Ordinance No. 07-19 ORDINANCE NO. 07-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING ARTICLE 2.4, "GENERAL PROCEDURES",
SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT
APPROVALS", PARAGRAPH (0), "IN-LIEU OF PARKING AND
PUBLIC PARKING FEE REQUEST",BY REMOVING THE PARKING
MANAGEMENT ADVISORY BOARD; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY,
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS,pursuant to LDR Section 1.1.6,.the Planningand Zoning Board reviewed the proposed text
amendment at a public hearing held on January 28,2019, and voted.—to to recommend that the proposed
amendments be approved; and
WHEREAS, the City Commission of the City of Delray Beach adopted 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 and 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 2.4,"General Procedures", Section 2.4.5(0), "In-Lieu of Parking and Public
Parking Fee Request", 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:
(0) In-Lieu o1parking and public parking fee request
(1) Rule. An in-lieu of parking or public parking fee request must be approved by
City Commission
(2) Required information. The following information must be submitted for an
In-Lieu of Parking or Public Parking Fee request:
(a) Sketch Plan including current and proposed square footage.
(b) Scope of work (i.e. expansion of use, change of use, new construction,
etc.).
(c) Application and appropriate fee.
(d) Current parking required and provided.
(e) Parking required and parking provided to facilitate proposal.
(f) For public parking fee requests: Adjacent rights-of-way and proposed
parking to be constructed.
(3) Procedure. Subject to Staff review and the provision of any additional
information that shall be required an in-lieu of parking or public parking fee request shall be processed
in the following manner:
(a) Receipt and certification is complete.
(b) Request must comply with Sections 4.6.9(E)(3) or 4.6.9(E)(4).
-Beards as deeffied appfopriftfe.
(cd) Approval by City Commission.
(4) Conditions. Conditions may be imposed pursuant to, but not limited to,
Sections 4.6.9(E)(3) and/or 4.6.9(E)(4).
(5) Findings. The City Commission find that the request is consistent with the
Land Development Regulations, City Comprehensive Plan, and all currently, adopted City policies
and/or studies. For In-lieu requests, an additional finding must be made that adequate public parking
options are available. For Public Parking Fee requests,an additional finding must be made that adequate
public parking will be available pursuant to the requirements of Section 4.6.9.
Section 3. 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. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby
repealed.
Section 5. Specific authority is hereby given to codify this Ordinance.
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Ord. No. 07-19
Section 6. This Ordinance shall become effective immediately upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
12019.
ATTEST: Shelly Petrolia,Mayor
Katerri Johnson, City Clerk
First Reading
Second Reading
Approved as to form and legal sufficiency:
City Attorney
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Ord. No. 07-19