Ord 03-06
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ORDINANCE NO. 3-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS",
SUBSECTION (C), "NUMBER OF PARKING SPACES
REQUIRED", PARAGRAPH (8)(A), "SHARED
PARKING", TO ESTABLISH STANDARDS FOR
RESERVED SPACES FOR MIXED USE
DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on December 19,
2005, and voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuantto Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C),
"Number of Parking Spaces Required", Paragraph (8)(a), "Shared Parking", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
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/''1
(8) Multiple Uses:
(a) Shared Parking: When a building or combination of buildings on a unified site is
used for both residential and commercial purposes, and is located with the CBD, GC, or
PC zoning district, the minimum total number of required parking spaces shall be
determined by the following method:
Multiply the required parking spaces for each individual use by the appropriate
percentage listed in the table below for each of the designated time periods. Add the
resulting minimum required spaces in each of the five vertical columns for the table.
The minimum total parking requirement is the highest sum of the vertical columns.
Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC and PC zoning districts
0 10% 0 40% 0 100% 0 80% 0 100% 0
0 100% 0 100% 0 100% 0 100% 0 100% 0
TOTALS 0 0 0 0 0 0
2
ORD. NO. 3-06
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For mixed use developments utilizino the shared parkino calculations table. which
contain both residential and non-residential uses. a minimum of one (1) parkino space
shall be reserved for each residential unit. These reserved spaces. or anv spaces
reserved for other uses. must be included in the "other" cateoorv and applied as 100%
utilization. Furthermore. subsequent to the issuance of a Certificate of Occupancy (CO)
the reservation of additional parkino spaces will require a site plan modification and be
subiect to the provision of the minimum parkino requirements.
For projects appro'9~ed using this methodology, any assignment of parking spaces to
iAdividual residential or non residential uses shall require approval of the roviewing
80aFd.
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.
, -PASSED AND ADOPTED in regular session on second and final reading on this
the ~ay of ~~) ,200~.
ATTEST
ro/#, JA ~
~~S2. \0.~..-: ,
City Clerk
First Reading \\ ~ \~
Second Reading ,\ y\ \~
" "
3
ORD. NO. 3-06
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER~
AGENDA ITEM # \ <::> ~ - REGULAR MEETING OF JANUARY 17, 2006
ORDINANCE NO. 3-06 (AMENDMENT TO LAND DEVELOPMENT
REGULATIONS 4.6.9, "OFF STREET PARKING REGULATIONS")
JANUARY 13, 2006
TO:
SUBJECT:
DATE:
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR), 4.6.9, "Off-Street Parking Regulations", Subsection
4.6.9(C), "Number of Parking Spaces Required", for the reservation of one (1) parking space per
residential unit in mixed-use developments utilizing the shared parking tables.
Staff has been concerned over the last several years that residents in mixed-use developments should not
have to compete with guests, or employees and customers of the non-residential uses, in mixed-use
developments. An additional concern has been that subsequent to the issuance of a Certificate of
Occupancy, spaces for residents have been reserved, thus skewing the available spaces for other uses in the
development and potentially creating a deficiency of available spaces. This is an issue because the shared
parking table allows for a reduction in the number of required spaces. If spaces are reserved, these spaces
should not be subject to a reduction as they are not available for other uses. In absence of this text
amendment, Staff has been imposing this requirement as a condition of approval for all mixed-use
developments. A developer's recent reluctance to provide the requested reserved residential spaces has
predicated this proposed text amendment.
The text amendment will require mixed-use projects, with a residential component, that propose utilization
of the optional shared parking calculations, to reserve one (1) parking space per residential unit.
The proposed amendment was reviewed and approved as follows:
Parking Management Advisory Board (PMAB)
Community Redevelopment Agency (CRA)
Downtown Development Authority (DDA)
Pineapple Grove Main Street Board
West Atlantic Redevelopment Coalition (WARC)
October 15, 2005
November 11, 2005
November 14,2005
December 7, 2005
December 13, 2005
The Planning and Zoning Board held a public hearing at its meeting of December 19, 2005. There was no
public testimony. The Board voted 6-0 to recommend to the City Commission approval of the proposed
amendment. Staff recommends approval by adopting the findings of fact and law contained in the staff
report; finding that the request is consistent with the Comprehensive Plan; and finding that the request
meets the criteria set forth in the Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to
Land Development Regulations).
At the first reading on January 3, 2006, the City Commission passed Ordinance No. 3-06.
Recommend approval of Ordinance No. 3-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 3-06 LDR 469C Shared Parking Tables 011706
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Planning & Zoning Department
MEMORANDUM
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FROM:
DATE:
OrJrd
pa~ Dorlin Direct
~ffknson I P
January 17, 2006
of Planning & Zoning
TO:
THRU:
RE: Supplemental Information For Ordinance 3-06
At the City Commission meeting of January 3, 2006, Staff was directed to provide various
scenarios demonstrating how the reservation of one parking space per residential unit in mixed
use developments affects the total number of parking spaces required.
Attached for your review are three (3) scenarios, summarized below:
Shared Shared Additional
Required Parking Parking Parking
If Shared Without With Required If
Development Parking Reserved Reserved One Space is
Project Name Components Not Used Spaces Spaces Reserved
20,841 sq. ft. Retail;
5,361 sq. ft. Office;
3,007 sq. ft. Restaurant;
The Strand 134 Dwellina Units 346 296 309 13
5th Ave. Townhomes 10,441 sq. ft. Retail
47 Dwellinq Units 148 133 138 5
2,509 sq. ft. Office
1,048 sq. ft. Retail
Fifth Avenue Flats 12 Dwellina Units 40 29 33 4
The chart shows the development name and the various uses incorporated therein. The first
column relating to parking, (column 3), shows what the required parking would be if the shared
parking table was not available. This information is provided to demonstrate the reductions in
required parking afforded by utilizing the shared parking table. The fourth and fifth columns
show the required parking with and without providing one (1) reserved space per dwelling unit,
utilizing the shared parking tables. The last column shows the number of additional spaces
required when reserving one (1) parking space per residential unit.
It is noted that the trend for the larger developments has been to provide parking in tiered
structures (garages / multi-level decks). The smaller developments tend to provide the parking
interior to the sites. In either case the "sea of asphalt" referred to in the Downtown Master Plan
is not as prevalent.
Considering the marginal impact the reservation of one (1) parking space per residential unit
creates, along with the significant benefit to future residents, Staff recommends approval of
Ordinance 3-06.
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TIID T. HARDEN, CITY MANAGER
PA~RLlNG, DI < CTOR OF PLANNING & ZONING
~RON~ON, P RKING MANAGEMENT SPECIALIST
MEETING OF JANUARY 3, 2006 - REGULAR AGENDA
APPROVAL OF ORDINANCE 3-06, AMENDING SECTION 4.6.9(C) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS FOR THE RESERVATION OF
ONE (1) PARKING SPACE PER RESIDENTIAL UNIT IN MIXED USE
DEVELOPMENTS UTILIZING THE SHARED PARKING TABLES
TO:
THRU:
FROM:
SUBJECT:
Staff has been concerned over the last several years that residents in mixed use developments should not have
to compete with guests, or employees and customers of the non-residential uses, in mixed use developments. An
additional concern has been that subsequent to the issuance of a Certificate of Occupancy, spaces for residents
have been reserved, thus, skewing the available spaces for other uses in the development and potentially
creating a deficiency of available spaces. This is an issue because the shared parking table allows for a reduction
in the number of required spaces. If spaces are reserved, these spaces should not be subject to a reduction as
they are not available for other uses. In absence of this text amendment, Staff has been imposing this
requirement as a condition of approval for all mixed use developments. A developer's recent reluctance to provide
the requested reserved residential spaces has predicated this proposed text amendment.
Attached for your review is a City-initiated text amendment which will require mixed use projects, with a residential
component, that propose utilization of the optional shared parking calculations, to reserve one (1) parking space
per residential unit. Section 4.6.9(C)(8)(a) provides a means for mixed use projects located in the CBD, GC and
PC zoning districts to use the shared parking worksheet to calculate their required parking. The worksheet
accounts for the peak utilization of parking for various uses in mixed use projects (see below).
The attached ordinance requires that a minimum of one (1) parking space per residential unit, or any spaces
reserved for any other use, is placed in the "other" category which is calculated at a utilization rate of 100%.
Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC and PC zoning districts
Weekday Weekend
Night Day Evening Day Evening
Midnight to 9AMto 6 PM to 9AMto 6 PM to
Use Required 6AM 4PM Midni(; ht 4PM Midniaht
Residential (Additional/Guest) 0 100% 0 60% 0 90% 0 80% 0 90% 0
Office 0 5% 0 100% 0 10% 0 10% 0 5% 0
Commercial/Retail 0 5% 0 70% 0 90% 0 100% 0 70% 0
Hotel 0 80% 0 80% 0 100% 0 80% 0 100% 0
Restaurant 0 10% 0 50% 0 100% 0 50% 0 100% 0
Entertainment/Recreational
(theatres, bowline allevs, etc) 0 10% 0 40% 0 100% 0 80% 0 100% 0
Other 0 100% 0 100% 0 100% 0 100% 0 100% 0
TOTALS 0 0 0 0 0 0
\~~
City Commission Staff Report
LDR Text Amendment To Section 4.6.9(C)
Modifying the Utilization of the Shared Parking Tables
Page 2
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. Objective A-5
of the Future Land Use Element states ''The City shall maintain its Land Development Regulations, which shall be
regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit
developments (PUD), Mixed-use developments, and other innovative development practices". The proposed
amendment updates the provision for shared parking applied for mixed-use developments, and is consistent with
this objective of the City of Delray Beach Comprehensive Plan.
Parking Management Advisory Board (PMAB): At its meeting of October 15, 2005 the Board unanimously
recommended approval of the proposed amendment.
Community Redevelopment Agency (CRA): At its meeting of November 11, 2005, the Board unanimously
recommended approval of the proposed amendment.
Downtown Development Authority (DDA): At its meeting of November 14, 2005, the Board unanimously
recommended approval of the proposed amendment.
Pineapple Grove Main Street Board: At its meeting of December 7, 2005, the Board unanimously
recommended approval of the proposed amendment.
West Atlantic Redevelopment Coalition (WARC): At its meeting of December 13, 2005, the Board unanimously
recommended approval of the proposed amendment.
Planning & Zoning Board (P&z): At its meeting of December 19, 2005, the Board unanimously recommended
approval of the proposed amendment.
By motion, approve Ordinance 3-06 by adopting the findings of fact and law contained in the staff report, and
finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets
the criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Ordinance
ORDINANCE NO. 3-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS",
SUBSECTION (C), "NUMBER OF PARKING SPACES
REQUIRED", PARAGRAPH (8)(A), "SHARED
PARKING", TO ESTABLISH STANDARDS FOR
RESERVED SPACES FOR MIXED USE
DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on December 19,
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, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C),
"Number of Parking Spaces Required", Paragraph (8)(a), "Shared Parking", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
(8) Multiple Uses:
(a) Shared Parking: When a building or combination of buildings on a unified site is
used for both residential and commercial purposes, and is located with the CBD, GC, or
PC zoning district, the minimum total number of required parking spaces shall be
determined by the following method:
Multiply the required parking spaces for each individual use by the appropriate
percentage listed in the table below for each of the designated time periods. Add the
resulting minimum required spaces in each of the five vertical columns for the table.
The minimum total parking requirement is the highest sum of the vertical columns.
Shared Parking Calculations Table
Use for multiple use projects which include residentiai in CBD, GC and PC zoning districts
TOTALS
0 10% 0
0 100% 0
0 0
40% 0 100% 0 80% 0 100% 0
100% 0 1000/0 0 1000/0 0 100% 0
o 0 0 0
2
ORD. NO. 3-06
For mixed use developments utilizino the shared parkino calculations table. which
contain both residential and non-residential uses. a minimum of one (1) parkinQ space
shall be reserved for each residential unit. These reserved spaces. or any spaces
reserved for other uses. must be included in the "other" cateoorv and applied as 100%
utilization. Furthermore. subsequent to the issuance of a Certificate of Occupancv (CO)
the reservation of additional parkino spaces will require a site plan modification and be
subiect to the provision of the minimum parkinQ requirements.
For projects appro':ed using this methodology, any assignment of parking spaces to
individual residential or non rosidential uses shall roquire approval of the revie~.ving
Board.
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.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 3-06
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OF '!lEl.AA'(BEACl( 8'( M4E1IDlNG
S8)llON 9 "RUNNING AT
lARGE", IN ()lAfIlfYTHAT
DOGs UNDER ,mE
'OWNER'S Cr'. CONTROL
. W11ElHERTHEYARE'QNOR,Qff OF
THE. OW/lER'S' PRoPERlY. PROVID-
INGAGENERAl1lEPEAl.ER ClAUSE;
SAVING ClAUSE; AND AN EffECTIVE
'DAlE:' "",' ... '. ...... ..
I'Ie3SIl De aOV.seo Illat ria pe,..,.,
_'lD appeal any :decision /lllIde
by !heC!1YCOmmisSion with respect in
any I11lI1tor considered at these hear-
flOS. sUch person may;~ to ensure
that a VO!'lla!im record ilicludel; the Ios-
=~.~=.u~~~~
~=~~gJ{"OS"uch record.
CrrYOFOEl,RAYI!fACH
ChevelIe O.'Nubin
. . . CityClerk
pUBUSH: Friday, Janua,y 6,;1fJ06
~,~'W"'rayBeach News