has continued through subsequent years to date.
It has been suggested that the cost of in-lieu parking spaces, regardless of area, should be priced at the
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market rate for construction. A recent parking garage feasibility study, conducted by Kimley Horn for
the Block 117, Gladiola Lot, located on SE 6th Avenue, south of Atlantic Avenue, (Northbound Federal
Hwy), showed the estimated cost per space for the construction of an approximate 300 space garage at
$28,000 per space including design and construction. Considering the current build out of Areas 1 and
2, (Beach and Core Areas), and the lack of need for further development incentive, Staff is
recommending consolidation of these two areas.
A 30% increase, applied to the current Area 1 fee of $18,200 results in a $23,660 per space fee. It is
noted, the majority of in-lieu of parking fee requests are predicated by the conversion of use from retail
or office to restaurant.
The proposal will not negatively affect small "mom & pop" businesses from expanding or converting
available neighboring sites. Atlantic Avenue, extending 2-blocks north and south, between Swinton
Avenue and the Intracoastal Waterway (ICW), are governed under Land Development Regulations
(LDR), Section 4.4.13(G), requiring I-space per 300 square feet of total floor area for retail or net floor
area for office; excluding restaurants. Therefore, expanding to a vacant office or retail space within this
boundary would not require additional parking unless converting to restaurant. However, building new
floor area, (unlikely considering current conditions), would require parking. Outside this designated
area parking is required in accordance with LDR Section 4.6.9. Due to varying requirements for
different uses, additional parking may or may not be required.
Public Parking Fee: LDR Section 4.6.9(E)(4)
The Public Parking Fee is for AREA CURRENT 15% 30% MARKET
properties outside the In-Lieu of RATE INCREASE INCREASE RATE
Parking Fee areas. Area 1 of the West of
is for properties west o 1 $16,000 $18,400 $20,800
program p p Swinton $28000
Swinton Avenue and Dixie East of '
Highway at $16,000 per space and 2 1 Swinton 1 $18,000 $20,700 $23,400
Area 2 for properties east of
Swinton Avenue and Dixie Highway at $18,000 each. Staff recommends a 15% increase for properties
west of Swinton Avenue and 30% increase for properties east of Swinton Avenue, resulting in a
respective cost of$18,400 and $23,400 per space.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(m)(5), in addition to LDR
Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted.
While the In-Lieu of and Public Parking Fee Programs are not specifically mentioned in the
Comprehensive Plan, they are not inconsistent with the stated Goals, Objectives and Policies of the
plan.
The City Commission is asked to determine the appropriate increase in In-lieu and Public Parking Fees
and if development incentives are still needed in the areas described in the two LDR provisions.
This item is not affected by the comprehensive parking management plan. Moving forward
independently will reduce items included in the presentation mitigating information overload.
The Parking Management Advisory Board, at its meeting of January 28, 2014, recommended approval
of the modifications to the In-Lieu and Public Parking fee programs as outlined in the preceding staff
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report.
The Community Redevelopment Agency deliberated this item at its May 8, 2014 meeting. Consensus of
the Board was approval of the proposed ordinance with the caveat that In-lieu fees in Area 3, (formerly
Area 4),West Atlantic Avenue,remain unchanged.
The Downtown Development Authority, at its meeting of May 12, 2014 recommended denial of the
proposed ordinance.
The West Atlantic Redevelopment Coalition recommended a 30% increase for in-lieu of parking fees in
the area citing the marginal increase based on the reduced rate currently in effect.
The Planning and Zoning Board, at its meeting of May 19, 2014, in a 4-3 vote, (Shutt, Davey and
Durden dissenting),recommended approval.
In summary, the ordinance contains the following actions for the In-Lieu of and Public Parking
Fee Programs:
1) Consolidate Areas I and 2 of the in-lieu fee program
2) Increase fees in the consolidated In-lieu Area I by 30%resulting in a $23,660 per space fee
3) Increase fees in old In-Lieu AREA 3, now AREA 2 by 30% resulting in a $10,140 per space
fee
4) Increase fees in old In-Lieu AREA 4 now AREA 3 by 15%resulting in a $4,600 per space fee
Public Parking Fee Program
1) Increase fees in Public Parking Fee Area 1: West of Swinton by 15% and
2) Area 2, East of Swinton by 30%resulting, in $18,400 and $23,400 respective fee per space.
LEGAL DEPARTMENT REVIEW
The proposed ordinance was prepared by the City Attorney's office and it complies with all applicable
laws.
FINANCIAL DEPARTMENT REVIEW
Finance recommends approval, except that fees for all areas east of Swinton Avenue should be
increased to full market rate. Based on data in this memo, this would be a minimum of the Kinley-Horn
2010 estimated construction cost of$ 28,000 per space, increased to reflect costs at some future date at
which the City's in-lieu garage spaces would plausibly be built. To this should be added the present
value of future garage operating costs, offset by future garage revenue, if any.
DISCUSSION
This item is before Commission to consider an amendment to the Land Development Regulations
(LDR) by amending Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu
Fee" and (4), "Public Parking Fee", to reflect fee changes for same.
TINHNG OF THE REQUEST
While no immediate urgency exists for this item, staff would like the item heard as soon as practical to
implement this long overdue text amendment.
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Staff recommends approval of Ordinance No. 19-14 on first reading and for the ordinance to be
scheduled for Public Hearing at the next available City Commission Meeting.
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•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Environmental Services
Scott Aronson, Parking Facilities Manager
Randal L. Krejcarek, PE, Director of Environmental Services
THROUGH: Terry Stewart, Interim City Manager
DATE: June 18, 2014
SUBJECT: AGENDA ITEM II.A.-REGULAR COMMISSION MEETING OF JULY 15,2014
ORDINANCE NO. 19-14
BACKGROUND
A presentation addressing several topics of the Kimley Horn parking study was made to the City
Commission at its January 14, 2014 workshop. Staff was provided direction for the various topics and is
bringing forward modifications to the In-Lieu and Public Parking fee programs. This item is being
presented independently of the comprehensive parking management plan as it requires one (1) public
hearing and is unrelated to the discussions and components of a fee based parking program.
The in-lieu of parking fee program is a development incentive allowing expansions and conversions of
use for properties unable to provide required parking in accordance with Land Development
Regulations, (LDR), due to site restrictions. The program allows a small percentage of in-lieu spaces for
new development to maximize leasable square footage while reducing the urban sprawl caused by
surface parking lots.
A comprehensive review of the program, STAFF RECOMMENDATION
completed in 2006, showed a significant Current Fee Proposed% Proposed Market
disparity between the market rate cost per Area P p
space if constructing a parking structure (per space) Increase Fee Rate
and the program's cost per space. City Area 1 $18,200 30%
Commission, concurrent with other Area 2 $15,600 51% $23,660
recommending bodies, approved a 30% ° $28,000
increase in areas I through 3, stipulating Area 3 $7,800 30/o $10,140
annual review of the fees, intended to Area 4 $4,000 15% $4,600
increase fees in incremental costs until market rate was achieved. A February 2008 review resulted in
no increase in fees due to the failing economy,which has continued through subsequent years to date.
It has been suggested that the cost of in-lieu parking spaces, regardless of area, should be priced at the
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8076&MeetingID=510 7/21/2014
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market rate for construction. A recent parking garage feasibility study, conducted by Kimley Horn for
the Block 117, Gladiola Lot, located on SE 6th Avenue, south of Atlantic Avenue, (Northbound Federal
Hwy), showed the estimated cost per space for the construction of an approximate 300 space garage at
$28,000 per space including design and construction. Considering the current build out of Areas 1 and
2, (Beach and Core Areas), and the lack of need for further development incentive, Staff is
recommending consolidation of these two areas.
A 30% increase, applied to the current Area 1 fee of $18,200 results in a $23,660 per space fee. It is
noted, the majority of in-lieu of parking fee requests are predicated by the conversion of use from retail
or office to restaurant.
The proposal will not negatively affect small "mom & pop" businesses from expanding or converting
available neighboring sites. Atlantic Avenue, extending 2-blocks north and south, between Swinton
Avenue and the Intracoastal Waterway (ICW), are governed under Land Development Regulations
(LDR), Section 4.4.13(G), requiring I-space per 300 square feet of total floor area for retail or net floor
area for office; excluding restaurants. Therefore, expanding to a vacant office or retail space within this
boundary would not require additional parking unless converting to restaurant. However, building new
floor area, (unlikely considering current conditions), would require parking. Outside this designated
area parking is required in accordance with LDR Section 4.6.9. Due to varying requirements for
different uses, additional parking may or may not be required.
Public Parking Fee: LDR Section 4.6.9(E)(4)
The Public Parking Fee is for AREA CURRENT 15% 30% MARKET
properties outside the In-Lieu of RATE INCREASE INCREASE RATE
Parking Fee areas. Area 1 of the West of
is for properties west o 1 $16,000 $18,400 $20,800
program p p Swinton $28000
Swinton Avenue and Dixie East of '
Highway at $16,000 per space and 2 1 Swinton 1 $18,000 $20,700 $23,400
Area 2 for properties east of
Swinton Avenue and Dixie Highway at $18,000 each. Staff recommends a 15% increase for properties
west of Swinton Avenue and 30% increase for properties east of Swinton Avenue, resulting in a
respective cost of$18,400 and $23,400 per space.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(m)(5), in addition to LDR
Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted.
While the In-Lieu of and Public Parking Fee Programs are not specifically mentioned in the
Comprehensive Plan, they are not inconsistent with the stated Goals, Objectives and Policies of the
plan.
The City Commission is asked to determine the appropriate increase in In-lieu and Public Parking Fees
and if development incentives are still needed in the areas described in the two LDR provisions.
This item is not affected by the comprehensive parking management plan. Moving forward
independently will reduce items included in the presentation mitigating information overload.
The Parking Management Advisory Board, at its meeting of January 28, 2014, recommended approval
of the modifications to the In-Lieu and Public Parking fee programs as outlined in the preceding staff
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report.
The Community Redevelopment Agency deliberated this item at its May 8, 2014 meeting. Consensus of
the Board was approval of the proposed ordinance with the caveat that In-lieu fees in Area 3, (formerly
Area 4),West Atlantic Avenue,remain unchanged.
The Downtown Development Authority, at its meeting of May 12, 2014 recommended denial of the
proposed ordinance.
The West Atlantic Redevelopment Coalition recommended a 30% increase for in-lieu of parking fees in
the area citing the marginal increase based on the reduced rate currently in effect.
The Planning and Zoning Board, at its meeting of May 19, 2014, in a 4-3 vote, (Shutt, Davey and
Durden dissenting),recommended approval.
In summary, the ordinance contains the following actions for the In-Lieu of and Public Parking
Fee Programs:
1) Consolidate Areas I and 2 of the in-lieu fee program
2) Increase fees in the consolidated In-lieu Area I by 30%resulting in a $23,660 per space fee
3) Increase fees in old In-Lieu AREA 3, now AREA 2 by 30% resulting in a $10,140 per space
fee
4) Increase fees in old In-Lieu AREA 4 now AREA 3 by 15%resulting in a $4,600 per space fee
Public Parking Fee Program
1) Increase fees in Public Parking Fee Area 1: West of Swinton by 15% and
2) Area 2, East of Swinton by 30%resulting, in $18,400 and $23,400 respective fee per space.
LEGAL DEPARTMENT REVIEW
The proposed ordinance was prepared by the City Attorney's office and it complies with all applicable
laws.
FINANCIAL DEPARTMENT REVIEW
Finance recommends approval, except that fees for all areas east of Swinton Avenue should be
increased to full market rate. Based on data in this memo, this would be a minimum of the Kinley-Horn
2010 estimated construction cost of$ 28,000 per space, increased to reflect costs at some future date at
which the City's in-lieu garage spaces would plausibly be built. To this should be added the present
value of future garage operating costs, offset by future garage revenue, if any.
DISCUSSION
This item is before Commission to consider an amendment to the Land Development Regulations
(LDR) by amending Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu
Fee" and (4), "Public Parking Fee", to reflect fee changes for same.
TINHNG OF THE REQUEST
While no immediate urgency exists for this item, staff would like the item heard as soon as practical to
implement this long overdue text amendment.
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Staff recommends approval of Ordinance No. 19-14 on first reading and for the ordinance to be
scheduled for Public Hearing at the next available City Commission Meeting.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8076&MeetingID=510 7/21/2014
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2F SOUTH FLORIDA SUNSENTINEL SUNSENTiNEL.COM Friday, July 25, 2014
CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING wil)be held on the fol-
lowing proposed ordinances at 7:40 p.m.
on TUESDAY,AUGUST 5,2014 or at any
continuation of such meeting which Is
set by the Commission),in the City Com-
mission Chambers,100 N.W.1st Avenue,
Delray Beach,Florida,at which time the
City Commission will consider their adop-
tion, The proposed ordinances may be
inspected at the Office of the City Clerk
at Clty Hall,100 N.W.1St Avenue,Delray
Beach,Florida,between the hours of
8.00 a.m.and 5:00 p.m.,Monday through
Friday,except holldays.All interested
parties are invited to attend and be heard
With respect to the proposed ordinances.
ORDINANCF NO.19-14
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CITY OF DELRAY BEACH,
FLORIDA,AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY OF DEL-
RAY BEACH,FLORIDA,BY AMENDING AR-
TICLE 4.6,"SUPPLEMENTAL DISTRICT REG-
ULATIONS",SECTION 4,6.9,"OFF-STREET -
PARKING REGULATIONS",SUBSECTION
(E),"LOCATION5 OF PARKING SPACES",
SUa-SUBSFCTIONS(3),"IN-LIEU FEE",AND
(4),"PUBLIC PARKING FEE",TO REFLECT
FEE CHANGES FOR SAME;PROVIDING A
SAVING CLAUSE,A GENERAL REPEALER
CLAUSE,AND AN EFFECTIVE DATE.
ORDINANCE NO,21-14
AN ORDINANCE OF THE CITY COMMIS-
SION.OF THE CITY OF DELRAY BEACH,
FLORIDA,AMENDING CHAPTER 35,
"EMPLOYEE POLICIES AND BENEFITS",
SECTION,"35.105,ADMINISTRATION BY
RETIREMENT COMMITTEE",SUBSECTION
(A1(1),"RETIREMENT COMMITTEE ESTAB-
LISHED",TO REQUIRE THE CHIEF FINAN-
CIAL OFFICER OR TREASURER TO BE A
MEMBER OF THE GENERAL EMPLOYEE'S
RETIREMENT COMMITTEE;PROVIDING A
SAVING CLAUSE,A GENERAL REPEALER
CLAUSF,AND AN EFFECTIVE DATE- -
Please be advised that if a person de-
Cides to appeal any decision made by
the City Commission Wlth respect to any
matter Considered at these hearings,
such person may need to ensure that a
verbatim record includes the testimony
and evidence upon which the appeal is
to be based.The City does not provide
nor prepare such record, Pursuant to FS.
286.0105,
CITY OF DELRAY BEACH
Chevelle D.Nubin,MI
City Clerk
July 25,2014