Ord 42-06
ORDINANCE NO. 42-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES", SUBSECTION
4.6.9(E)(3), "IN-LIEU FEE", TO PROVIDE FOR A CHANGE
IN THE IN-LIEU FEE AMOUNTS CHARGED;
PROVIDING A SAVING 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 July 17,2006 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(E), "Location of Parking Spaces", Subsection 4.6.9(E)(3),
"In-Lieu Fee", 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:
(3) In-Lieu Fee: When a requirement for additional parking results from in-fill
development, or from a change in use, or adding floor space to an existing building; the City
Commission may approve the payment of a fee in-lieu of providing such required parking. Before
granting such approval, the City Commission must find that it is impossible or inappropriate to
provide the required number of on-site or off-street parking spaces and that, in the case of building
additions, no existing parking spaces will be eliminated. Payment of a fee in-lieu of providing
required parking is not permitted for new development. Furthermore, the in-lieu fee option will not
be available in the event of a change in use or addition of floor space if either occurs within two
years of the granting of the Certificate of Occupancy (CO.) for a new development. The fee in-lieu
option will be available two years after the date of the granting of the CO.
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, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(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
and corresponding fee amounts are hereby established as follows: (See page 4.6 -
51 for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned
CBD - $14,000 $18.200 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, West Adantic Neighborhood or Block 69 located in the
Old School Square Historic Arts District (OSSHAD) - $12,000 $15.600 per
space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for
Block 69 as noted in Area 2; and parcels located within the Pineapple Grove
Main Street area which are zoned CBD or CBD-RC - $6,000 $7.800 per
space.
(4) Area 4: Parcels located within the West Adantic Neighborhood which are
zoned CBD - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
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(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 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 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 the 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 the subject property. Ia Lieu of Parking Fee }~~eemeflts shall only be made between
the City aad the Owaer(s) of the subjeet 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% of the total fee and is to be paid upon
signing the agreement. The second installment shall be 25% of the total fee and is due on
the second anniversary date of the signing of the agreement. The third and final payment
of 25% of the total fee is due on the third anniversary date of the signing of the 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 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 to in-lieu 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
example, the applicant requests to pay the in-lieu 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 resulting in a fraction shall be rounded
down. Credit may not be taken for those parking spaces constructed in the public right-of-
way which are required to meet the performance standards for new developments.
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.
P ~ED AN~OPTED in regular sessioo 00 secood and final reading 00 this the l ~
day of ~~ ,200~, 8zi7 L LA
ATTEST MA YOR'-
~~.~.~~
City Clerk
First Reading ~ ~~\J)
Second Reading ~ \~\~
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2
ORD. NO. 42-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # 1M - REGULAR MEETING OF AUGUST 15, 2006
ORDINANCE NO. 42-06
SUBJECT:
DATE:
AUGUST 11, 2006
This ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) Section 4.6.9. (E), "Location of Parking Spaces", Subsection
4.6.9(E)(3), "In-Lieu Fee", relating to increases in the in-lieu parking fees.
At the first reading on August 1,2006, the Commission passed Ordinance No. 42-06.
Recommend approval of Ordinance No. 42-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 42-{)6 Amend LOR Section 4.6.9(E)(3) 081506
pr6~
TO: DA~a:;A
THRU: . P,UL DO~ TOR OF PLANNING & ZONING
FROM: A~ARONSON, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF AUGUST 1, 2006 - REGULAR AGENDA
ADOPTION OF ORDINANCE 42-06 AMENDING LAND DEVELOPMENT
REGULATIONS (LOR) SECTION 4.6.9{E) INCREASING CURRRENT IN-LIEU
PARKING FEES
Ordinance 4-99, adopted in February 1999, increased in-lieu fees in accordance with Land
Development Regulations (LOR) Section 4.6.9(E)(3), from $6,000 per space anywhere in the City to
today's varying prices charged by geographic area as shown in Table 1 below.
Table 1
(Current In-Lieu Fees)
Area 1 Properties zoned CBO and east of the Intracoastal Waterwav nCW) $14,000
Area 2 West of the ICW zoned CBO or CBO-RC excluding parcels located in
the OSSHAO and Pineaoole Grove Main Street $12,000
Area 3 Properties located in the Pineapple Grove Main Street and OSSHAO,
excludinQ block 69. $6,000
Area 4 Properties located in the West Atlantic NeiQhborhood zoned CBO $4,000
The modifications were made to reflect the actual cost of constructing parking spaces and included
appropriate land values. The 1999 review provided costs for both surface and structured parking
(garages). The proposed prices were based on both land value and estimated cost of construction.
Pursuant to City Commission direction staff has conducted a comprehensive study of current
estimated construction costs for parking garages and land values, b;:lsed on the Palm Beach County
Property Appraiser's 2005 assessed value, including improvements.
For additional information, attached please find the Planning and Zoning Board staff report. The
various tables in the report identify Estimated Construction Costs (Table 2); Average and Median
Land Values per sq. ft. (Table 3); Average and Median Land Value Per Parking Space (Table 4)
and; Total Estimated Per Space Construction Cost in Areas 1, 2 and 3 (Table 5) (see below). Area 4
- West Atlantic Avenue, is addressed separately.
Area
Area 1 - CBO - East of ICW
Area 2 - CBO - West of ICW
Area 3 - OSSHAO 1 PGW
The West Atlantic Neighborhood is currently in its early stages of development. The Community
Redevelopment Agency has several projects proposed in addition to the City's proposed roadway
improvements (including on-street parking) on Atlantic Avenue. Due to the availability of land in the
area, and the increased feasibility of providing surface parking, Table 6, below, illustrates the
estimated land values associated with the construction of both surface and structured parking. It is
noted that the $31,705 per space construction cost for parking garages would be consistent
regardless of the area it is constructed in. Lacking any recent cost estimates for projects
constructing surface parking lots staff used an estimate prepared by the Engineering Department to
\~ . \\
City Commission Staff Report
LDR Text Amendment To Section 4.6.9(E)(3)
In-Lieu Parking Fee Increase
Page 2
construct a 10 car surface lot, the resulting construction cost per space is $4,800 including
landscaping, irrigation and lighting.
Area 4 - West Atlantic Ave.
land Value b
Average land
Value AlV)
$2,173.10
Area 4 - West Atlantic Avenue
In summary, it is evident that current in-lieu fees are severely under priced and need to be
increased. Staff is cognizant of the fact that increasing the fees from today's rate to the estimated
costs outlined in this report might be both impractical and possibly create a negative impact to
redevelopment in the downtown.
The Parking Management Advisory Board, at its meeting of July 25, 2006, recommended a 30%
increase Areas 1, 2 and 3 resulting in the following fees; Area1 from $14,000 to $18,200; Area 2
from $12,000 to $15,600; Area 3 from $6,000 to $7,800 with no increase to the current $4,000 fee in
Area 4. Additionally, the Board recommended annual review of the fees.
This recommendation has been supported by the Planning and Zoning Board, Community
Redevelopment Agency, West Atlantic Redevelopment Coalition and Pineapple Grove Main Street
Board. Concerned with potential negative impact, the Downtown Development Authority felt that no
increase was warranted at this time and recommended further review next year.
It is noted that during the 1999 modifications the West Atlantic neighborhood in-lieu fee was reduced
from $6,000 to $4,000 as an incentive for redevelopment. Additionally, fees in Area 3 which includes
Pineapple Grove Way and the Old School Square Historic Arts District were not increased for the
same reason.
LOR Section 2.4.S(M)(S) (FindinQs): Pursuant to LOR Section 2.4.S(M)(S) (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.
While the In-Lieu of Parking Fee Program is not specifically mentioned in the Comprehensive Plan, it
is not inconsistent with the stated Goals, Objectives and Policies of the plan.
RECQMMENDED ACTION:
Move approval of Ordinance 42-06 by adopting the findings of fact and law contained in the staff
report, and finding that the proposed Ordinance 42-06 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.
Attachments: P&Z Staff Report
Proposed Ordinance 42-06
ORDINANCE NO. 42-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES", SUBSECTION
4.6.9(E)(3), "IN-LIEU FEE", TO PROVIDE FOR A CHANGE
IN THE IN-LIEU FEE AMOUNTS CHARGED; PROVIDING
A SAVING 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 July 17, 2006 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 I. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9(E), "Location of Parking Spaces", Subsection
4.6.9(E)(3), "In-Lieu Fee", 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:
(3) In-Lieu Fee: When a requirement for additional parking results from in-
fill development, or from a change in use, or adding floor space to an existing building; the City
Commission may approve the payment of a fee in-lieu of providing such required parking.
Before granting such approval, the City Commission must find that it is impossible or
inappropriate to provide the required number of on-site or off-street parking spaces and that, in
the case of building additions, no existing parking spaces will be eliminated. Payment of a fee
in-lieu of providing required parking is not permitted for new development. Furthermore, the in-
lieu fee option will not be available in the event of a change in use or addition of floor space if
either occurs within two years of the granting of the Certificate of Occupancy (e.O.) for a new
development. The fee in-lieu option will be available two years after the date of the granting of
the C.O.
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, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(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 and corresponding fee amounts are hereby established as follows:
(See page 4.6 - 51 for corresponding map).
(1) Area 1: Parcels located east ofthe Intracoastal Waterway which are zoned
CBD - $14,000 $18.200 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, West Atlantic Neighborhood or Block 69 located
in the Old School Square Historic Arts District (OS SHAD) - $12,000
$15.600 per space.
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(3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69
as noted in Area 2; and parcels located within the Pineapple Grove Main Street area
which are zoned CBD or CBD-RC - $6,000 $7.800 per space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned
CBD - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking 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 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 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 the 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 the subject property. In Lieu 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, 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 signing the agreement. The second installment shall be 25% of
the total fee and is due on the second anniversary date of the signing of the agreement.
The third and final payment of 25% of the total fee is due on the third anniversary date
of the signing of the 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 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
to in-lieu 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 example, the applicant requests to pay the in-lieu 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 resulting in a
fraction shall be rounded down. Credit may not be taken for those parking spaces
constructed in the public right-of-way which are required to meet the performance
standards for new developments.
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
_dayof ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
MEETING DATE:
JULY 17, 2006
IV.C
AGENDA ITEM:
ITEM:
AMENDMENT TO SECTION 4.6.9(E)(3) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS FOR THE INCREASE OF IN-LIEU
PARKING FEES
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)(3), to increase
current in-lieu fees, 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.
Ordinance 4-99, adopted in February 1999, increased in-lieu fees in accordance with Land
Development Regulations (LOR) Section 4.6.9(E)(3), from $6,000 per space anywhere in the
City to today's varying prices charged by geographic area as shown in Table 1 below.
Table 1
(Current In-Lieu Fees)
Area 1 Prooerties zoned CBD and east ofthe Intracoastal Waterway (ICW) $14,000
Area 2 West of the ICW zoned CBD or CBD-RC excluding parcels located in
the OSSHAD and Pineapple Grove Main Street $12,000
Area 3 Properties located in the Pineapple Grove Main Street and OSSHAD,
excludina block 69. $6,000
Area 4 Prooerties located in the West Atlantic Neighborhood zoned CBD $4,000
The modifications were made to reflect the actual cost of constructing parking spaces and
included appropriate land values. The 1999 review provided costs for both surface and
structured parking (garages). The proposed prices were based on both land value and
estimated cost of construction. Considering the inefficient utilization of land that surface parking
creates, its disruption of the desired pedestrian friendly streetscape and limited availability of
land, staff is presenting the estimated costs of structured parking only in areas 1, 2, and 3 and
both structured and surface parking in the West Atlantic neighborhood.
The land area per parking space for a multi-level parking garage is dependant on the number of
floors in the structure. A three-story garage containing 300 spaces will require a site area of
approximately 46,500 square feet, while a two story garage containing 200 spaces will still
require the same land area. Although the land cost per parking space will continue to decrease
as the number of floors in the garage increases, aesthetics, and compatibility with surrounding
properties will playa major role in the decision of how high to go. For the purpose of this report,
we will assume a three level garage containing 300 spaces. With this scenario, the required
land area per parking space is 155 square feet. To assess the construction cost of garages,
Planning and Zoning Board Staff Report, July 17, 2006
LOR Amendment - In-Lieu Fee Increase
staff used the most recent cost estimates for the Old School Square (OSS) and Block 69
garages illustrated in Table 2 below.
Table 2
(Estimated Construction Costs)
Facilitv Capacitv Total Construction Cost Cost Per Space
Block 69 207 $7,128,769.00 $34,438.50
OSS Garaae 525 $15,210,000.00 $28,971.50
Average Cost per Space $31,705.00
The cost of land is most dependant on location. The proposed Downtown Parking Master Plan
identifies several sites which could accommodate the construction of parking garages. For the
purpose of this report, an analysis of land values was completed for four areas with different
characteristics where in-lieu fees are allowed. These figures, shown in Table 3, represent the
Palm Beach County Property Appraiser's 2005 assessed value including improvements.
Although the ratio of the property assessment to market value varies in each area, market
values are higher than assessments in all areas. Therefore, if additional acquisition is required
the costs will be somewhat higher than the stated figures. If necessary, further refinement is
possible through the use of a Property Appraiser.
Table 3
(Averaae and Median land Values)
Average land Value Median land Value
Area (per sauare foot) (per square footl
Area 1 - CBO - East of ICW $106.36 $94.79
Area 2 - CBO - West of ICW $66.22 $62.22
Area 3 - OSSHAO I PGW $41.54 $39.29
Area 4 - West Atlantic Avenue $14.02 $7.84
Table 4, below, calculates the land value per space by multiplying the average and median land
values, per sq. ft., by the 155 square feet per space (determined to be the necessary square
footage per space in structured parking facilities).
Area
Area 1 - CBO - East of ICW
Area 2 - CBO - West of ICW
Area 3 - OSSHAO I PGW
Table 5, below, will illustrate the estimated construction cost per space for structured parking in
areas 1, 2, and 3. The West Atlantic neighborhood will be listed separately.
The construction costs for structured parking remains the same regardless of area. Therefore
Table 5 will consolidate the estimated construction cost utilizing both average and median land
values to ascertain the total estimated construction cost, per space, for structured parking in
Areas 1,2 and 3. The figure of $31,705 was used as the per space construction cost which was
derived by averaging the estimates from the ass and Block 69 Garages as illustrated in Table
2 above ($28,971.50 + $34,438.50/2 = $31,705.00).
2
Planning and Zoning Board Staff Report, July 17, 2006
LOR Amendment - In-Lieu Fee Increase
Table 5
Total Per Space Construction Cost by Area (Garages)
(land Value Plus $31,705)
Area ALV Garage MLV Garage
Area 1 - CBD - East of ICW $16,485.80 $48,190.80 $14,692.45 $46,397.45
Area 2 - CBD - West of ICW $10,264.10 $41,969.20 $9,644.10 $41,349.10
Area 3 - OSSHAD I PGW $6,438.70 $38,143.70 $6,089.95 $37,794.95
Lacking any recent cost estimates for projects constructing surface parking lots staff did a mock
workup of a 56 car parking lot. Using an estimate prepared by the Engineering Department to
construct a 10 car surface lot, the resulting construction cost per space is $4,799.80 including
landscaping, irrigation and lighting. Surface parking, including access, vehicular/pedestrian
circulation and open space/landscaping requires approximately 450 square feet per space.
Inefficient property configurations which necessitate the use of single-loaded parking aisles can
require over 500 square feet per space. For the purpose of this report; however, we will
assume that 450 square feet is the average area for a typical surface parking space. Table 7
illustrates the estimated cost per space of surface parking lots utilizing both the average and
median land values.
The West Atlantic Neighborhood is currently in its early stages of development. The Community
Redevelopment Agency has several projects proposed in addition to the City's proposed
roadway improvements (including on-street parking) on Atlantic Avenue. Due to the availability
of land in the area, and the increased feasibility of providing surface parking, Table 6, below,
illustrates the estimated land values associated with the construction of both surface and
structured parking.
Area 4 - West Atlantic Avenue
Surface lot Per
S ace
$8,328.00
Area 4 - West Atlantic Ave.
land Value b
Average land
Value Al
$2,173.10
Garage Cost Per
Space
$32,920.02
In summary, it is evident that current in-lieu fees are severely under priced and need to be
increased. Staff is cognizant of the fact that increasing the fees from today's rate to the
estimated costs outlined in this report might be both impractical and possibly create a negative
impact to redevelopment in the downtown.
It is noted that during the 1999 modifications the West Atlantic neighborhood in-lieu fee was
reduced from $6,000 to $4,000 as an incentive for redevelopment. Additionally, fees in Area 3
which includes Pineapple Grove Way and the Old School Square Historic Arts District were not
increased for the same reason.
LOR Section 2.4.5(MH5) (Findings): 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.
3
Planning and Zoning Board Staff Report, July 17, 2006
LDR Amendment - In-Lieu Fee Increase
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted. While the In-Lieu of Parking Fee Program is not specifically mentioned in the
Comprehensive Plan, it is not inconsistent with the stated Goals, Objectives and Policies of the
plan.
ParkinQ ManaQement Advisory Board (PMAB): At its meetings of May 23,2006 and June 27,
2006, while lacking a quorum at both meetings, the Board forwarded a consensus
recommending a 30% increase in Areas 1, 2, and 3 with no increase imposed in Area 4.
Furthermore it was recommended staff conduct annual reviews of the in-lieu fees. This would
result in a per space increase in Area 1 from $14,000 to $18,200; Area 2 from $12,000 to
$15,600; Area 3 from $6,000 to $7,800 with Area 4 remaining at $4,000
Community Redevelopment AQency (CRA): At its meeting of June 22, 2006, the Board
unanimously recommended approval of the PMAB recommendation.
Downtown Development Authority (DDA): At its meeting of June 12,2006, the Board in a 3-1
vote (Sheremeta dissenting) recommended no increase to the in-lieu fees at this time with a
recommendation for Staff to conduct another review in one (1) year.
West Atlantic Redevelopment Coalition (WARC): At its meeting of June 15,2006, the Board
unanimously recommended approval of the PMAB recommendation.
Pineapple Grove Main Street Board: At its meeting of June 7, 2006, the Board, while lacking a
quorum, unanimously forwarded a consensus concurring with the PMAB recommendation.
By motion, recommend approval of the proposed ordinance to increase in-lieu fees 30% in
Areas 1, 2 and 3 and conducting annual reviews 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
4
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www.bocanews.com . Boca Raton/Delray Beach News - Friday/Saturday, August 4-5, 2006 29
CITY OF DELRAY BEACH,FlORiDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinance at
7:00 p.m. on TUESDAY. AUGUST 15.
2006 or at any continuation of such
meeting which is set by the
Commission), in the City Commission
Chambers. 100 N. W. 1 st Aveooe. Del-
ray Beach. Florida. a1 which time 1he
City Commission will consider its
adoption. The proposed ordinance
may be inspacted a1 the Office of the
City Clark a1 City Hall. 100 NW. 1st
Avenue. Delray Beach, Florida, be-
tween the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. An interested parties are in-
wed to attend and be heard with re-
spact 10 the proposed ordinance,
ORDINANCE NO. 4:z.G6
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
4.6.9(E). -LOCATION OF PARKING
SPACES', SUBSECTION 4.6.9(E)(3),
"IN-LIEU FEE", TO PROVIDE FOR A
CHANGE IN THE IN-LIEU FEE
AMOUNTS CHARGED; PROVIDING
A SAVING ClAUSE; A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE
Please be advised that if a person de-
cides 10 appeal any decision made by
the City Commission with respect to
any matter considered at these hear-
ings. such person may need to ensure
that a verbatim record includes the
leslimony and evidence upon which
the appeal is to be based. The. City
does not provide nor prepare such
record Pursuant toES. 2860105
CITY OF DELRAY BEACH
Chevelle D. Nubin
City Clerk
PUBLISH, Friday, August 4, 2006
Boca AatonlOelray Beach News