ORD 32-12 OSSHAD In-Lieu - FMSF A,
HISTORIC PRESERVATION BOARD
STAFF REPORT
MEETING DATE: SEPTEMBER 19, 2012
AGENDA ITEM: ORDINANCE 32-12, CITY INITIATED AMENDMENT TO LDR SECTION
4.6.9(E), TO REVISE THE IN-LIEU OF PARKING FEE APPLIED TO A
PORTION OF THOSE PROPERTIES WITHIN BLOCK 69 OF THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ZONE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the Planning and Zoning
Board regarding Ordinance 32-12 for an LDR (Land Development Regulation) text amendment
to Section 4.6.9(E)(3)(b) pertaining to the in-lieu fee amount for specific properties located within
a portion of Block 69 of the Old School Square Historic Arts District (OSSHAD).
BACKGROUND & LDR AMENDMENT DESCRIPTION
The in-lieu of parking fee for properties within the OSSHAD (Old School Square Historic Arts
District) zoning district, with the exception of Block 69, is $7,800. Block 69 requires an in-lieu of
parking fee in the amount of $15,600, which is the same as parcels located west of the
Intracoastal Waterway which are zoned CBD or CBD-RC.
Block 69 is located within the Old School Square Historic District and consists of approximately
19 properties, a majority of which are either classified as contributing (historic) to the historic
district, or are deemed eligible for the contributing classification. While other blocks within the
district have benefitted from adaptive reuse and further development of historic properties,
properties within Block 69 which do not front East Atlantic Avenue have not found such success.
Further, in the last ten years, three historic structures have been demolished within this block,
and one historic structure has been relocated. The provision of an incentive equal to the
balance of the Old School Square Historic District should be considered by reducing the in-lieu
fee to $7,800.
It is important to note that Ordinance 74-04 (adopted January 18, 2005) expanded Area 2 (see
attached map) to include all of Block 69 among other parcels. The reasoning for differentiating
between Block 69 and the rest of the OSSHAD zoning district is not explained in back up
documentation for the Ordinance. However, the inclusion of the entire block is thought to have
been done in error, whereas it is likely that only Lots 1-6 (Lots which front on East Atlantic
Avenue) were intended to be included in Area 2.
The current LDR Section 4.6.9(E)(3) is shown below, with the prepared changes depicted in
underlined text..The complete Ordinance is attached for further reference.
(3) In-Lieu Fee: Subject to the limitations of this Section, new development, use conversion
to existing buildings, building additions and/or renovations, that result in the requirement to
provide new parking or additional parking, have the option of requesting some of the parking
spaces to be approved by the City Commission through the payment in-lieu of parking program.
Required parking for exclusively residential development or residential components of mixed
HPB Meeting of September 19, 2012 / Page 2 of 2 4
Ordinance 32-12; LDP Amendment re: OSSHAD In-Lieu Fees
use developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible
required parking can be provided under this option, except for use conversions for which there
is no maximum. Before granting such approvals, the City Commission must find that adequate
public parking options are available and that the request is consistent with the Land
Development Regulations, City Comprehensive Plan, and all currently adopted City policies
and/or studies.
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 corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD -
$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 Lots 1-6 of Block 69 located in the Old School
Square Historic Arts District(OSSHAD) - $15,600 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for Lots 1-6 of
Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main
Street area which are zoned CBD or CBD-RC- $7,800 per space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned
CBD - $4,000 per space.
SCHEDULE FOR REVIEW
The tentative schedule for processing the LDR text amendment is as follows:
September 24, 2012 Planning and Zoning Board Public Hearing
September 27, 2012 Parking Management Advisory Board Review
October 2, 2012 City Commission Regular Meeting (First Reading)
October 16, 2012 City Commission Regular Meeting(Second Reading)
RECOMMENDED ACTION
By motion, recommend to the Planning and Zoning Board approval of Ordinance 32-12 for an
LDR amendment to Section 4.6.9(E), to reduce the in-lieu of parking fee from $15,600 per
space to $7,800 per space for all lots within Block 69, except Lots 1-6 which face East Atlantic
Avenue. The current $15,600 fee would continue to apply to Lots 1-6, which face East Atlantic
Avenue.
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ORDINANCE NO. 32-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS", SUBSECTION (E),
"LOCATION OF PARKING SPACES", TO REVISE THE IN-LIEU OF
PARKING FEE APPLIED TO A PORTION OF THOSE PROPERTIES
WITHIN BLOCK 69 OF THE OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT ZONE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach;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 24, 2012 and voted_ to _ 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
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking
Regulations", Subsection (E), "Location of Parking Spaces", of the Land Development Regulations of the City
of Delray Beach, Florida, shall hereby be amended 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
A
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 directly 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;
(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,
(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.
(3) In-Lieu Fee: Subject to the limitations of this Section, new development, use conversion to existing
buildings, building additions and/or renovations, that result in the requirement to provide new
parking or additional parking, have the option of requesting some of the parking spaces to be
approved by the City Commission through the payment in-lieu of parking program. Required parking
for exclusively residential development or residential components of mixed use developments are not
eligible for this in-lieu option. A maximum limit of 30% of eligible required parking can be provided
under this option, except for use conversions for which there is no maximum. Before granting such
approvals, the City Commission must find that adequate public parking options are available and that
the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all
currently adopted City policies and/or studies.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
2
(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 corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $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 Lots 1-6 of Block 69 located in the Old School Square Historic Arts
District (OSSHAD) - $15,600 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for-Lots 1-6 of Block 69
as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which
are zoned CBD or CBD-RC - $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 prior to or upon issuance of a building permit. 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. 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.
3
•
(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 authorised
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 4spaces 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.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan
modification shall expire two years after such request is approved. The fee charged shall be the
fee that is set forth in the Land Development Regulations at the time payment is made for spaces
required to accommodate the associated site plan or site plan modification.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are
hereby repealed.
Section 4. 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 day of
, 2012.
MAYOR
A1.1EST:
City Clerk
First Reading
Second Reading
4
ORDINANCE NO. 32-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI,RY BEACH, FLORIDA, AMENDING
3 , ? ,>
jl
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGUIj, TIO.NS ,
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
I SUBSECTION (E), "LOCATION OF PARKING SPACES"i TO
(4 REVISE THE IN-LIEU OF PARKING FEE .APPT f l3- TO'-.
THOSE PROPERTIES WITHIN BLOCh 69 OE THE OLD_,
II - SCHOOL SQUARE HISTORIC ARTS DISTRICT ZONE;
I. PROVIDING A SAVING CLAUSE, A GENERAL\REPEALER
CLAUSE,AND AN EFFECTIVE DA'I')r•.. , "�` '.
r=
WHEREAS, the City Commission of the City of Delay Bea(1,,has the aatharit.. to protect tin.
health,safety and welfare of its citizens;and = x
WHEREAS, the City Commission of the Cit; of Delray Beach has/are authority to make
regulations pertaining to land use and development wuhin the City of DelraiBeach;and
WHEREAS, pursuant to 1 DR Section 1;1.6, the`Manning and Zoning Board reviewed the
;,' proposed text amendment at a public hearing held on Scup*emnber 24, 2012 and voted 7 to 0 to
recommend that the changes be-approved,and
`11 , pursu
ant toFlorida Statute 163.31 r4(4)(c), the Planning and Zoning Board,-sitting.
as the I;.ocal Planning.Agency-,has determui d.that the change is consistent with and furthers the goals,
objectives and policies of the Conaehensive .ian;and
WHEREAS, the CityC"ommission ' 1 of the City of Delray Beach adopts the finding in the
Planning Intl-1Zon :Staff Reports and
`,
'I WHEREAS, the City Couunuss.on of the City of Delray Beach fund; the ordinance is consistent
_l with the Counprehensive Kin.
•
, NOW`THLREFOI' ,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
t OF DELRAY BEACH,l.,,LORIDA AS FOLLOWS:
Section 1. That Article 4.6, "Supplrmental District Regulations", Section 4.6,9, "Off-Street
Parking Regulations", Subsection (E), `location of Parking Spaces", of the Land Development
Regulations of the City of Delray Beach,Florida, shall hereby be amended to read as follows:
(E) Location of Parking Spaces:
'i
(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" arc synonymous.However,
j 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-sheet 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 ,). 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 directly.And wholly
abutting the lot, or parcel,may be counted towards-the 6ff-street parking requitement of the
lot or`parcel it is intended to serve,provided that ,, .,
t (a) The adjacent right-of-way has not been piei-iou ly 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 shallbe counted;
r
(b) Such parking spaces are dearly'Marked on the-site plan and designed in accordance with
appropriate City,County or.State standards,as applicable;and,
yam
(c) Such parking spates shall be pirblicly-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\saliall be gig e ,for each additional full space constructed abutting a
lot or parcel. No part/Of an on-sireet parking space shall extend past a side property line of
the lot-i ,.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`=fulfrlling''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
1 to oyes the parking splices at any time for a public purpose, the property shall be
considered lawfully nonconforming with respect to parldng.
(3) In-Lieu Fe: Subject to the limitations of this Section,new development, use conversion to
existing buildinogs, building additions and/or renovations, that result in the requirement to
provide new parking or additional parking, have the option of requesting some of the
parking spaces to be approved by the City Commission through the payment in-lieu of
parking program. Required parldng for exclusively residential development or residential
components of mixed use developments are not eligible for this in-Lieu option.A maximum
limit of 30°%0 of eligible required parking can be provided under this option, except for use
conversions for which there is no maximum. Before granting such approvals, the City
Commission must find that adequate public parking options are available and that the
Ord No.32-12
request is consistent with the Land Development Regulations, City Comprehensive Plan,
and all currently adopted City policies and/or studies.
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
si approval of the in-lieu fee. The fee amount shall_.be..baed 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 corresponding map).
(1) Area 1: Parcels located east of the,Intracoastal Waterway which..=zoned C13D -
$18,200 per space.
(2) Area 2: Parcels located west of the Intra.coatal-:Waterway which arc zoned CBD
or CBD-RC and which are not included within the Pineapple Grove Main Street
area,West Atlantic Neighborhood or noncontributing I.,ors 1-6 of Block 69 located
in the Old School Square Historic Arts District(OSSHAD) -$15,600 per space.
(3) Area 3: Parcels: located ! ithin' ,the OSSIIAD zoning district, except for.
noncontributing Lots 1-6 of Bloch,69 as noted in Area 2;and parcels located within
the Pineapple-Grove Main Street area which are zoned CBD or CBD-RC - $7,8.00
per space.
(4) Area-4: 'Parcels located within-die West Atlantic Neighborhood which are zoned
..CBD -$4,000 per space.
_ l
,,(c) All proceeds!from stich,a fee shall be used for parking puiposes.
"(d)`For property pwners opting to pay in full, or lessees of properties,payment of the in-lieu
\fee is due upon issuance of a building permit.
The xti-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 prior to or upon issuance of a
building permit. 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
3
Ord No.32-12
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 t:hc 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 fcc is due on the third anniversary date of the signing of the agreement. There
shall be no interest due under this payment schedule. j
N
(e) In addition to in-lieu fees due, where adequate right-of-way existsadjacent to a
proposed project for which an in-lieu parking fee h: been--approved, the applicant must
construct additional on-street parking, not to exceed the total amount of spices subject
to in-lieu fees unless authorized by the City Commission. The applicant will he credited
up to one-half of a parking space for eachrf'ull parking space con structed within.public
right-of-way. (For example, the applicant requests to pay the in-lieu fee.do 4 spaces: the
applicant constructs 4spaces in the tight-of-way;,the---appl cant-lnust'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 Ile taken for'those parking spaces
constructed in the public tight-of-way Much are regnired`to meet the performance
standards for new developments:-„_
(f) Requests to allow in-lieu fee pa}.tneiit ;that are dci associated with a site plan or a site
plan modification/shall cxpixe tw`— ears after such request is approved. The fee charged
shall be the fee that is'set forth in the Land Development Regulations at the time
payment is,--Made tor spaces required to accommodate the associated site plan or site
is
plan modification.
I � F
Section 2 T-hat should arty,section or'provision of this ordinance or any portion thereof, any
paragraph/sentence, or,..- ord,b ' declared by a court of competent jurisdiction to be invalid, such
decision'sI all not affect the validity of the remainder hereof as a whole or part thereof other than the
part declittted to be invalid
Section \ That all ordinances or parts of ordinances in conflict herewith shall be, and the
sj same are hereby repealed.
Section 4. 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 day.of
,2012.
4
Ord No.32-12
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Ord No. 32-12 '
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Coversheet Page 1 of 2
1. , QIF om..:
MEMORANDUM
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olr
TO: Mayor and City Commissioners
FROM: Amy E.Alvarez,Historic Preservation Planner
Paul Dorling,AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: September 24,2012
SUBJECT: AGENDA ITEM 12.A.-REGULAR COMMISSION MEETING OF OCTOBER 2,2(312
ORDINANCE NO.32-12
ITEM BEFORE COMMISSION
The item before the City Commission is that of approval of a City-initiated text amendment to the Land
Development Regulations (LDR) Section .4.6.9(E)(3)(b) pertaining to the in-lieu fee amount for
properties located within a portion of Block 69 of the Old School Square Historic Arts District.
(OSSHAD).
BACKGROUND
The in-lieu of parking fee for properties within the OSSHAD (Old School Square Historic Arts District)
zoning district, with the exception of Block 69, is $7,800. Block 69 currently requires an in-lieu of
parking fee in the amount of $15,600, which is the same as parcels Iocated west of the Intracoastal
Waterway which are zoned CBD or CBD-RC.
The proposed LDR Amendment contained within Ordinance 32-12 will reduce the required in-lieu of
parking fee from S15,600 to $7,800 for those properties within Block 69 which do not front East
Atlantic Avenue. Further, for Lots within Block 69 that front on East Atlantic Avenue and which are
classified as"contributing"shall also be subject to the reduced rate of$7,800.
Currently, there are six buildings which front East Atlantic Avenue. two of which are classified as
contributing, and four of which are recommended to be reclassified to contributing from non-
contributing. In 2010. the four property owners requested that they not be reclassified, and the City
Commission approved this request. The uses within the non-contributing buildings are restaurant, stand-
alone bar, and retail (art gallery). The uses within the two contributing buildings are restaurant, retail,
personal services (salon), and office.
REVIEW BY OTI-IERS
The Historic Preservation Board (HPB) considered Ordinance 32-12 at its September 19, 2012
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemlD=6038&MeetingID=390 10/25/2012
Coversheet Page 2 of 2
meeting, where a recommendation of approval was made to the Planning and Zoning Board, with the
suggestion that properties classified as contributing within Lots 1-6 of Block 69 are also subject to the
lower in-lieu fee of$7,800. (The original version of Ordinance 32-12 did not reflect this; the current
version has been amended.)
The Planning and Zoning Board considered Ordinance 32-12 at their September 24,2012 meeting and
a recommendation of approval v.-as made with the suggestion that properties classified as contributing
within Lots 1-6 of Block 69 are also subject to the lower in-lieu fee of$7,800. (Ordinance 32-12 reflects
this suggestion, as indicated above.)
The Parking Management Advisory Board (PtV1AB) considered Ordinance 32-12 at their September 27`
2012 meeting and recommended approval,but with only a 90 day window for those properties on lots 1-
6 which are not currently classified as contributing in the LDR's to opt in to being reclassified as
contributing-.
RECOMMENDATION
By motion, approve on First Reading, Ordinance 32-12, a City-initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the Staff Report and
fnnding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M)(5),with second reading to occur on October 16,2012.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?Item1D=6038&Meetung1D=390 10/25/2012
ORDINANCE NO. 32-12
AN ORDINANCE OF THE CITY conuiSSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
"SUPPT FMENT-\L DISTRICT REGliT.ATIONS", SECTION 4.6.9,
"OFF-STREET PAP.KTNG REGULATIONS", SUBSECTION (om),
"LOCATION OF PARKING SPACES" TO REVISE THE N=LIEU OF
PARKING PEE APPLIED TO THOSE PROPERTIES WITHIN BLOCK
69 OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
ZONE; PROVIDING A SAVING CLAUSE A GENERAL REPEALER
CLAUSE,AND AN F11-17i.0 1 i\%E D iLi
WHEREAS, the City Comir>ission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens;and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach;and
WHEREAS, pursuant to LDR Section 1.1.6 the PIanning and Toning-Board reviewed the proposed text
amendment at a public hearing held on September 2.4, 2012 and voted 7 to ll 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 PIanning Agency,has determined that the change is consistent with and furthers the goals;objectives and
policies of the Comprehensive Plan;and
\ I-ILREAS, 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\ BEACH;FLORIDA AS FOLLOWS:
Section 1. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking
Regulations",Subsection (E),"Location of Parking Spaces",of the Land Development'Regulations of the City
of Delray Beach,Florida,shall hereby be amended 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 panting 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 oft-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 he applied and where adequate right-of--way exists,
construction,of additional on-street parking spaces directly and wholly abutting the lot,or parcel,may
be counted toevards 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;
(b) Such parking spaces are clearly remarked on the site plan and designed in accordance with
appropriate City,County or State standards,as applicable;and,
(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 pasta 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 oft-street
parking requirement when the adjacent lot is a railroad or watermvay,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 Iawfiilly nonconforming with respect to parking.
(3) In-Lieu Fee: Subject to the limitations of,this Section,new development,use conversion to existing
buildings, budding additions and/or renovations, that result in the requirement to provide new
parking or additional parking, have the option of requesting some of the parking spaces to be
approved by the City Commission through the payment in-lieu of parking program_Required parking
for exclusively residential development or residential components of mixed use developments are not
eligible for this.in-lieu option. A maximum limit of 30°4% of eligible required parking can be provided
under this option, except for use conversions for which there is no maximum. Before granting;such
approvals,the City Commission must find that adequate public parking options are available and that
the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all
currently adopted City policies and/or studies.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
2
Ord No.32-12
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSIIAD 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 corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200
per space.
(2) Area 2: Parcels located rest of the Intracoastal\ %atenvay which are Toned CBD or CBD-
RC and which are not included;within the Pineapple Grove Main Street area,West Atlantic
Neighborhood or noncontributun* .Lots 1-6 of Block 69 located in the Old School Square
Historic Arts District (OSSHAD) -S15,600 per space.
•
(3) Area 3: Parcels located within the OSSHAD zoning district, except for noncontributing
Lots 1-6 of Block 69 as noted in Area 2; and,parcels located within the Pineapple Grove
Main Street area which are zoned CBD or CBD-RC-$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 frill at time of permit,must enter into an In-Lieu
of Parking Fee Agreement with the City prior to or,upon issuance of a building permit 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. T c 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. If in 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 shalt
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"l 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.
3
Ord No.32-12
•
(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 tee 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
pays the in-lieu fee on 4 spaces; the applicant constructs 4spaces in the right-of-tvay; 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 he rounded down. Credit may not be taken for those parlting spaces
constructed in the public right-of-way which are required to meet the performance standards for
new developments.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan
modification shall expire two years after such request is approved. The fcc charged shall be the
fee that is set forth in the Land Development Regulations at the time payment is made for spaces
required to accommodate the associated site plan or site plan modificanon.
Section 2. That should any section or provision of this ordinance or any portion thereof,any paragraph,
sentence;or word he declared b>>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 itwaiid.
Section 3. That all ordinances or parts of ordinances in conflict herewith shall be, and the sane are
hereby repealed.
Section 4. •fhat this ordinance shall become effective inuncdiately upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2012.
MAYOR
XITEST:
City Clerk
First Reading
Second Reading
4
Ord No.32-12
PLANNING & ZONING BOARD
STAFF REPORT:"
MEETING DATE: SEPTEMBER 24, 2012
AGENDA ITEM: ORDINANCE 32-12, CITY INITIATED AMENDMENT TO LDR SECTION
4.6.9(E), TO REVISE THE 1N-LIEU OF PARKING FEE APPLIED TO A
PORTION OF THOSE PROPERTIES WITHIN BLOCK 69 OF THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT(OSSHAD)ZONE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding Ordinance 32-12 for an LDR (Land Development Regulation) text amendment to
Section 4.6.9(E)(3)(b) pertaining to the in-lieu fee amount for specific properties located within a
portion of Block 69 of the Old School Square Historic Arts District(OSSHAD).
BACKGROUND`8, LDR AMENDMENT DESCRIPTION
The in-lieu of parking fee for properties within the OSSHAD (Old School Square Historic Arts
District) zoning district,with the exception of Block 69, is$7,800. Block 69 requires an in-lieu of
parking fee in the amount of $15,600, which is the same as parcels located west of the
Intracoastal Waterway which are zoned CBD or CBD-RC.
Block 69 is located within the Old School Square Historic District and consists of approximately
19 properties, a majority of which are either classified as contributing (historic) to the historic
district. or are deemed eligible for the contributing classification. While other blocks within the
district have benefited from adaptive reuse and further development of historic properties,
properties within Block 69 which do not front East Atlantic Avenue have not found such success.
Further, in the last ten years, three historic structures have been demolished within this block,
and one historic structure has been relocated. The provision of an incentive equal to the
balance of the Old School Square Historic District should be considered by reducing the in-lieu
fee to$7,800.
it is important to note that Ordinance 74-04 (adopted January 18, 2005) expanded Area 2 (see
attached map) to include all of Block 69 among other parcels.The reasoning for differentiating
between Block 69 and the rest of the OSSHAD zoning district is not explained in back up
documentation for the Ordinance. However, the inclusion of the entire block is thought to have
been done in error, whereas it is likely that only Lots 1-6 (Lots which front on East Atlantic
Avenue)were intended to be included in Area 2.
The current LDR Section 4.6.9(E)(3) is shown below, with the prepared changes depicted in
underlined text.The complete Ordinance is attached for further reference.
(3) In-Lieu Fee:Subject to the limitations of this Section, new development, use conversion
to existing buildings, building additions and/or renovations, that result in the requirement to
provide new parking or additional parking, have the option of requesting some of the parking
spaces to be approved by the City Commission through the payment in-lieu of parking program.
Required parking for exclusively residential development or residential components of mixed
Planning&Zoning Board Meeting of September 24,2012/Page 2 of 3
Ordinance 32-12; LDR Amendment re: OSSHAD In-Lieu Fees
use developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible
required parking can be provided under this option, except for use conversions for which there
is no maximum. Before granting such approvals, the City Commission must find that adequate
public parking options are available and that the request is consistent with the Land
Development Regulations, City Comprehensive Plan, and all currently adopted City policies
and/or studies.
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 corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD -
$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 Lots 1-6 of Block 69 located in the Old School
Square Historic Arts District(OSSHAD) -$15,600 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for Lots 1-6 of
Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main
Street area which are zoned CBD or CBD-RC-$7,800 per space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned
CBD-$4,000 per space.
SCHEDULE FOR REVIEW
The Historic Preservation Board (HPB) considered Ordinance 32-12 at its September 19,
2012 meeting, where a recommendation of approval was made to the Planning and Zoning
Board, with the revision that properties classified as contributing within Lots 1-6 are subject to
the lower in-lieu fee of$7.800. Note: There are six buildings which front East Atlantic Avenue,
two of which are classified as contributing, and four of which are recommended to be
reclassified to contributing from non-contributing. In 2010, the four property owners requested
that they not be reclassified, and the City Commission approved this request. The uses within
the non-contributing buildings are restaurant, stand-alone bar, and retail (art gallery).'The uses
within the two contributing buildings are restaurant, retail, personal services (salon), and office.
The Parking Management Advisory Board will consider Ordinance 32-12 at its September 27,
2012 meeting:The recommendation will be forwarded to the City Commission.
The City Commission will consider Ordinance 32-12 at its meetings of October 2, 2012 (First
Reading) and October 16, 2012 (Second Reading).
2
Planning &Zoning Board Meeting of September 24,2012'i Page 3 of 3
Ordinance 32-12: LDR Amendment re: OSSHAD In-Lieu Fees
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of Ordinance 32-12 for an LDR
amendment to Section 4.6.9(E), to reduce the in-lieu of parking fee from $15,600 per space to
$7,800 per space for all lots within Block 69, except Lots 1-6 which face East Atlantic Avenue.
The current S15,600 fee would continue to apply to Lots 1-6,which face East Atlantic Avenue.
3
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Pt&\N C&zO:n-:I DEPARThC T
PLANNING & ZONING BOARD
STAFF REPORT
MEETING DATE: SEPTEMBER 24, 2012
AGENDA ITEM: ORDINANCE 32-12, CITY INITIATED AMENDMENT TO LDR SECTION
4.6.9(E), TO REVISE THE IN-LIEU OF PARKING FEE APPLIED TO A
PORTION OF THOSE PROPERTIES WITHIN BLOCK 69 OF THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ZONE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding Ordinance 32-12 for an LDR (Land Development Regulation) text amendment to
Section 4.6.9(E)(3)(b) pertaining to the in-lieu fee amount for specific properties located within a
portion of Block 69 of the Old School Square Historic Arts District (OSSHAD).
BACKGROUND & LDR AMENDMENT DESCRIPTION
The in-lieu of parking fee for properties within the OSSHAD (Old School Square Historic Arts
District) zoning district, with the exception of Block 69, is $7,800. Block 69 requires an in-lieu of
parking fee in the amount of $15,600, which is the same as parcels located west of the
Intracoastal Waterway which are zoned CBD or CBD-RC.
Block 69 is located within the Old School Square Historic District and consists of approximately
19 properties, a majority of which are either classified as contributing (historic) to the historic
district, or are deemed eligible for the contributing classification. While other blocks within the
district have benefitted from adaptive reuse and further development of historic properties,
properties within Block 69 which do not front East Atlantic Avenue have not found such success.
Further, in the last ten years, three historic structures have been demolished within this block,
and one historic structure has been relocated. The provision of an incentive equal to the
balance of the Old School Square Historic District should be considered by reducing the in-lieu
fee to $7,800.
It is important to note that Ordinance 74-04 (adopted January 18, 2005) expanded Area 2 (see
attached map) to include all of Block 69 among other parcels. The reasoning for differentiating
between Block 69 and the rest of the OSSHAD zoning district is not explained in back up
documentation for the Ordinance. However, the inclusion of the entire block is thought to have
been done in error, whereas it is likely that only Lots 1-6 (Lots which front on East Atlantic
Avenue) were intended to be included in Area 2.
The current LDR Section 4.6.9(E)(3) is shown below, with the prepared changes depicted in
underlined text. The complete Ordinance is attached for further reference.
(3) In-Lieu Fee: Subject to the limitations of this Section, new development, use conversion
to existing buildings, building additions and/or renovations, that result in the requirement to
provide new parking or additional parking, have the option of requesting some of the parking
spaces to be approved by the City Commission through the payment in-lieu of parking program.
Required parking for exclusively residential development or residential components of mixed
Planning & Zoning Board iVirig of September 24, 2012 / Page 2 of 3
Ordinance 32-12; LDR Arnent re: OSSHAD In-Lieu Fees
use developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible
required parking can be provided under this option, except for use conversions for which there
is no maximum. Before granting such approvals, the City Commission must find that adequate
public parking options are available and that the request is consistent with the Land
Development Regulations, City Comprehensive Plan, and all currently adopted City policies
and/or studies.
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 corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD -
$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 Lots 1-6 of Block 69 located in the Old School
Square Historic Arts District(OSSHAD) - $15,600 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for Lots 1-6 of
Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main
Street area which are zoned CBD or CBD-RC- $7,800 per space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned
CBD - $4,000 per space.
SCHEDULE FOR REVIEW
The Historic Preservation Board (HPB) considered Ordinance 32-12 at its September 19,
2012 meeting, where a recommendation of approval was made to the Planning and Zoning
Board, with the revision that properties classified as contributing within Lots 1-6 are subject to
the lower in-lieu fee of $7.800. Note: There are six buildings which front East Atlantic Avenue,
two of which are classified as contributing, and four of which are recommended to be
reclassified to contributing from non-contributing. In 2010, the four property owners requested
that they not be reclassified, and the City Commission approved this request. The uses within
the non-contributing buildings are restaurant, stand-alone bar, and retail (art gallery). The uses
within the two contributing buildings are restaurant, retail, personal services (salon), and office.
The Parking Management Advisory Board will consider Ordinance 32-12 at its September 27,
2012 meeting. The recommendation will be forwarded to the City Commission.
The City Commission will consider Ordinance 32-12 at its meetings of October 2, 2012 (First
Reading) and October 16, 2012 (Second Reading).
2
Planning & Zoning Board Nrig of September 24, 2012/ Page 3 of 3
Ordinance 32-12; LDR Arnent re: OSSHAD In-Lieu Fees
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of Ordinance 32-12 for an LDR
amendment to Section 4.6.9(E), to reduce the in-lieu of parking fee from $15,600 per space to
$7,800 per space for all lots within Block 69, except Lots 1-6 which face East Atlantic Avenue.
The current $15,600 fee would continue to apply to Lots 1-6, which face East Atlantic Avenue.
3
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PLANNING & ZONING DEPARTMENT
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CITY OF I1ELRAY^EACH, FL
\..PLACNISD & ZOvING DEPARTMENT
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A REF: LMA9I F--
ORDINANCE NO. 32-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS", SUBSECTION (E),
"LOCATION OF PARKING SPACES", TO REVISE THE IN-LIEU OF
PARKING FEE APPLIED TO A PORTION OF THOSE PROPERTIES
WITHIN BLOCK 69 OF THE OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT ZONE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach; 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 24, 2012 and voted_ to 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
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking
Regulations", Subsection (E), "Location of Parking Spaces", of the Land Development Regulations of the City
of Delray Beach, Florida, shall hereby be amended 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 directly 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;
(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,
(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.
(3) In-Lieu Fee: Subject to the limitations of this Section, new development, use conversion to existing
buildings, building additions and/or renovations, that result in the requirement to provide new
parking or additional parking, have the option of requesting some of the parking spaces to be
approved by the City Commission through the payment in-lieu of parking program. Required parking
for exclusively residential development or residential components of mixed use developments are not
eligible for this in-lieu option. A maximum limit of 30% of eligible required parking can be provided
under this option, except for use conversions for which there is no maximum. Before granting such
approvals, the City Commission must find that adequate public parking options are available and that
the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all
currently adopted City policies and/or studies.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
9
(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 corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $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 Lots 1-6 of Block 69 located in the Old School Square Historic Arts
District (OSSHAD) - $15,600 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for-Lots 1-6 of Block 69
as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which
are zoned CBD or CBD-RC - $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 prior to or upon issuance of a building permit. 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. 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.
3
(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 4spaces 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.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan
modification shall expire two years after such request is approved. The fee charged shall be the
fee that is set forth in the Land Development Regulations at the time payment is made for spaces
required to accommodate the associated site plan or site plan modification.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are
hereby repealed.
Section 4. 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 day of
, 2012.
MAYOR
A FIRST:
City Clerk
First Reading
Second Reading
4
CITY OF DELRAY BEACH
DELRAY BEACH
L RA BEACH. FLORIDA 33_ 561/243-7000
bad
All-America City
SPECIAL COURTESY NOTICE TO YOUR NEIGHBORHOOD ASSOCIATION
The purpose of this special courtesy notice is to inform you of the upcoming Planning and
Zoning Board and City Commission meetings associated with amendments to the Land
'`''' Development Regulations. The following is a brief description of the amendment. The file is
2ooi
available for review at the Planning and Zoning Department. If you would like to obtain
additional information on the amendments please feel free to contact the Amy Alvarez,
Historic Preservation Planner of the Planning and Zoning Department at (561) 243-7284. If
you cannot attend these meetings but would like to be heard on any of the item listed below,
you may submit your comments as follows:
> By fax at (561) 243-7221
> By e-mail pzmail@mydelraybeach.com or
> By regular mail at 100 NW 1st Avenue, Delray Beach, FL 33444
Amendment to the Land Development Regulations Revising the In-lieu Parking Fee
Applied to Those Parcels Located Within a Portion of Block 69 of the Old School
Square Historic Arts District
This is a City-initiated amendment to the Land Development Regulations Section
4.6.9(E)(3)(b), pertaining to the in-lieu parking fee amount for properties lying south of the
east-west alleyway within Block 69 within the Old School Square Historic Arts District
(OSSHAD). Block 69 is located between East Atlantic Avenue and SE 1st Street and between
Swinton Avenue and SE 1st Avenue.
Currently, the in-lieu parking fee for properties within the OSSHAD (Old School Square
Historic Arts District) zoning district, with the exception of Block 69, is $7,800. Block 69
requires an in-lieu of parking fee in the amount of $15,600, which is the same as parcels
located between the Intracoastal Waterway and Swinton Avenue (excluding the properties
located within the Pineapple Grove Main Street Area), and are zoned CBD or CBD-RC.
The proposed amendment involves reducing the in-lieu of parking fee for parcels located
south of the east-west alleyway within Block 69, and zoned Old School Square Historic Arts
District (OSSHAD) from $15,600 to $7,800.
Monday, September 24, 2012 - Planning and Zoning Board Regular/Public Hearing
Meeting
6:00 p.m.
City Commission Chambers, City Hall, 100 NW 1st Avenue.
Tuesday, October 2, 2012 and Tuesday October 16, 2012 — City Commission Regular
Meeting
6:00 p.m.
'I City Commission Chambers, City Hall, 100 NW 1st Avenue.
1 Date Mailed: September 13, 2012 SERVICt " i' t12rO12iv1ANC.t ° .ILN i"CvRITY ' RE5PON5IBLL: T• INNOVATIVE • 1 EAMWORK
Susan Sims Stephen Lampe!
Neighborhood Advisory Council Neighborhood Advisory Council Linda Leib
4285 Myrtle Way 2745 N.Clearbrook Circle Neighborhood Advisory Council
Delray Beach, FL 33445 Delray Beach, FL 33445 4045 Live Oak Blvd
Delray Beach FL 33445
Suzanne Donohue Gail-Lee McDermott Linda Prior
Neighborhood Advisory Council Neighborhood Advisory Council Neighborhood Advisory Council
10 NE 13th Street 721 SE 3rd Avenue 2455 Lindell Blvd#3510
Delray Beach, FL 33444 Delray Beach,FL 33483 Delray Beach FL 33444
Mark Behar Colson Zulmar Wendy Smith
Neighborhood Advisory Council Neighborhood Advisory Council Neighborhood Advisory Council
140 W. Lee Road 2039 SW 12th Court 2325 Rabbit Hollowe Circle
Delray Beach,FL 33445 Delray Beach,FL 33445 Delray Beach FL 33445
Lee Cohen William Milner Dorothy Payne
Neighborhood Advisory Council Neighborhood Advisory Council Neighborhood Advisory Council
9826 Savona Winds Drive 3400 Place Valencay 125 NW 3rd Avenue
Delray Beach FL 33446 Delray Beach FL 33445 Delray Beach FL 33444
Pearl Markfield Elrod Kristen Albanese
Adam Reback Neighborhood Advisory Council Neighborhood Advisory Council
Neighborhood Advisory Council 302 SW 1st Avenue
508 N.Swinton Avenue
3000 Florida Blvd,#202D Delray Beach,FL 33444 Delray Beach,FL 33444
Delray Beach,FL 33483
Delray Citizen's Coalition Chamber of Commerce
Gerry Franciosa Michael Malone
939 Eve Street 64 SE 5th Avenue
Delray Beach FL 33483 Delray Beach,FL 33483
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