Ord 58-06
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ORDINANCE NO. 58-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULA nONS" OF THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES"; SUBSECTION
4.6.9(E)(1) AND (2) TO PROVIDE CREDIT TOWARDS
REQUIRED PARKING FOR THE CONSTRUCTION OF
NEW ON-STREET PUBLIC PARKING IN ADJACENT
RIGHTS-OF-WAY; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, public parking in the City's downtown area has been identified as a need in the
City's Comprehensive Plan, Downtown Dekay Beach Master Plan, and Parking Master Plan;
WHEREAS, the Downtown Dekay Beach Master Plan promotes the creation of on-street
parking and shared parking facilities in lieu of separate surface lots serving individual businesses; and,
WHEREAS, in order to address the need to provide public parking spaces and provide an
incentive for the creation of on-street parking, parking requirements may be met by the construction
of additional on-street parking when the provisions of Sections 4.6.9(E)(3) and 4.6.9(E)(4) are not
available; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 18, 2006, and voted 7 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 Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay 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:
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Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.6, "Supplemental District Regulations", of the Land Development
Regulations is hereby amended by amending 4.6.9(E), "Location of Parking Spaces", Subsections
4.6.9(E)(1) and 4.6.9(E)(2) to read as follows:
(E) Location of Parking 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, except as provided for
herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to
the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d). the construction of additional
on-street public parking may reduce the number of in-lieu and public parking fee spaces required.
(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). When the provisions
of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of-way exists.
construction of additional on-street parking spaces direcrly and wholly abutting the lot. or parcel. may
be counted towards the off-street parking requirement of the lot or parcel it is intended to serve.
provided that:
(a) The adjacent right-of-way has not been previously utilized for parking or. in cases where
the adjacent right-of-way has been used for parking only those spaces in addition to the
number of existing spaces shall be counted:
W(b) Such parking spaces are clearly marked on the site plan and desigP.ed in accordance with
appropriate City. County or State standards. as applicable: and.
(b)(c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by
the owner(s) or tenant(s) of the lot or parcel. unless approved by the City Commission for
special events or valet parking.
One parking space credit shall be given for each additional full space constructed abutting a lot or
parcel. No part of an on-street parking space shall extend past a side property line of the lot it serves.
On-street parking located on the opposite side of the right-of-way. and within the property lines. as
extended to the opposite side of the right-of-way. may be counted toward fulfilling the off-street
parking requirement when the adjacent lot is a railroad or waterway. and it does not warrant parking.
In the event the City. County or State removes the parking spaces at any time for a public purpose.
the property shall be considered lawfully nonconforming with respect to parking.
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
2
ORD NO. 58-06
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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 S. That this ordinance shall become effective immediately upon its passage on
second and final reading.
\~P ASSED AN~PTED in regular session on second and final reading on this the
~ ""'.... day of \) ~ . 2006.
ATTEST:
~ \), ~~~~l
CITY CLERK
First Reading '\~t D'V
Second Reading ?\.\ C'in
~foA
3
ORD NO. 58-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # - REGULAR MEETING OF OCTOBER 17 2006
ORDINANCE NO. 58-06 (AMENDING LDR SECTION 4.6.9(E)
"LOCATION OF PARKING SPACES")
TO:
SUBJECT:
DATE:
OCTOBER 13, 2006
This ordinance is before Commission for second reading to amend Land Development Regulations
Section 4.6.9(E) to provide credit towards required parking for the developers constructing new on-
street public parking in adjacent rights-of-way. There was a revision to Ordinance 58-06 to change
the parking space credit from 50% to 100% for the developers constructing new on-street public
parking in adjacent rights-of-way.
At the first reading on October 3, 2006, the Commission passed Ordinance No. 58-06.
Recommend approval of Ordinance No. 58-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 58-06 Amend lDRSec 4.6.9e10.17.06 2nd reading.doc
ORDINANCE NO. 58-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS" OF THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES"; SUBSECTION
4.6.9(E)(1) AND (2) TO PROVIDE CREDIT TOWARDS
REQUIRED PARKING FOR THE CONSTRUCTION OF
NEW ON-STREET PUBLIC PARKING IN ADJACENT
RIGHTS-OF-WAY; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, public parking in the City's downtown area has been identified as a need in the
City's Comprehensive Plan, Downtown Delray Beach Master Plan, and Parking Master Plan;
WHEREAS, the Downtown Dekay Beach Master Plan promotes the creation of on-street
parking and shared parking facilities in lieu of separate surface lots serving individual businesses; and,
WHEREAS, in order to address the need to provide public parking spaces and provide an
incentive for the creation of on-street parking, parking requirements may be met by the construction
of additional on-street parking when the provisions of Sections 4.6.9(E)(3) and 4.6.9(E)(4) are not
available; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 18, 2006, and voted 7 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 Dekay 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:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.6, "Supplemental District Regulations", of the Land Development
Regulations is hereby amended by amending 4.6.9(E), "Location of Parking Spaces", Subsections
4.6.9(E)(1) and 4.6.9(E)(2) to read as follows:
(E) Location of Parking 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, except as provided for
herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to
the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional
on-street public parking may reduce the number of in-lieu and public parking fee spaces required.
(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). When the provisions
of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of-way exists.
construction of additional on-street parking spaces direcrly and wholly abutting the lot. or parcel. may
be counted towards the off-street parking requirement of the lot or parcel it is intended to serve.
provided that:
(a) The adjacent right-of-way has not been previously utilized for parking or. in cases where
the adjacent right-of-way has been used for parking only those spaces in addition to the
number of existing spaces shall be counted:
W(b) Such parking spaces are clearly marked on the site plan and designed in accordance with
appropriate City. County or State standards. as applicable: and.
W( c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by
the owner(s) or tenant(s) of the lot or parcel unless approved by the City Commission for
special events or valet parking.
One parking space credit shall be given for each additional full space constructed abutting a lot or
parcel. No part of an on-street parking space shall extend past a side property line of the lot it serves.
On-street parking located on the opposite side of the right-of-way. and within the property lines. as
extended to the opposite side of the right-of-way. may be counted toward fulfilling the off-street
parking requirement when the adjacent lot is a railroad or waterway. and it does not warrant parking.
In the event the City. County or State removes the parking spaces at any time for a public purpose.
the property shall be considered lawfully nonconforming with respect to parking.
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
2
ORD NO. 58-06
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 , 2006.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
3
ORD NO. 58-06
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wwwlloCanews.com . Boca Raton/Delray Beachtiews - Fridayisatunlay, October 6-7, 2006 29
101 Legal ~otices
101 Legal ~otices
100
ANNOUNCEMENTS -
ChaJTIJers; 100 NW. 1st ~:iet1ue. (lei. Moroi'lVEHICl,ES SHAlL NOT BE
ray 1le3!:h. ,Florida. at ,which time'II1e" . DRIVEN ON THE MUNICIPAL BEACH
Cily Commission will consider lheir EXCEPT FOR AUTHORIZED USES:
. :i~~~,::;o::\::'7;;" ~~~I~~bG tE~~~~RC'tL~tEsl
!:lly, CIerI< lit City'Ha~, 100'11.\'1. 1st ,ANDAN EFFECTIVE DATE
=;;. ~:a":;':~~~'5~' ORDlNANCE,NO'55-ll6
p.m., MoooaYJtirol!!ih FridaY, llXCliPt AN OADINANCEoF THE CITY COM.'
:a~:~",=~,,;.~ t.!ISSIONOF THE CITY OFDELRAY
.pealoll1eproposedOl<inances ,~:tE:' i.~~R!~~N~~ENNf~~~I~~
~~NA~,~Osi06 'USES, LOTS. AND, SlRUCTURES',
. AN 0Rl>INANCeOF'1l1EClTYcOM. ,... ~LA'W~~&lf:L~,,~ ~
. MISSIONOF'nU;CITY,OFDEU,lAY RAY BEACH. FLOAIDA.,BY AMEND-
BEACfiiFLPFlIDA.AMENDINIl THE INGSECTION 1.3.6. "REPAIRS AND
. COIlE.()fPRDlNANCES,OE lHE t.!AIN1CNANCE". TO PROVIDE THAT
. OIlyOF'OELRAY ,BEliCH. BY IF REl'AIRS ARE MADE TO STRlX;'
. AMENOIN,G SECTION: lQl.2~, . TURES DAMAGED BY AN ACT OF
c~~~;.,~eg.y~~~1&E~" '~~~o..~~~:kT~C~~;ESJii~~:
SHALL NOr BE OP~TEI) W~",!, ,ED BY AN ACT OF GOD' SHAll AP.
300, FEET ,OF THE MUNICIPIIl' ,'PLY;, PROVIDING A GENERAL RE.
BEACH, ,EXCEPT FOR AIRPlANES,' . PEALER CLAUSE, A SAVING
JETS ANDIOII HE.LlCOPTERSANO ClAlJSE ANIl AN EFFECTIVE DATE.,
101 Legal ~otices
CITY Ol;IlELRAY BEACH,~IQA
.iKmcEOFPIJiIuC ~ ,"
A PUBlIC HEARING wj. be heldll11
1I1e\Ollowillg. ~sedO!d~""',
7~ pm.'on~emAY-_9CTQPER
1ZJlllll o"a",any continliatiOn of
such meeting which - is set by the
Commission), in Jhe City CommissiOn
101 Legal ~otices
ORQINANCE NO ~
AN ORDINANCE OF THE CITY COM.
MISSION OF THE CITY OF DELRAY
BEACH. ,FLORIDA. AMENDING AR'
TICLE 4,6. ',SUPPLEMENTAL ,DIS.
TRICT REGULATIONS" .OF THE'
LAND' DEVELOPMENT'REGtJLA.
nONS' BY AMEND.lNGSECTION
4.6.9(E). 'LOCATION OF PARKING
SPACES";'SUBSECTlON H.9(E)!I) .
AND (2) TO PROVIDE CREDIT TD-
WARDS REOUIRED PARKING FOR
THE CONSTRUCTION OF NEW ON-
STREET PUBLIC PARKING IN AD.
JACENT RIGHTS.OF-WAY; PRO.
VIDING A SAVING CLAUSE. A
GENERAL REPEALER CLAUSE,
AND AN EFFECTIV!' DATE.
Please be ad'li$ed that'1f a: person ~
c_ides.:to appeal any Uepsion made, by
the City Commission with" respect to
any matter considered,a11heise,hear-
ings, such -person may need to ensure
that a verb'atim record includes the
tes1imony and evidence upon which.
101 Legal ~otices
the---8$i>eaV<is'.to. b,>base:~: The-Ctty
does 'not provide 'nof:.prepare such
retold. P........toES.2ll6,Ol05,
CITY OF DElRAY BEACH
Che'vele O. Nubin. CMC
City Clerk
Publish: Octpber 6, 2006,
Boca RatonlOekay Beach News