Ord 53-02ORDINANCE NO. 53-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES",
OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED
IN LIEU OF PARKING REGULATIONS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
public interest
OSSHAD and
WHEREAS, the City Commission has determined that in lieu of fees serve the
by contributing toward relieving the parking problem in the City's CBD, CBD-RC,
GC (West Atlantic Avenue Overlay) zoning districts;
WHEREAS, the City Commission has determined that the amount of in lieu of fees
paid for a particular property should be based upon the location of the property for which in lieu of
fees are sought; and
WHEREAS, the City Commission has determined that funds from the in lieu of fees
shall be used for parking purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DF.!.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Artide 4.6, "Supplemental
District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.90S),
"Location of Parking Spaces", of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Location of Pa~king 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. The
terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the
requirements of Section 4.6.9(E)(3)(e), the cost of construction of additional on-street public parking
may be used to offset the total dollar amount due under an in-lieu fee agreement with the City..
(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).
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number
of on-site or off-site .parking spaces, the City Commission may approve the payment of a fee in lieu
of providing such required parking, pursuant to the following provisions:
The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD
and GC (West Atlantic Avenue Overhy District) zoning districts in
compliance with the supplemental district regulations provisions
therein.
........... j ............ ~..,....., ~... ov .... 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 ate being soug~ht. Area
descriptions and corresponding fee amounts are hereby established as
follows:
0)
Area 1: Parcels located east of the Intracoastal Waterway
which are zoned CBD - $14.000 per space.
(2)
Area 2: Parcels located west of the Intracoastal Waterway
which are zoned CBD or CBD-RC and which are not included
within the Pineapple Grove Main Street area - $12.000 per
space,
(3)
Area 3: Parcels located within the OSSHAD zoning district
and parcels located within the Pineapple Grove Main Street
area which are zoned CBD or CBD-RC - $6.000 per space.
Parceb located within the West Atlantic Avenue Overlay
District which are zoned GC - $4.000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
For those parcels located in Area 1 or Area 2, the in-lieu fee shall be
paM in full at the time of submission of a building permit application.
For those parcels located in Area 3 or Area 4. the in-lieu fee may be
paid in full at the time of submission of a building permit application
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. Such agreement .qhali be recorded with the
Public Records Office of Palm Beach County, Florida. The
2 ORD. NO. 53-02
obligations imposed by such an In-Lieu of Parking Fee A~eement
constitute a restrictive covenant upon a property., and shall bind
successors, heirs ~nd 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 A~eements shall
only be made between the City and the Owner(s) of the subject
property. If an In-Lieu of Parking Fee A~eement 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 s'~gning the a~eement. The second installment
shall be 25% of the total fee and is due on the second anniversary
d~te. of the s'~lgning of the a~eement. The third and final payment of
25% of the total fee is due on the third anniversary date of the
sitrnin~ of the aereement. There shall be no interest due under this
payment sc e e
.........
1'"'"' .....
.;~--1-: .....,.
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 ~o in-lieu
fees unless authorized by the City. Commission. The total in-lieu fee
due shall be reduced by an amount equal to the actual construction
costs, but in no event to exceed total in-lieu fees for these on-street
spaces including street lighting. Additional credit, not to exceed 10%
of the total fee, may be taken for the actual construction costs of
approved streetscape beautification elements in the public
right-of-way. Bea~$tficafion improvements may indude, but are not
limited tO, paverbrick walk'ways, street furniture and landscaping.
Credit may not be token for those streetscape elements listed in
Section 4.4.13 (I) (2) (f) which are required to meet the performance
standards for new developments in the CBD which exceed 30
dwelling units per acre. Neither credit for construction of on-street
spaces, nor credit for construction of beautification elements shall be
reimbursed until such construction has been fully completed.
3 ORD. NO. 53-02
Section 2. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
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 this ordinance shall become effective mediately upon its
passage on second and final reading.
Section 5. That this ordinance applies for all in-lieu fees from the date of
passage of this ordinance and shall also apply to all in-lieu parking fee agreements entered into prior
to the effective date of this ordinance and all in-lieu fees owing to the City under those agreements
shall be paid as set forth in this ordinance and in the in-lieu parking fee agreements.
the 7
PASS~_D AND .ADOPTED in regul,t session on second and final reading on this
day of ~_ ,200~.
ATTEST:
City Clerk
Seco a
MAYOR
4 ORD. NO. 53-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \x.) k~r . REGULAR MEETING OF JANUARY 7, 2003
ORDINANCE NO. $3-02 (AMENDING ORDINANCE NO. 4-99)
JANUARY 3, 2003
This ordinance is before Commission for second reading to modify Ordinance No. 4-99, which
provided for fees and payment plans regarding in-lieu parking spaces and included a sunset provision
regarding reevaluation of the ordinance. Ordinance No. 53-02 continues the existing m-lieu parking
fees and payment plans, but does not include the sunset provision
At the first reading on December 3, 2002, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 53-02 on second and final reading.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord.53.02 1 07.03
£1TY OF OELRI:I¥ gEl:ICH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect L~ne 561/243-7091
1993 DATE:
MEMORANDUM
November 20, 2002
TO: City Commission
~.,,.. _
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: In-Lieu Parkinq Fee Ordinance
Ordinance No. 4-99 was enacted by the Commission on February 2, 1999. This
ordinance provided for certain fees and payment plans regarding in-lieu parking
spaces. This ordinance also contained a sunset provision. The sunset provision
was included as it was felt that this ordinance should be reevaluated at a future
time to determine if the in-lieu fee option would still be needed as a redevelopment
incentive. Although redevelopment has occurred, City staff still feels that the in-
lieu fee option is still needed.
Ordinance No. 53~02 is exactly the same as Ordinance No. 4-99, but, does not
include a sunset provision.
By copy of this memo to David Harden, our office is requesting that this item be
placed on the December 3, 2002 City Commission agenda. Please call if you
have any questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Paul Dorling, Director of Planning & Zoning
ORDINANCE NO. 53-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION 4.6.90S), "LOCATION OF PARKING SPACES",
OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED
IN LIEU OF PARKING REGULATIONS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
public interest
OSSHAD and
WHEREAS, the City Commission has determined that in lieu of fees serve the
by contributing toward relieving the parking problem in the City's CBD, CBD-RC,
GC (West Atlantic Avenue Overlay) zoning districts;
WHEREAS, the City Commission has determined that the amount of in lieu of fees
paid for a particular property should be based upon the location of the property for which in lieu of
fees are sought; and
WHEREAS, the City Commission has determined that funds from the in lieu of fees
shall be used for parking purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental
District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.90S),
"Location of Parking Spaces", 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 fight-of-way, or parking
located in public parking facilities shall not be used to satisfy on-site parking requirements. The
terms "on-site parking" and "off-street parking" are synonymous. However. pursuant to the
requirements of Section 4.6.9(E)(3)(e). the cost of construction of additional on-street public parking
may be used to offset the total dollar amount due under an in-lieu fee agreement with the City.
(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).
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number
of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in lieu
of providing such required parking, pmsuant to the following provisions:
The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD
and GC (West Atlantic Avenue Overlay District) zoning districts in
compliance with the supplemental distdct regulations provisions
therein.
(b)
........... ~,,~,y ,.o~., ....... ,,, ~,,,,,v,, t,,~ apace, rran ements r
payment shall be approved by the City Commission at the time of the
approval of the in-lieu fee. The fee mount 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:
(1) Area 1: Parcels located east of the Intracoastal Waterway
which are zoned CBD - $14.000 per space.
Area 2: Parcels located west of the Intracoastal Waterway
which are zoned CBD or CBD-RC and which are not included
within the Pineapple Grove Main Street area - $12.000 per
space.
(3)
Area 3: Parcels 10¢ated within the OSSHAD zonine district
and parcels located within the Pineapple Grove Main Street
area which are zoned CBD or CBD-RC - $6.000 per space.
(4) Parcels located within the West Atlantic Avenue Overlay
District which gte zoned GC - $4.000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
For those parcel~ located in Area 1 or Area 2. the in-lieu fee shall be
paid in full at the time of submission of a building permit application.
For those parcels located in Area 3 or Area 4. the in-lieu fee may be
paid in ~11 at the time of submission of a building permit application
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. Such agreement shall be recorded with the
Public Records Office of Palm Beach County, Florida. The
2 ORD. 53-02
obliga~ tions imposed by such an In-Lieu of Parking Fee A~eement
constitute a restrictive covenant upon a property, and shall bind
successors, heirs and ass'~mns. The restrictive covenant shall be
released upon full payment of the in-lieu parking fees including
attorneys' fees and costs. In-Liep 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,
inst~ilment 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 s'~mning the a~eement. The second installment
shall be 25% of the total fee and is due on the second anniversary
date of the s'~mmng of the agreement. The third and final payment of
25% of the total fee is due on the third anniversary date of the
s'~mning of the a~eement. There shall be no interest due under this
In addition to in-lieu fees due. where adequate right-of-way exists
adiacent to a proposed pro!ect 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 sub!ect to in-lieu
fees unless authorized by the City Commission. The total in-lieu fee
due shall be reduced by an amount equal to the actual construction
costs, but in no event to exceed total in-lieu fees for these on-street
spaces including street lighting. Additional credit,_ not to exceed 10%
of the total fee. may be taken for the actual construction costs of
approved streetscape beautification elements in the public
right-of-way. Beautification improvements may include, but axe not
limited to, paverbrick walkways, street furniture and landscaping.
Credit may not be taken for those streetscape elements listed in
Section 4.4.13 0) (2) (f) which are required to meet the performance
standards for new developments in the CBD which exceed 30
dwelling !mits per acre. Neither credit for construction of on-street
spaces, nor credit for construction of beautification elements shall be
reimbursed until such construction has been fully completed.
3 ORD. 53-02
Section 2. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
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 pa~t thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective mediately upon its
passage on second and final reading.
Section 5. That this ordinance applies for all in-lieu fees from the date of
passage of this ordinance and shall also apply to all in-lieu parking fee agreements entered into prior
to the effective date of this ordinance and all m-lieu fees owing to the City under those agreements
shall be paid as set forth in this ordinance and in the in-lieu parking fee agreements.
the
PASSED AND ADOPTED in reguhr session on second and final reading on this
__ day of ,2002.
MAYOR
ATTEST:
city Clerk
First Keading
Second Reading
4 ORD. 53-02
It,
OR