Ord 09-15 ORDINANCE NO. 9-1-5
AN ORDINANCE OF THE CITY CONB1ISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 4.6.9, "OFF STREET PARIUNG REGULATIONS",
SUBSECTION 4.6.9 (E), `LOCATIONS OF PARKING . SPACES",
PARAGRAPH 3 "IN LIEU FEE" TO CREATE TWO NEW AREAS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEATER
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 March 16, 2015 and
voted 5 to 0 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.
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Plannitag and Zoning Staff Report; and
WHEREAS, the City Commission of the City-of Delray Beach finds the ordinance is consistent
tividz the Comprehensive Plan.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF TE-IE CITY
OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the recitations set fotth above are incorporated herein.
Section 2. That Section 4.6.9, "Off Street Parking Regulations, "Subsection (E),
"Locations of Parking Spaces", Paragraph (3), "In-Lieu Fee", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the sante is hereby amended to
read as follows;
(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 parkhig, have the option of requesting
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some of the parking spaces to be approved by the City Commission tlztough the payinent 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 Iimit of 30°/6 of eligible required parking can be provided under this option,
i
except for Use conversions for whicli there is no niaziinutn. Before granting such approvals,
the City Comrnission must find that adequate public parldng 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 inlieuof required parldrig shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD and OSSHAD Zoning
Districts, III compliance with the Supplemental District Regulations
provisions therein.
(b) Arrangements for payment shall be approved by the City
Commission at the tine 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
rnap).
(1) Area 1: - m 'a
$18,200 pef spaee. Parcels located
east of the Intracoastal Waterwa�r which are zoned CBD and
parcels located west of the Intracoastal Waterway which ate
zoned CBD and which are not included within the Pineaple
Grove Main Street area, West Atlantic Neighborhood, Block
69, and Area 4 and Area 5 as described in this section and
parcels located in the Old School Square Historic Arts
z
District (OSSHAD) - S23,660 per space.
(2) Area 2: Pafeels ioeftted west of the latraeoastal Waterway
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Parcels located within the OSSHAD zoning district.-
69, and parcels located -,vithin the Pineapple Grove Main
Street area which are zoned CBD - $10,146 et space.
(3) Area 3: ,
e-Neept for Block 69 fts fteted 4t Area 2; and parcels Iocate
whichare e
C$D .._. CBD-RG - $ pet7,800space. Parcels located -within
the West Atlantic Nei hbothood which ate zoned CBD -
S4,600 per space.
2
ORD.NO. 09-15
(4� Area 4. Patcels located south of NE 4" Street, east of the
north/south alley between NE 2n and NE 3`d Avenues,
north of NE 3"' Street, and west of the FEC Railtoad that
are zoned CBD - $4,600 per space.
5 Area 5: Patcels located south of SE To Street East of
Swinton Avenue, north of SE 7`" Street and west of SE 3l
Avenue that are zoned CBD.-$4,600 per space.
3
ORD.NO. 09-15
(c) All proceeds from such a fee shall be used for parking purposes or
pedestrian/bicycle infrastructure 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 feewbich is not paid in full at tine of
permit must enter into an InLieuof 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 Pahn 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 tie
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
die 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%Q of the total fee and is to be
paid upon signing the agreement. The second installment shall be 25% of
die total fee and is due on the second anM'versar`r date of the signing of die
agreement. The third and final payment of 25% of die total fee is due on die
tbird. anniNtersaiy date of the signing of tlhe 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 wliicli an in-lieu parking fee has been approved, the
applicant must construct additional ori-street parking, not to exceed the total
amount of spaces subject to in-lies 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 c-ample, the applicant requests to pay the in heu 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 resultingin a fraction shall be rounded down. Credit may not be taken
for those parking spaces constructed in the public right-of-way wlhich are
required to ineet the performance standards for new developments.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan
or a site plan modification shall expite two years after such request is
approved. The fee charged shall be the fee that is set fords in the Land
Development Regulations at the tithe payment is made for spaces requited to
accomi odate the associated site plan or site plan modification.
5
ORD.NO. 09-15
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ORD.NO. 09—I5
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 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 upon its adoption on second
and final readiyaag.
PASSED AND ADOPTED in regular session on second and final reading on this the
20 day of Mav, 2�.
Ma r
ATTEST:
City Clerk
First Reading: 05/05/2015
Second Reading: 05/20Z2015
6
ORIS.NO. 09-15
SUN-SENTINEL "
Published Daily ��
Fort Lauderdale,Broward County,Florida
Boca Raton,Palm Beach County,Florida
Miami,Miami-Dade County,Florida
STATE OF FLORIDA CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING Will be held on the tal---
lowing proposed ordinances on WEDNES-
COUNTY OF: BROWARD/PALM BEACH/MIAMI-DADE DAY,MAY 20,2015 at 7:00 p.m.or at any
Continuation of such meeting which is set
by the Commission),in the Commission
Before the undersigned authority personally appeared Chambers,100 N.W.1$t Avenue,DelrayBeach,Florida,at which time the City
MARK KUZNITZ, who on oath says that he or she is a dui authorized representative of the SUN- Commission will d ordinanonsider ces
their may
Y Y p - tion-The proposed ordinances maybe
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACHIMIAMI-DADE County, inspecC ry Halla 1 0 N.W.t the ce of the
Avenue,
:atlray
Florida; that the attached copy of advertisement, being a Legal Notice in: Beach,Florida,between 5:00 a.m.and
5;p0 p.m.,Monday through Friday,except
holidays. Interested parties are invited to
attend and be heard with respect to the
The matter of 11720-Notice of Public Meeting proposed ordinances.
ORDINANCE NO.07-15
CITY OF DELRAY BEACH AN ORDINANCE OF THE CITY COMMIS-
atUrday SION OF THE CITY OF DELRAY BEACH,
FLORIDA,AMENDING CHAPTER 51,
05/09/2015 "GARBAGE AND TRASH",OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY
Hearing REACH,BY AMENDING SECTION 51,70,
"REGULAR CHARGES LEVIED",TO PRO-
VIDE FOR NEW RESIDENTIAL COLLECTION
SERVICE RATES FOR THE REMAINING FY
Was published in said newspaper in the issues of;May 09, 2015 2075;PROVIDING AGENERAL REPEALER
CLAUSE,A SAVING CLAUSE,AND AN EF-
FECTIVE DATEr
3271051 ORDNANCE NU.09-15
AN ORDINANCE OF THE CITY COMMIS_
Affiant further says that the said SUN-SENTINEL is a newspaper published in said SION OFTHE CITY OF DELRAY BEACH,
AMENDIBROWARD/PALM BEACH/MIAMI-DADE County,Florida, and that the said newspaper has OPMRENTA REGULATIONS SOG THEF THECTYOF:
heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County,
DELRAY ON 469,"OF�STREETAMENDING
KI
Florida, each da and has been entered as second class matter at the post office in BROWARD REGULATIONS",SUBSECTION 4.6.9(E),
Y p LOCATIONS OF PARKING SPACES",
County,Florida, for a period of one year next preceding the first publication of the attached copy of PARAGRAPH 3"IN LIEU FEE"TO CREATE
Two NEW AREAS;PROVIDING A SAVING
advertisement; and affiant further says that he or she has neither paid nor promised,any person, firm CLAUSE,A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
or corporation, any discount, rebate, commission or refund,for the purpose of securing this
Please be advised that if a person decides
advertisement for publication in the said newspaper. 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 re-
q_ Cord includes the testimony and evidence
►tom upon which the appeal is to be based.
The City does not provide nor prepare
Signature of Affiant such record pursuant to E5.286.0105,
S worn o and subscribed before e this: May l 1,2015. ,CITY OF DELRAY BEACH
City Cl e D.NUbin,MMC
City Clerk
Saturday,May 9,2015
Signature of Notary Pub •,,,,,,, NOREEN RUBIN
•��PFY PI/g��//
=a°, „`,, Notary Public-State of Florida
•= My Comm. Expires Oct 24, 2016
"'* `a Commission# EE 213961
''/,`c OF fL�p�`
�" Bonded Through National Notary Assn.
Name of Notary, Typed, rine ,or ped"""""
Personally Known(X) or Produced Identification{ )
Order#-3271051
-SUNSENTINEL.COM SOUTH FLORIDA SUNSENTINEL • 25F
CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the fol-
lowing proposed ordinances on WEDNES-
DAY,MAY 20,2015 at 7:00 p.m,or at any
Continuation of such meeting which is set
by the Commssion),In the Commission
Chambers,100 N.W.1st Avenue,Delray
Beach,Florida,at which time the City
Commission will consider their adop-
tlon.The proposed ordlnances may be
inspected at the Office of the City Clerk
at City Hall,100 N.W.1st Avenue,Delray -
BeaCh,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 respect to the
proposed ordinances.
ORDINANCE NO.07-15
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CITY OF DELRAY BEACH,
FLORIDA,AMENDING CHAPTER 51,
"GARBAGE AND TRASH",OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY
BEACH,BY AMENDING SECTION 51,7Q
"REGULAR CHARGES LEVIED",TO PRO- _
VIDE FOR NEW RESIDENTIAL COLLECTION
SERVICE RATES FOR THE REMAINING FY
2015;PROVIDING A GENERAL REPEALER
CLAUSE,A SAVING CLAUSE,AND AN EF-
FECTIVE DATE.
ORDINANCE NO.09-15
AN ORDINANCE OF THE CITY COMMIS- _
SION OF THE CITY OF DELRAY BEACH,
FLORIDA,AMENDING THE LAND DEVEL-
OPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH,FLORIDA,BY AMENDING
SECTION 4.6.9,"OFF-STREET PARKING
REGULATIONS",SUBSECTION 4.6.9(E),
"LOCATIONS OF PARKING SPACES',
PARAGRAPH 3"IN LIEU FEE"TO CREATE
TWO NEW AREAS;PROVIDING A SAVING
CLAUSE,A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
Please be advised that if a person decides
to appeal any decisign_made by the Cty
Commission with respect to any matter
considered at this hearing,such person
may need to ensure that a verbatim re-
cord 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,MMC
City Clerk
Saturday,May 9,2015