Ord No. 15-17 ORDINANCE NO. 15-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH;
ARTICLE BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(E)(3), "IN LIEU FEES" TO REVISE
i
THE IN LIEU FEE AREAS TO MATCH THE CORRESPONDING MAP
AND TO REMOVE THE FEES TO BE ADOPTED BY RESOLUTION;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, the City desires to change the Land Development Regulations to amend the In Lieu Fee
area descriptions to match the corresponding map;and
WHEREAS, pursuant to LDR Section 1.1.6. the Planning and Zoning Board reviewed these
amendments at a public hearing held on March 20,2017 and voted 4-1 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; and
WHEREAS, the City Commission, of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report;and
WHEERAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan and is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.6.9, "Off-street Parking Regulations", Subsection (E)(3), "In Lieu Fee",
of the Land Development Regulations of the City of Delray Beach, Florida, 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 requitement to provide new parking or
additional parking, have the option of requesting some of the parking spaces to be approved by the City
Cornimssion though the payment in lieu of parking program. Required parking for exclusively residential
C
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 and OSSHAD Zoning Districts, in compliance with
the Supplemental District Regulations provisions therein., and shall be established by the City
Commission through a resolution.
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 are hereby established as
follows: (See corresponding map, "In Lieu Fee Areas").
1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD and parcels
located west of the Intracoastal Waterway which are zoned CBD and which front East Atlantic
Avenue as illustrated in the "In Lieu Fee Areas" map)
taa a,. 4 ra e..
(OSSHAD)D) $23 660 pei!spaee.
2) Area 2: Parcels located within the OSSHAD zoning district, RST except for those parcels
which front East Atlantic Avenue (as illustrated in the "In Lieu Fee Areas" map), and parcels
located within the Pineapple Grove Main Street area which are zoned CBD. $10,140 pell
spa e-e.
3) Area 3: Parcels located within the West Atlantic Neighborhood which are zoned CBD. -x$4,608
per-spaee.
4) Area 4: Parcels located south of NE 4f Street, east of the north/ south alley between NE 2nd
and NE 3rd Avenues, north of NE 3rd Street, and west of the FEC Railroad that are zoned
CBD. $4,600 per spaee.
5) Area 5: Parcels located south of SE 2nd Street, east of Swinton Avenue, north of SE 7h Street
and west of SE 3rd Avenue that are zoned CBD.-�$4,680 der spa-ee.
Section 3. That should any section or provision of this ordinance, or any paragraph, sentence, or
word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid
2
ORD. NO. 15-17
i
. _ - _
----
.....
Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this 2nd day of May,
2017.
Cary Glickstein,Mayor
ATTEST:
City Clerk "?7
First Reading: A-Pril 18, 2017
Second Reading: May2, 2017
�I
I
3
ORD. NO. 15-17