Ord 79-05
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ORDINANCE NO. 79-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
APPENDIX "A" OF THE LAND DEVELOPMENT
REGULATIONS, BY ADDING DEFINITIONS OF A PUBLIC
PARKING FACILITY AND PROGRAMMED PUBLIC
PARKING FACILITY; AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES" BY CREATING A
NEW SUBSECTION 4.6.9(E)(4), "PARKING FACILITY
PAYMENT" TO ESTABLISH ALTERNATIVE
PROVISIONS FOR ACCOMMODATING REQUIRED
PARKING, WHEN NOT PROVIDED ON-SITE,
PROVIDING FOR RENUMBERING; PROVIDING A
SAVINGS 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 October 17, 2005
and voted 6 to 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; and
WHEREAS, parking facilities in the City's downtown area have been identified as
a need in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and
Delray Beach Parking Master Plan;
WHEREAS, the governmental entities have either acquired property or are in the
process of acquiring property for public parking purposes;
WHEREAS, in order to address the need to provide public parking facilities and
assist financing said facilities, the requirement to provide parking on-site may be met by
providing a fee for each space not provided on-site in order to ensure sufficient parking
and to provide for parking in general;
WHEREAS, the Downtown Delray Beach Master Plan recommends the
implementation of the shared parking concept where possible and this public parking
program is part of this goal; and,
(
WHEREAS, shared parking allows business to develop and benefit the overall
economy without the creation of excessive unnecessary parking that erodes the urban
fabric, and provides a public benefit by allowing the public to use the parking spaces
during the day and evening.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" of the Land Development Regulations is hereby
amended to read as follows:
Public Parkino Facilitv: A parking lot or parking structure/garage that is owned
by a governmental agem'y or a partnership that includes a governmental entity,
which provides parking fo, the general public.
PrOQrammed Public Parkino Facilitv: A parking lot or parking structure that
has been identified in the City's Comprehensive Plan and/or as a potential site in
the City's Parking Master Plan, which will be constructed or owned by a
governmental entity or a partnership that includes a governmental entity, which
provides parking for the general public.
Section 2. That Article 4.6, "Supplemental District Regulations", of the Land
Development Regulations is hereby amended by amending 4.6.9(E), "Location of
Parking Spaces", to create a new subsection and renumber section 4.6.9(E)(4) to read
as follows:
(4) Public Parkino Fee: When parkinQ requirements are applied to new development.
in-fill development. from a chanQe of use. or addinQ floor space to an existinQ buildinQ:
the City Commission may approve the payment of a fee towards the construction of a
public parkinQ structure in-lieu of providinQ such required parkinQ on-site. This option
cannot be utilized in coniunction 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 Qovernmental
entity for parkinQ or park purposes.
a) For properties located within 600' of a proorammed public parkinQ facility.
excludinQ propertv zoned CBD and/or CBD-RC. an alternative to providinQ all the
required parkino on-site is to contribute towards the construction of the parkinQ
facility. The cost per space will be determined based upon the Citv's estimateEl
construction cost of the parkino structure determined at the time that tAe
Elevelopment receives site plan approval. if the parkinQ structur.e has net Been
constructed. and the actual cost of the land that will contain the proarammeEl
2
ORD. 79.05
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Byolie eaFkiAEJ manit\'. '"A/heR a BF99Fammea BYBlis Bar=kiRa fasiliw has beeR
senstructes er is l,lASer seAstructieA, tAe Bl,lBlis BaFkiAa fee will be Bases l,lBeA
tAe astl,lal sest Elf constA:lstieA. The cost per space shall be based upon the
location of the property for which the public parkino fee is beino souoht. Area
descriptions and correspondino fee amounts are hereby established as follows: If
for whatever reason the public parkino does not oet built the City shall retain the
fee to provide parkino or parkino 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-
~18.000 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dixie
Highway - $16.000 per space.
b) The Public Parkino Fee is limited to no more than 25% of the total re~uired
parkino of a development not to exceed 10% of the total number of parkino
spaces associated with the Proorammed Public Parkino Facility. Within a
Proorammed Public Parkino Facility, a maximum of 25% of the total number of
parkino spaces provided within the Facility are available to the Public Parkino
Fee Prooram.
c) When a proorammed public parkino facility is not anticipated to be constructed
within three (3) years of site plan approval of the proposed development. a
buildino permit will not be issued unless the proposed development constructs
additional on-street parkino within the rioht-of-way adiacent to the development
eouatino to 75% of the total number of spaces subiect to the Public Parkino Fee.
d) Where ade~uate rioht-of-way exists adiacent to the proposed proiect for which
the fee has been approved. the applicant must construct additional on-street
parkino, not to exceed the total amount of spaces subiect to the fee unless
authorized by the City Commission. The applicant will be credited UP to one-half
of a parkino space for each full parkino space constructed within public rioht-of-
way. (For example. the applicant re~uests to pay the public parkino fee on 4
spaces: the applicant constructs 4 spaces in the rioht-of-way: the applicant must
only pay the public parkino fee for 2 spaces). Creditino of spaces constructed in
the rioht-of-way resultino in a fraction shall be rounded down.
e) All re~uired residential and ouest parkino spaces associated with a development
and re~uired ouest room parkino for hotels. motels. residential-type inns. bed and
breakfasts. and similar uses must be provided on-site.
3
ORD. 79-05
f) The public parkino fee must be paid in full upon issuance of a buildino permit.
g) The Director of Plannino and Zonino or desionee shall maintain a record of the
developments that utilize the Public Parkino Fee Prooram and the number of
spaces allocated to the prooram for each Proorammed Public Parkino Facility.
h) The operatino hours of the Proorammed Public Parkino Facility are at the sole
discretion of the oovernmental entity that owns the facility. and shall not be
affected by parkino spaces intended for commercial tenants of the development.
i) The Public Parkino Fee amount shall be reviewed at a minimum every two (2)
years and the fee adiusted as warranted.
(4Q) Off-5lte Parkina: In instances where uses do not have sufficient space to
accommodate customer and employee parking demands. parking requirements may be
provided off-site in accordance with the following:
(a) Normal Ooerations: Parking for day-to-day operation may be provided on
other property within three hundred feet (300') provided that both properties are
of the same general type of zone designation (i.e. commercial, industrial, office,
etc.) or when the off-site parking site is zoned CF and a conditional use
approval for use as a parking lot has been approved, and when in compliance
with, and pursuant to, the following:
(1) The 300' distance shall be measured along an acceptable pedestrian
route;
(2) Approval of such off-site parking may be granted by the body which has
approval authority of the related site and development plan;
(3) An agreement providing an easement for such use is prepared pursuant
to Subsection (E)(5) and is recorded prior to certification of the site and
development plan;
(4) The provision of the parking easement shall not diminish the ability of the
property upon which it is placed, to accommodate its required parking.
(b) SDecial Events/Facilities; In instances where uses and/or facilities have
large parking demands/requirements and which are otherwise subject to
conditional use approval (e.g. stadiums, places of assembly, community and civic
4
ORD. 79-05
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centers, recreational areas, etc.) such parking may be provided off-site in
accordance with the following.
(1) Approval of such off-site parking may be granted by the body which has
approval authority of the related conditional use.
(2) A parking and transportation plan must be presented in order to obtain
such approval. The plan must identify parking areas and demonstrate the
manner in which transportation to the use site, security, maintenance, and
related matters will be accommodated.
(3) Easements, agreements, or other appropriate legal documents which
assure continued availability of such parking shall be required as a part of the
parking and transportation plan.
(aQ) Off-5ite Parkina Aareement: The owner of the alternate off-street parking
area, and the owner of the principal use or building (including the land on which it is
situated), shall enter into a written agreement with the City (in such form as may be
approved by the City Attorney), with enforcement running to the City, providing that the
land comprising the alternate off-street parking area shall never be disposed of except
in conjunction with the transfer or sale of the building which the parking area is intended
to serye, so long as the parking facilities are required. The owner agrees that such
agreement shall be in recordable form, the expense of recording to be borne by the
owner, and that the agreement shall constitute a covenant running with the land binding
upon the owners, heirs, administrators, successors, and assigns. The agreement shall
be recorded by the City Clerk. The agreement shall be released by the Commission at
such time as the alternate off-street parking facilities are no longer required or when the
owner provides other lawful off-street parking facilities. The owner shall bear the
expense of recording the release of the agreement.
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 immediately upon its
passage on second and final reading.
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ORD. 79-05
')
.,r&SSED AND ADOPTED in regular session on second and final reading on this
the.:> day of --:S-~U~.I.) ,2006.
8~M~Y04z.
ATTEST:
~.~ \)-~~
CITY CLERK
First Reading
Second Reading
6
ORD. 79.05
MEMORANDUM
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 'fftJI.
AGENDA ITEM # \ ~r - REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 79-05 (AMENDMENT TO LAND DEVELOPMENT REGULATIONS
4.6.9(E). "LOCATION OF PARKING SPACES")
DECEMBER 30, 2005
TO:
FROM:
SUBJECT:
"Ibis ordinance is before Commission for second reading and public hearing for a privately initiated amendment to Land
Development Regulations (LOR), 4.6.9(E), "Location of Parking Spaces", and Appendix "A", "Definitions", to establish a
parking fee and provide a definition for a public parking facility and programmed public parking facility.
Public parking facilities in the City's downtown area have been identified as a need in the City's Comprehensive Plan and
Downtown Delray Beach Master Plan. In order to maximize potential shared parking scenarios, a privately initiated text
amendment to LDR Section 4.6.9 has been proposed by New Urban Communities. The amendment will allow the payment
of a fee (public parking fee) for each parking space not provided on-site of a proposed development which is located within
600' of a proposed municipal parking facility. The intent of the amendment is to provide property owners an incentive to
assist a governmental entity in the construction of a public parking facility in a manner that is mutually beneficial. In addition,
the amendment would maximize shared parking options and minimize both the visual impact and disruptions to the urban
fabric of the streetscape caused by expansive and individual surface parking lots. The proposed amendment also includes a
definition of ''Public Parking Facility" and ''Programmed Public Parking Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood, the maximum number of parking spaces
subject to the public parking fee is limited to 25% of the total number of required parking spaces for the development
Additionally, if the public parking facility is not scheduled to be constructed within three (3) years of site plan approval for the
development, a minimum of 75% of the parking spaces subject to fees must be constructed in the right-of-way adjacent to the
development. These parking spaces will be available to the general public and may not be reserved or dedicated to the
proposed development nor credited to meet the required on-site parking.
Pursuant to LDR Section 2.4.5(M)(5), "Findings", the 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 and the proposed text amendment furthers Future Land Use
Element Objective CA and Future Land Use Policies CA.l, C-4.2, C-4.3, the Delray Beach Downtown Master Plan, and the
proposed Delray Beach Parking Master Plan. However, the proposal is inconsistent with recent modifications to the In-Lieu
of Parking Program, applicable to other areas of the City, which mandates that new development is to provide all required
parking spaces on-site. An earlier version of the amendment was reviewed by the Downtown Development Authority (DDA),
Chamber of Commerce Local Government Affairs Committee, West Adantic Redevelopment Coalition (WARq, Community
Redevelopment Agency (CRA), and the Parking Management Advisory Board (PMAB).
The Planning and Zoning Board held a public hearing at its meeting of October 17, 2005. There was no public testimony.
The Board voted 6-0 to recommend to the City Commission approval of the proposed ordinance with the condition: In
addition to estimated construction cost per space, land costs, to be calculated using the cost per square foot at the time of
purchase of the property by the Governmental agency multiplied by 378 square feet per space (the approximate size of a
parking space with associated drive aisles).
At the first reading on November is, 2005, the City Commission passed Ordinance No. 79-05. Changes were made to the
ordinance and it was placed on the December 6, 2005 Commission Meeting as a Public Hearing. On December 6, 2005,
Ordinance No. 79-05 was postponed due to a request from the applicant and was scheduled to come back to Commission as a
first reading on December 13, 2005. At the first reading on December 13, 2005, the City Commission passed Ordinance No.
79-05.
Recommend approval of Ordinance No. 79-05 on second and final reading.
S,\Gty Cletk\agenda memm\Onl79-05 LDR 469E Public Porlcing 010306
01(
M1
FROM:
D~~R~ MANAGER
PAfL_~(>RLlN~aCTOR OF PLANNING & ZONING
~~ARKING MANAGEMENT SPECIALIST
MEETING OF DECEMBER 13, 2005 - REGULAR AGENDA
ALTERNATE ORDINANCE 79-05, A PRIVATELY INITIATED TEXT
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.6.9 TO
ESTABLISH A PUBLIC PARKING FEE AND AMENDING APPENDIX "A"
PROVIDING A DEFINITION FOR PUBLIC PARKING FACILITY AND
PROGRAMMED PUBLIC PARKING FACILITY
TO:
THRU:
SUBJECT:
Public Parking facilities in the City's downtown area have been identified as a need in the City's
Comprehensive Plan and Downtown Delray Beach Master Plan. The potential locations for public parking
garages have been identified in the proposed Delray Beach Downtown Parking Master Plan. In order to
maximize potential shared parking scenarios, as identified in the Downtown Master Plan, a privately
initiated text amendment to LOR Section 4.6.9 has been proposed by New Urban Communities. The
proposed amendment will allow the payment of a fee (public parking fee) for each parking space not
provided on-site of a proposed development which is located within 600' of a proposed municipal parking
facility. The proposed 600' distance is the area of influence and represents the 5-minute walking distance
discussed in the Downtown Master Plan, and is the distance a person will normally walk from a parking
facility to their destination. The intent of this amendment is to provide property owners an incentive to assist
a governmental entity in the construction of a public parking facility in a manner that is mutually beneficial.
Further, the amendment would maximize shared parking options and minimize both the visual impact and
disruptions to the urban fabric of the streetscape caused by expansive and individual surface parking lots.
The proposed amendment also includes a definition of "Public Parking Facility' and "Programmed Public
Parking Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood, the maximum number
of parking spaces subject to the public parking fee is limited to 25% of the total number of required parking
spaces for the development. Additionally, if the public parking facility is not scheduled to be constructed
within three (3) years of site plan approval for the development, a minimum of 75% of the parking spaces
subject to fees must be constructed in the right-of-way adjacent to the development. These parking spaces
will be available to the general public and may not be reserved or dedicated to the proposed development
nor credited to meet the required on-site parking.
Pursuant to City Commission direction, the alternate ordinance before you includes the creation of distinct
areas subject to specific fee structures per space. Area 1 is defined as parcels located East of Swinton
Avenue and/or Dixie Highway subject to a fee of $18,000 per space, and Area 2, parcels located west of
Swinton Avenue and/or Dixie Highway subject to a fee of $16,000 per space. The difference in the fees
between the two areas is attributed to differences in land vaiues. Additionally, a provision to review the
ordinance every two (2) years to assure that the fees are consistent with market conditions has been
included.
Pursuant to LOR Section 2.4.5(M)(5) (Findings) 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 and the
proposed text amendment furthers Future Land Use Element Objective C-4 and Future Land Use Policies
C-4.1, C-4.2, C-4.3, the Delray Beach Downtown Master Plan and the proposed Delray Beach Parking
Master Plan. However, it is noted that the proposal is inconsistent with recent modifications to the In-Lieu of
Parking Program, applicable to other areas of the City, which mandates that new development is to provide
all required parking spaces on-site.
\~A
City Commission Staff Report
LDR Text Amendment To Section 4.6.9
To Establish A Public Parking Fee
Although the alternative ordinance has not been reviewed by the Boards listed below, the modifications are
consistent with what was presented to them.
Downtown Development Authority (DDA): At its meeting of October 10, 2005 the Board recommended
approval of the amendment, as presented by the applicant, with the following condition:
1. Pro-rated annual maintenance fees (based on the number of spaces subject to the fee) should be
assessed until such time that the City, at its discretion, begins to charge regular parking fees in the
facility, at which time the agreements could be terminated.
Chamber of Commerce Local Government Affairs Committee: The item was presented to the Board at
its meeting of September 9, 2005. No significant discussion was held regarding the proposal.
West Atlantic Redevelopment Coalition (WARC): At its meeting of September 14, 2005 the Board
recommended a continuance of the item to enable the board members ample opportunity to review the
proposal. To date, the Board has not reviewed the item a second time.
Community Redevelopment Agency (CRA): At a special meeting held on September 16, 2005, the
Board consensus was to recommend approval of the ordinance with the following conditions:
1. Some form of land costs should be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed;
3. No long term maintenance contributions should be required;
4. All required residential and guest parking must be provided on the project site, therefore not
eligible for the public parking fee; and
5. Garage operating hours should be at the discretion of the City and shall not be affected by
parking spaces purchased for commercial tenants of the development.
Parking Management Advisory Board (PMAB): At a special meeting of the PMAB, held on October 6,
2005, the PMAB recommended approval of the proposed ordinance.
Planning & Zoning Board: At its meeting of October 17, 2005 the Board recommended approval of the
proposed Ordinance with the following condition:
1. In addition to estimated construction cost per space, land costs, to be calculated using the cost
per square foot at the time of purchase of the property by the Governmental agency multiplied by
378 square feet per space (the approximate size of a parking space with associated drive aisles).
Move approval of Ordinance 79-05 by adopting the findings of fact and law contained in the staff report,
and finding that the proposed Ordinance 79-05, and approval thereof, is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Alternate Ordinance 79-05
2
ORDINANCE NO. 79-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
APPENDIX "A" OF THE LAND DEVELOPMENT
REGULATIONS. BY ADDING DEFINITIONS OF A PUBLIC
PARKING FACILITY AND PROGRAMMED PUBLIC
PARKING FACILITY; AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES" BY CREATING A
NEW SUBSECTION 4.6.9(E)(4), "PARKING FACILITY
PAYMENT" TO ESTABLISH ALTERNATIVE
PROVISIONS FOR ACCOMMODATING REQUIRED
PARKING, WHEN NOT PROVIDED ON-SITE,
PROVIDING FOR RENUMBERING; PROVIDING A
SAVINGS 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
October 17, 2005 and voted 6 to 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; and
WHEREAS, parking facilities in the City's downtown area have been identified as
a need in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and
Delray Beach Parking Master Plan;
WHEREAS, the governmental entities have either acquired property or are in the
process of acquiring property for public parking purposes;
WHEREAS, in order to address the need to provide public parking facilities and
assist financing said facilities, the requirement to provide parking on-site may be met by
providing a fee for each space not provided on-site in order to ensure sufficient parking
and to provide for parking in general;
WHEREAS, the Downtown Delray Beach Master Plan recommends the
implementation of the shared parking concept where possible and this public parking
program is part of this goal; and,
WHEREAS, shared parking allows business to develop and benefit the overall
economy without the creation of excessive unnecessary parking that erodes the urban
fabric, and provides a public benefit by allowing the public to use the parking spaces
during the day and evening.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" of the Land Development Regulations is hereby
amended to read as follows:
Public Parkina Facilitv: A parking lot or parking structure/garage that is owned
by a governmental agency or a partnership that includes a governmental entity,
which provides parking for the general public.
Proarammed Public Parkina Facilitv: A parking lot or parking structure that
has been identified in the City's Comprehensive Plan and/or as a potential site in
the City's Parking Master Plan, which will be constructed or owned by a
governmental entity or a partnership that includes a governmental entity, which
provides parking for the general public.
Section 2. That Article 4.6, "Supplemental District Regulations", of the Land
Development Regulations is hereby amended by amending 4.6.9(E), "Location of
Parking Spaces", to create a new subsection and renumber section 4.6.9(E)(4) to read
as follows:
(4) Public Parkina Fee: When parkino re~uirements are applied to new development.
in-fill development, from a chanoe of use, or addino floor space to an existino buildino:
the City Commission may approve the pavment of a fee towards the construction of a
public parkino structure in-lieu of providino such re~uired parkino on-site. This option
cannot be utilized in coniunction with the In-Lieu Fee provisions of subsection
4.6.9(E)(3) or Section 4.6.9(B)(4), where private land is acouired by a oovernmental
entitv for parkino or park purposes.
a) For properties located within 600' of a proorammed public parkino facility.
excludino propertv zoned CBD and/or CBD-RC, an alternative to providino all the
reouired parkino on-site is to contribute towards the construction of the Darkino
facility. TAe cost 13m space ,,:ill be determines Based UBen the Cit'l's estimated
2
ORD. 79-05
canstrustien oost ef tAe BaFkiRa stNstl:lre setermiRes at tAe time tAat tRe
develeBment r-eseives site Blan aDBreval, if tAe Bar~ina strl,lstl,lr-e Aas not Been
constrl,lsted, ans tAe actl:lal sest of tAe land tAat will santain tAe BroOFammes
public Barkina fasilit'l. WAen a pr-oar-ammed Bl,lBlis parkina facility Aas been
construstes or is l,lnser constNstion, tAe Bublic Barkino fee 'fIill be Bases l,ll3en
the aetl,lal sost of senGtNstien. The cost per space shall be based upon the
location of the property for which the public parkino fee is beino souoht. Area
descriptions and correspondino fee amounts are hereby established as follows: If
for whatever reason the public parkino does not oet built the City shall retain the
fee to provide parkino or parkino maintenance in the ouadrant of the City where
the development is located.
(1) Area 1: Parcels located east of Swinton Avenue and South Dixie Hiohway-
~18.000 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dixie
Highway - $16,000 per space.
b) The Public Parkino Fee is limited to no more than 25% of the total re~uired
parkino of a development not to exceed 10% of the total number of parkino
spaces associated with the Proorammed Public Parkino Facility. Within a
Proorammed Public Parkino Facility, a maximum of 25% of the total number of
parkino spaces provided within the Facility are available to the Public Parkino
Fee Prooram.
c) When a proorammed public parkino facility is not anticipated to be constructed
within three (3) vears of site plan approval of the proposed development. a
buildino permit will not be issued unless the proposed development constructs
additional on-street parkino within the rioht-of-way adiacent to the development
eouatino to 75% of the total number of spaces subiect to the Public Parkino Fee.
d) Where ade~uate rioht-of-way exists adiacent to the proposed proiect for which
the fee has been approved, the applicant must construct additional on-street
parkino. not to exceed the total amount of spaces subiect to the fee unless
authorized bv the City Commission. The applicant will be credited UP to one-half
of a parkino space for each full parkino space constructed within public rioht-of-
way. (For example. the applicant re~uests to pay the public parkino fee on 4
spaces: the applicant constructs 4 spaces in the rioht-of-way: the applicant must
only pay the public parkino fee for 2 spaces). Creditino of spaces constructed in
the rioht-of-way resultino in a fraction shall be rounded down.
3
ORD. 79-05
e) All re~uired residential and ouest parkino spaces associated with a development
and re~uired ouest room parkino for hotels. motels. residential-type inns, bed and
breakfasts, and similar uses must be provided on-site.
f) The public parkino fee must be paid in full upon issuance of a buildino permit.
g) The Director of Plannino and Zonino or desionee shall maintain a record of the
developments that utilize the Public Parkino Fee Prooram and the number of
spaces allocated to the prooram for each Proorammed Public Parkino Facility.
h) The operatino hours of the Proorammed Public Parkino Facility are at the sole
discretion of the oovernmental entitv that owns the facility, and shall not be
affected by parkino spaces intended for commercial tenants of the development.
i) The Public Parkino Fee amount shall be reviewed at a minimum every two (2)
years and the fee adiusted as warranted.
(4Q) Off-Site Parkina: In instances where uses do not have sufficient space to
accommodate customer and employee parking demands, parking requirements may be
provided off-site in accordance with the following:
(a) Normal ODerations: Parking for day-to-day operation may be provided on
other property within three hundred feet (300') provided that both properties are
of the same general type of zone designation (I.e. commercial, industrial, office,
etc.) or when the off-site parking site is zoned CF and a conditional use
approval for use as a parking lot has been approved, and when in compliance
with, and pursuant to, the following:
(1) The 300' distance shall be measured along an acceptable pedestrian
route;
(2) Approval of such off-site parking may be granted by the body which has
approval authority of the related site and development plan;
(3) An agreement providing an easement for such use is prepared pursuant
to Subsection (E)(5) and is recorded prior to certification of the site and
development plan;
(4) The provision of the parking easement shall not diminish the ability of the
property upon which it is placed, to accommodate its required parking.
4
ORD. 79-05
(b) Special Events/Facilities; In instances where uses and/or facilities have
large parking demands/requirements and which are otherwise subject to
conditional use approval (e.g. stadiums, places of assembly, community and civic
centers, recreational areas, etc.) such parking may be provided off-site in
accordance with the following.
(1) Approval of such off-site parking may be granted by the body which has
approval authority of the related conditional use.
(2) A parking and transportation plan must be presented in order to obtain
such approval. The plan must identify parking areas and demonstrate the
manner in which transportation to the use site, security, maintenance, and
related matters will be accommodated.
(3) Easements, agreements, or other appropriate legal documents which
assure continued availability of such parking shall be required as a part of the
parking and transportation plan.
(aQ) Off-Site Parkina Aareement: The owner of the alternate off-street parking
area, and the owner of the principal use or building (including the land on which it is
situated), shall enter into a written agreement with the City (in such form as may be
approved by the City Attorney), with enforcement running to the City, providing that the
land comprising the alternate off-street parking area shall never be disposed of except
in conjunction with the transfer or sale of the building which the parking area is intended
to serye, so long as the parking facilities are required. The owner agrees that such
agreement shall be in recordable form, the expense of recording to be borne by the
owner, and that the agreement shall constitute a covenant running with the land binding
upon the owners, heirs, administrators, successors, and assigns. The agreement shall
be recorded by the City Clerk. The agreement shall be released by the Commission at
such time as the alternate off-street parking facilities are no longer required or when the
owner provides other lawful off-street parking facilities. The owner shall bear the
expense of recording the release of the agreement.
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.
5
ORD. 79-05
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 , 2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
6
ORD. 79-05
ORRAY'EACH
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MEETING DATE:
SEPTEMBER 19, 2005
IV.F - PRIVATELY-INITIATED AMENDMENT TO SECTION 4.6.9(E)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ESTABLISH A PUBLIC PARKING FEE.
AGENDA ITEM:
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations Section 4.6.9(E), pursuant to
LOR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The privately-initiated amendment to the Land Development Regulations has been
submitted by New Urban Communities
Adequate public parking has been identified as a significant need as the downtown area
redevelops. Parking facilities in the City's downtown area have been identified as a need
in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and the proposed
Parking Master Plan. Governmental entities have either acquired property or are in the
process of acquiring property for public parking purposes. In order to address the need to
provide public parking facilities and assist funding said facilities, the proposed amendment
will allow the payment of a fee for each parking space not provided on-site of a proposed
development which is located within 600' of a proposed municipal parking facility. The
proposed 600' distance is the area of influence and represents the 5-minute walking
distance discussed in the Downtown Master Plan, and is the distance a person will
normally walk from a parking facility to their destination. The intent of this amendment is to
provide property owners an incentive to assist a governmental entity in the construction of
a public parking facility in a manner that is mutually beneficial. The proposed amendment
also provides a definition of "Public Parking Facility" and "Programmed Public Parking
Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood by
creating a parking deficiency adjacent to the development, the maximum number of
parking spaces subject to the public parking fee is limited to 25% of the total number of
required parking spaces for the development. Additionally, if the public parking facility is
not scheduled to be constructed within three (3) years of site plan approval for the
development, a minimum of 75% of the parking spaces subject to fees must be
constructed in the right-of-way adjacent to the development. These parking spaces will be
??
Planning and Zoning Board Staff Report
LDR Amendment - Public Parking Fee
Page 2
available to the general public and may not be reserved or dedicated to the proposed
development.
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings),
in addition to LOR 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 and the following applicable objectives and policies are noted:
Future Land Use E/ement Obiective C-4
The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South
Florida". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policv C-4.1: The Centra/ Business District (CBD) zoning
district regulations shall facilitate and encourage rehabilitation and revitalization and shall,
at a minimum, address the following:
. .. .accommodating parking needs through innovative actions.
The major impediments to providing public parking facilities are construction costs and
adequate land to accommodate the structure. As land values and construction costs rise,
achieving the goal of providing public parking facilities becomes more difficult. In order to
assist and potentially expedite the construction of these needed facilities, consideration
should be given to providing private development with the means to contribute toward the
construction costs. The proposed amendment provides an innovative approach to address
the City's parking needs in a manner that is consistent with the shared parking concepts
outlined in the City's Downtown Delray Beach Master Plan.
Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between /-95 and A-1A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community-by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including in fill development, neighborhood parks, shared parking, public
art, the roadway and alley systems, marketing/economic development, and the need to
modify the Land Development Regulations to include design guidelines to retain the
character of De/ray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
The Downtown Master Plan identifies a preponderance of surface parking lots throughout
the downtown, noting how such lots damage the pedestrian oriented environment that the
City is striving to achieve. As an alternative to this inefficient utilization of land the plan
promotes the creation of centralized, shared parking facilities in lieu of separate surface
Planning and Zoning Board Staff Report
LOR Amendmenl- Public Parking Fee
Page 3
lots serying individual businesses. One way to achieve that objective and to help pay the
costs of structured parking is to allow developers the option to contribute to the
construction of facilities that are in the vicinity of their property, instead of providing all of
the required parking on site.
It is noted that the Downtown Master Plan encompasses the CBD as well as the
surrounding commercial areas and neighborhoods, between N.E.lN.W. 4th Streets and
S.E.lS.W. 4th Streets. As the downtown area continues to redevelop, opportunities should
be made available for nonresidential properties adjacent to the CBD to contribute to the
proposed payment program.
Future Land Use Element Policv C-4.3: The City shall be the lead agency in pursuing
the construction and operation of tiered parking structures and mixed uses in the CBD.
Locations offaci/ities shall follow the CBD Development Plan required through Policy 4.2.
As discussed above under Future Land Use Element Policy C-4.1, the proposed
amendment will assist the City in providing another funding option to construct tiered
parking structures in the downtown area, which has been identified as a need.
Delrav Beach Parkina Master Plan:
The City's proposed Parking Master Plan has been created to address the parking
challenges that exist in the City's downtown area. The Plan identifies the parking inventory;
parking needs in the three geographical areas of the City's downtown (West Atlantic
Neighborhood, Central Core District, Beach Area); potential sites which could
accommodate parking structures; and potential funding sources. The proposed text
amendment offers another potential funding source that should be considered.
Although based upon the above, the proposed text amendment is consistent with and
furthers Goals, Objectives and Policies of the Comprehensive Plan, it is inconsistent with
recent modifications to the In-Lieu of Parking Program which restrict new development
from requesting in-lieu of parking spaces. LDR Section 4.6.9(E)(3) states "before granting
approval of in-lieu spaces the City Commission must find that it is impossible or
inappropriate to provide the required number of spaces on-site / off-street." Through the
adoption of Ordinance 74-04, several Boards, and the City Commission, deemed it both
possible and appropriate for new development to provide all required parking on-site / off-
street.
-
Downtown Development Authority (DDA): At their meeting of September 8, 2005 the
Board conceptually approved the proposed amendment agreeing that some of the
concerns presented by Staff needed to be addressed. The Board requested that the item
be brought back to their October 10, 2005 meeting for further review.
Planning and Zoning Board Staff Report
LOR Amendment - Public Parking Fee
Page 4
Chamber of Comrnerce Local Government Affairs Committee: The item was
presented to the Board at their meeting of September 9, 2005. No significant discussion
was held regarding the proposal.
West Atlantic Redevelopment Coalition (WARC): At their meeting of September 14,
2005 the Board recommended a continuance of the item to enable the board members
ample opportunity to review the proposal.
Community Redevelopment Agency (CRA): At their meeting of September 8, 2005 the
Board declined to formulate any recommendations given the limited opportunity to review
the entire proposal. At a special meeting held on September 16, 2005 the Board
consensus was to recommend approval of the ordinance with the following conditions:
1. Land costs should be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed
3. No long term maintenance contributions should be required
4. All required residential and guest parking must be provided on-site; and
5. Garage operating hours are at the discretion of the City and shall not be affected
by parking spaces intended for commercial tenants of the development.
Parking Management Advisory Board (PMAB): This proposal will be presented to the
PMAB at their meeting of September 27,2005
Courtesy Notices:
Courtesy Notices were provided to the following Civic Associations:
. PROD (Progressive Residents of Delray)
. President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
1. Continue with direction.
2. Recommend approval of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
3. Recommend denial of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E) by adopting the findings of fact and law
contained in the staff report and finding that the request is inconsistent with the
Planning and Zoning Board Staff Report
LDR Amendment - Public Parking Fee
Page 5
Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
4. Recommend approval of the attached amendment to the Land Oevelopment
Regulations (LORs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations subject to the following conditions:
>- Whether the facility is planned, constructed or under construction, the fee
shall include land costs for each space with associated drive aisles (378 sq.
ft.) of the current appraised value of the land of the proposed development at
the time of approval of the parking fee;
>- Credit towards required parking for the development will not be given for
parking spaces constructed in the right-of-way, adjacent to the development,
which are required to meet performance or development standards;
>- Pro-rated maintenance fees for the parking facility should be provided by the
Home Owners Association and/or Commercial Tenants through a
"Maintenance Fee Agreement." Annual fees would be based on direct
maintenance costs from the previous year. If in the future the City, at its sole
discretion, adopts a policy to charge regular parking fees in the facility all
maintenance agreements would be discontinued, as parking revenue would
cover future maintenance expenses;
>- All required residential and guest parking spaces in mixed use developments
are to be provided on-site; and
>- Garage operating hours are at the discretion of the City and shall not be
affected by parking spaces intended for commercial tenants of the
development.
Continue the item to allow other boards sufficient time to review the proposal and forward
their recommendations.
Attachment: Proposed Ordinance
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100
ANNOUNCEMENTS
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LEGAL NOTICES
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NOTlCEOFIlt.al:IIEMIIG
A PUBLIC HEl\AING will be held 011 lhe
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lEGAL NOTICES
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0R0lNANCE NO. 79-05
AN ORDINANCE OF THE CITY COM-
MISSION Of TI-lE CITY OF OELRAY
B€ACH,R..QflIOA.AMENOINGAPPEN_
DIX "A" OF THE lAND OEVELOPM8n
REGULATIONS, BY ADDING WlNI-
TlONS OF A PUBLIC PARKING FACILI-
TY AND PROGRAMMED PUBLIC
PAFlKING FAC1LIlY: AMENDING SEC-
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LEGAL NOnCES
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ALTERNATIVE PROVISIONS FOR
ACCOMMODATING AEUUIAED PARK.
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PROVIDING FOR RENUMBERING
PROVIDING A SAVING CLAUSE. A
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ANEFFECTlVEDATE
ORDlNANCENO.1IO-05
AN ORDltWlCl: OF THE CITY COM-
MISSION OF niE CITY OF OB.RAY
BEACH. A...ORIDA REZONING AND
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----QID-I
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LEGAL NOnCES
AVtNU~. A:> Ml.!ti~ r'AHIlt;ULAHLY
DESCRIBED HEREIN: AMENDING
"ZONING MAP OF DEl.RAY BEACH.
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AN ORDINANCE OF lllE CITY COM-
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REPEALER CLAUSE, A SAVING
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lIRDltWfCE NO. 113-05
AN ORDINANCE OF niE CITY COM-
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CITVl)'oaRAYBEAOl
CllevelleO.NublIl
City Clerk
PUBLISH: Thurs..Oecember22.2005
IlociIRiltonltlelraylleachNews
Mt126178