Ord 48-06
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ORDINANCE NO. 48-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9(C), "NUMBER OF PARKING SPACES
REQUIRED", SUBSECTION 4.6.9(C)(3), "REQUIREMENTS FOR
COMMERCIAL USES"; AMENDING APPENDIX A, "DEFINITIONS",
TO PROVIDE FOR A DEFINITION AND PARKING REGULATIONS
REGARDING PERSONAL SERVICE PROVIDERS; 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 August 21, 2006 and
voted 6 to 0 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 CI1Y COMMISSION OF
THE CI1Y 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(C), "Number of Parking Spaces Required", Subsection
4.6.9(C)(3), "Requirements for Commercial Uses", 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) Requirements for Commercial Uses:
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(a) General Commercial Uses: Shall provide 4.5 spaces per 1,000 square feet of gross
floor area which includes retail floor area, associated warehouse and storage floor area, and
employee and management facilities.
(b) Convenience Stores with Associated Gasoline Sales: Shall provide 4.5 spaces per
1,000 square feet of gross floor area of the convenience store and any kiosk or cashier
station.
(c) Gasoline Stations: With or without convenience food sales shall provide 4.5 spaces
per 1,000 square feet of non-repair gross floor area and shall provided four (4) spaces per
service bay or lift.
(d) Restaurants: Inclusive of drive-ins, drive-thru, snack shops, night clubs, lounges
shall provide 12 spaces per 1,000 square feet of floor area up to 6,000 sq. ft. and then 15
spaces per 1,000 sq. ft. of floor area over the initial 6,000 sq. ft.
(e) Shopping Centers: Spaces required based upon size of center per gross leasable
floor area, irrespective of uses:
* 25,000 to 400,000 sq. ft.
* 400,000 to 600,000 sq. ft.
* greater than 600,000 sq. ft.
provides: 4/1,000
provides: 4.5/1,000
provides: 5/1,000
(f) Vehic1e Sales and Rental: Including auto sales, auto rental agencies, recreational
vehicle sales and rental, and truck sales and rental, shall provide 4 spaces per 1,000 sq. ft. of
total building(s) area, except indoor display areas. Required parking spaces shall be
designated for employee, customer, and/or service use at the standard of, at least, 1.5 spaces
per service bay and 2 spaces per 1,000 sq. ft. of floor area (less indoor display area). Any
remaining spaces may be used for display purposes.
(g) Personal Service Providers: (Beauty Salons. Spas. etc.): Shall provide 4.5 spaces per
1.000 sq. ft. of gross floor area in buildings up to 5.000 sq. ft. and 4.5 spaces per 1.000 sq. ft.
of gross floor area plus 0.5 spaces per work station in buildings greater than 5.000 sq. ft. as it
pertains to the personal service provider uses. (Note: Work stations providing manicure
services which include both manicure table and pedicure chair shall be calculated as one (1)
work station for each table and chair combined).
Section 3. That Appendix A, "Definitions", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended by enacting the following definition:
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ORD NO. 48-06
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Personal Service Providers: (Beauty Salons. Spas. etc.) Commercial establishments
providing personal services varying in range and scope including but not limited to
hairstyling. manicuring. pedicures. facials. massages. etc.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage
on second and final reading.
"A'ft.SSED ~D ADOPTED in regular session on second and final reading on this
the ~ day of ~D...1v.. ~ , 20.mo.
ATTEST
~SJ.~
City Clerk
First Reading 9 W DL,
Second Reading '1\ B \ ~
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ORD NO. 48-06
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGERM
AGENDA ITEM # \ 'C)-h REGULAR MEETING OF SEPTEMBER 19,2006
ORDINANCE NO. 48-06
SUBJECT:
DATE:
SEPTEMBER 15, 2006
This ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) Subsection 4.6.9(C)(3), "Number of Parking Spaces Required;
Requirements for Commercial Uses", to establish parking requirements for Personal Service Providers
and modifying Appendix "A" "Definitions" to provide a definition for "Personal Service Providers".
At the first reading on September 5, 2006, the Commission passed Ordinance No. 48-06.
Recommend approval of Ordinance No. 48-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 4~ Amend LDR Section 4.6.9(C)(3) 091906
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TO:
DA~AR EN, CITY MANAGER
THRU: ~A L DOR lNG, , DIRECTOR OF PLANNING & ZONING
U;)o .
FROM: SCOTT ARONSO , ~RKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF SEPTEMBER 5, 2006 - REGULAR AGENDA
ADOPTION OF ORDINANCE 48-06 AMENDING SECTION 4.6.9(C)(3)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS
ESTABLISHING PARKING REQUIREMENTS FOR PERSONAL
SERVICE PROVIDERS AND MODIFYING APPENDIX "AU BY
PROVIDING A DEFINITION FOR PERSONAL SERVICE PROVIDERS
The need for this amendment was predicated by the establishment of Spa 11 on North Federal
Highway. When the facility was established the required parking of 37 spaces were provided. It
is noted the facility has 37 work stations with a potential of 37 or more employees/independent
service providers on site at the same time. From the moment the facility opened it was clear that
the parking required by code was insufficient to accommodate the need. The owner purchased
an adjacent parcel from the CRA and constructed an additional 40 parking spaces.
Personal Service Providers, for the purpose of this report, are defined as commercial
establishments providing personal services varying in range and scope including but not limited
to hairstyling, manicuring, pedicures, facials, massages, etc. These establishments usually
locate in large facilities and lease cubicle type space to independent personal care providers.
Pursuant to Land Development Regulations (LOR) Section 4.6.9(C)(3) - Number of Parkina
Spaces Required: these establishments have previously been classified as general commercial
requiring the provision of 4.5 parking spaces per 1,000 sq. ft. of gross floor area.
Unlike standard spas/salons providing only one or two of the services listed above the
combination of all these services in one establishment increases the number of parking spaces
needed to accommodate employee parking and lends to customers staying for extended
periods of time creating an increase in the number of customers in the establishment at any
given time.
A review of parking requirements utilizing the American Planning Association's Report #
510/511 - Parking Standards, was conducted for 22 cities. The publication provides parking
requirements for varying uses throughout the country listed by city, state and population.
Parking requirements for this, and similar types of use, varied in requirements between number
of spaces per total sq. ft. of gross floor area; number of spaces per chair; number of spaces per
employee; and several combinations of the above (see attached).
Staff proposes the parking requirement for Personal Service Providers be established at 4.5
spaces per 1,000 sq, ft. of gross floor area in buildings up to 5,000 sq. ft. and 4.5 spaces per
1,000 sq, ft. of gross floor area plus 0.5 spaces per work station in buildings greater than 5,000
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City Commission Staff Report
LOR Text Amendment To Section 4.6.9(C)(3)
To Establish Parking Requirements For Personal Service Providers
Page 2
sq. ft. It should be noted that work stations providing manicure services which include both a
manicure table and a pedicure chair shall be calculated as one (1) work station for each table
and chair combined. If Spa 11 would have developed under this new standard, 64 spaces would
have been required and 77 spaces have been provided. In observing the high utilization of the
parking spaces at Spa 11, the newly proposed parking requirement would appear to adequately
provide for the parking impact for this type of facility.
Appendix "A" of the LOR is being modified to provide a definition for Personal Service Providers
which is listed as: Commercial- establishments (beauty salons, spas, etc.) providing personal
services varying in range and scope including but not limited to hairstyling, manicuring,
pedicures, facials, massages, etc.
Parkina Manaaement Advisory Board (PMAB): At its meeting of July 25, 2006, the PMAB
unanimously recommended approval to establish parking requirements for "Personal Service
Providers" and to modify Appendix "A" providing a definition for "Personal Service Providers".
Plannina & Zonina Board (P&Z): At its meeting of August 21, 2006, the Board unanimously
recommended approval to establish parking requirements for "Personal Service Providers" and
to modify Appendix "An providing a definition for "Personal SerVice Providers".
Move approval of Ordinance 48-06 by adopting the findings of fact and law contained in the staff
report, and finding that the proposed Ordinance 48-06 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.
Attached: Proposed Ordinance 48-06
City Commission Staff Report, September 5, 2006
LOR Amendment - Personal Service Providers
Uses included in the following include Beauty Salons, Nail Salons, Health Spas and
Personal Service Providers.
City State Population Parkina Reauirement
Yavapai County Arizona 167,517 1 per chair and 1 per employee
1 per employee or service operator plus 2 service
Beverly Hills California 33,784 chair and 1 additional per stationary hair dryer
Spartan burg So. Carolina 39,763 2 per operator station and 1 per each 2
employees
3 per each of the first 2 chairs and 1.5 spaces per
MuskeQon MichiQan 40,105 each additional chair
San Antonio Texas 1,144,646 Minimum: 1 per 300 sq. ft. / Maximum: 1 per 200
sa. ft.
Jefferson County Kentucky 693,604 Minimum: 1 per 250 sq. ft. / Maximum: 1 per 100
sa. ft.
Glenville New York 41 ,498 Minimum: 2 per chair / Maximum: 3 per chair
Provo Utah 105,166 1 per 200 sa. ft. or 2 per chair
Lycoming County Pennsylvania 120,044 1 per 200 sq. ft. of basement and 151 floor plus 1
per 300 sq. ft. of any additional floor area for
customer service
Charleston Co. So. Carolina 309,969 1 per 200 sa. ft.
T onQanoxie Kansas 2,728 1 space per 150 SQ. ft.
Lenexa Kansas 40,238 1 per 200 SQ. ft.
Shasta County California 163,256 1 per 200 sa. ft.
Huntsville Texas 35,078 5 per 1,000 sa. ft.
Tampa Florida 303,447 8 per 1,000 sa. ft.
Gresham Oregon 90,205 Minimum: 3.2 per 1,000 sq. ft. / Maximum: 4.3
per 1,000 sa. ft.
Miami County Kansas 28,351 1 per 250 sa. ft.
Henderson Nevada 175,381 1 per 400 sa. ft.
Plainfield Indiana 18,396 1 per 200 sq. ft. plus the applicable parking
required for ancillary uses within the facility (Le.
restaurant, retail shoo, etc.)
San Mateo Co. California 33,826 1 per 150 sa. ft.
Costa Mesa California 108,724 10 per 1,000 sa. ft.
Gresham Oregon 90,205 Minimum: 4.5 per 1,000 sq. ft. / Maximum: 5.4
per 1,000 sa. ft.
3
ORDINANCE NO. 48-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION
4.6.9(C), ItNUMBER OF PARKING SPACES REQUIRED It, SUBSECTION
4.6.9(C)(3), ItREQUIREMENTS FOR COMMERCIAL USES It; AMENDING
APPENDIX A, "DEFINITIONS", TO PROVIDE FOR A DEFINITION AND
PARKING REGULATIONS REGARDING PERSONAL SERVICE
PROVIDERS; 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 August 21, 2006 and voted 6 to 0 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(C), ItNumber of Parking Spaces Requiredlt, Subsection
4.6.9(C)(3), "Requirements for Commercial Uses", 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) Requirements for Commercial Uses:
(a) General Commercial Uses: Shall provide 4.5 spaces per 1,000 square feet of gross floor
area which includes retail floor area, associated warehouse and storage floor area, and employee and
management facilities.
(b) Convenience Stores with Associated Gasoline Sales: Shall provide 4.5 spaces per 1,000
square feet of gross floor area of the convenience store and any kiosk or cashier station.
(c) Gasoline Stations: With or without convenience food sales shall provide 4.5 spaces per
1,000 square feet of non-repair gross floor area and shall provided four (4) spaces per service bay or
lift.
(d) Restaurants: Inclusive of drive-ins, drive-thru, snack shops, night clubs, lounges shall
provide 12 spaces per 1,000 square feet of floor area up to 6,000 sq.ft. and then 15 spaces per 1,000
sq. ft. of floor area over the initial 6,000 sq. ft.
(e) Shopping Centers: Spaces required based upon size of center per gross leasable floor area,
irrespective of uses:
* 25,000 to 400,000 sq. ft.
* 400,000 to 600,000 sq. ft.
* greater than 600,000 sq. ft.
provides: 4/1,000
provides: 4.5/1,000
provides: 5/1,000
(f) V~hicle Sales and Rental: Including auto sales, auto rental agencies, recreational vehicle
sales and rental, and truck sales and rental, shall provide 4 spaces per 1,000 sq. ft. of total building(s)
area, except indoor display areas. Required parking spaces shall be designated for employee,
customer, and/or service use at the standard of, at least, 1.5 spaces per service bay and 2 spaces per
1,000 sq. ft. of floor area (less indoor display area). Any remaining spaces may be used for display
purposes.
(g) Personal Service Providers: (Beauty Salons. Spas. etc.): Shall provide 4.5 spaces per 1.000
sq. ft. of gross floor area in buildings up to 5.000 sq. ft. and 4.5 spaces per 1.000 sq. ft. of gross floor
area plus 0.5 spaces per work station in buildings greater than 5.000 sq. ft. (Note: Work stations
providing manicure services which include both manicure table and pedicure chair shall be
calculated as one (1) work station for each table and chair combined).
Section 3. That Appendix A, "Definitions", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting the following definition:
Personal Service Providers: (Beauty Salons. Spas. etc.) Commercial establishments providing
personal services varying in range and scope including but not limited to hairstyling, manicuring.
pedicures. facials. massages. etc.
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ORD. NO. 48-06
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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 , 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3
ORD. NO. 48-06
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