Ord 06-03ORDINANCE NO. 6-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
(G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF
PARKING SPACES REQUIRED", SUB-SUBSECTION (2), "REQUIREMENTS
FOR RESIDENTIAL USES", TO PROVIDE REGULATIONS FOR THE
LOCATION AND ACCESSIBILITY OF GUEST PARKING SPACES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, with the recent increase of in-fill housing in the Downtown area there has been
an increase in the number of developers providing parking in garages below the residential units,
which are in some cases, including required guest parking spaces in these private garages. Although
the parking requirement is met numerically, visitors and guests to the development have very limited
access to these guest parking spaces; and
WHEREAS, The City Commission has determined it to be in the best interest of the
public's health safety and welfare to regulate that guest parking to be open to visitors and guests.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.13, "Central Business (CBD) District", Subsection (G),
"Supplemental District Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall also apply.
(1) Parking_:
Within that portion of the CBD bounded by Swinton Avenue on the west, N.E.
1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street
on the south, the parking requirements for all non-residential uses, except
restaurants, shall be one space for each 300 square feet or fraction thereof. The
parking requited for the creation of new floor area, shall also include the
replacement of any previously required parking which may be eliminated. Within
all other geographic areas of the CBD Zone District, the provisions of Section
4.6.9(C) shall apply, as further modified within this Subsection (G)(1). [Amd.
Ord. 61-01 1/8/02]; [Amd. Ord. 4-01 2/6/01]; [Amd. Ord. 63-93 11/23/93]
When the parking requirements are applied to either new development, expansion
of an existing use or a change in use, which results in the requirement of only one
new parking space, a one space exemption shall be allowed. This exemption may
only occur once per property. [Amd. Ord. 6-01 2/20/01]; [Amd. Ord. 63-93
11/23/931
If it is impossible or inappropriate to provide required parking on-site or off-site,
pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section
4.6.90S)(3) may be applied. [Amd. Ord. 63-93 11/23/93]
(d) The parking requirement for restaurants is established at six (6) spaces per 1,000
square feet of floor area. [Amd. Ord. 63-93 11/23/93]
(e) The parking requirements for residential units in multi-family structures and
mixed-use buildings shall be as follows: [Amd. Ord. 37-99 10/19/99]
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively as
follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse type developments, parking may be provided
in front of garage units provided that such parking does not result in the space for
one unit impeding access to a space of the other unit. [Amd. Ord. 37-01
7/10/011
Location of Guest Parking_ Spaces: Guest parking spaces must be accessible to
all visitors and ~tmests and may be centralized or located near recreational features
within a development pro!ect.
2 ORD. NO. 6-03
(2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally
established in Section 8.2.2(B), there shall be no required front, side (interior), side (street), or rear
building setbacks except where there is no dedicated access to the rear of a building, a ten foot (10')
side setback shall be provided. [Amd. Ord. 22-99 7/20/99]
(a) Within those sections of the CBD zoning district located in the Pineapple Grove
Main Street area and east of the Intracoastal Waterway, a front setback of not less
than five feet (5') nor greater than ten feet (10') and a 5' side (street) setback shall
be provided. There shall be no required side (interior) or rear building setbacks
except where there is no dedicated access to the rear of a building, a ten foot (10')
side setback shall be provided. [Amd. Ord. 22-99 7/20/99]
Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number
Of Parking Spaces Required", Sub-Subsection (2), "Requirements For Residential Uses", of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be
amended to read as follows:
2) Requirements for Residential Uses:
Single Family. Detached Residences: -- two spaces per dwelling unit. Tandem
parking may be used provided that in the Single Family (R-1 District) or RL
District, no required parking space may be located in a requi~ed front or street
side setback.
Duplexes: -- two spaces per dwelling unit. Tandem parking may be used
provided that such parking does not result in the space for one unit impeding
access to a space of the other unit. Further, curb cuts or direct access from
parking areas onto a street shall not exceed 24' in width.
(c) Multiple Fami.ly Structures:
* Efficiency dwelling unit
* One bedroom dwelling unit
* Two or more bedroom d.u.
* Guest parking shall be
cumulatively as follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
[Amd. Ord. 46-96 11/5/96]
provided
1.0 space/mt
1.5 spaces/unit
2.0 spaces/unit
0.5 spaces per unit
0.3 spaces per unit
0.2 spaces per unit
3 ORD. NO. 6-03
Within townhouse and townhouse type developments, parking may be provided
in front of garage units provided that such parking does not result in the space for
one unit impeding access to a space of the other unit. [Amd. Ord. 37-01
7/10/01]
Location of Guest Parldnff Spaces: Guest parking spaces must be accessible to
all visitors and guests and may be centralized or located near recreational features
within a development project. A portion of guest parking spaces may be
provided in stabilized sod pursuant to Section 4.6.9(D)(8). [Amd. Ord. 28-99
8/17/99]
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSE~)~ ~AND ADOPTED
day of ~'/f/xg. xd~ ,2003.
city Clerk
First Reading~'~ g, a~dkg,.~
Second
in regular session on second and final reading on this the
4 ORD. NO. 6-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \['3 ~ - REGULAR MEETING MAY 20. 2003
ORDINANCE NO. 6-03 (AMENDMENT TO LAND DEVELOPMENT
REGULATIONS)
DATE: MAY 16, 2003
This is second reading and public heating for Ordinance No. 6-03 mending Sections 4.4.13(G)(1)(e),
"Supplemental District Regulations" and 4.6.9(C)(2)(c), "Requirements for Residential Uses" of the
Land Development Regulations (LDR) regarding guest parking in multi-family developments.
Ordinance No. 6-03 provides for accessible guest parking spaces in multi-family developments for all
visitors and guests.
At first reading on May 6, 2003, the City Commission passed Ordinance No. 6-03.
Recommend approval of Ordinance No. 6-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda memo~\Or~ 6.03.05.20.03
TO:
THRU:
FROM:
p~u L D~A~,~TY MANAGER
LING, D~CTOR OF PLANNING & ZONING
SUBJECT:
MEETING OF MAY 6,2003-REGULAR AGENDA
AMENDMENT TO LAND DEVELOPMENT REGULATIONS WITH
REGARDS TO GUEST PARKING IN MULTI-FAMILY
DEVELOPMENTS
Currently the Land Development Regulations (LDR) Sections 4.4.13(G)(1)(e) and
4.6.9(C)(2)(c) require the following amount of guest parking with multi-family developments.
The first 20 units require 0.50 spaces/unit
Units 21 through 50 require 0.30 spaces/unit and,
Each unit above 50 requires 0.20 spaces/unit
With the recent increase of in-fill housing in the Downtown area most developers are
providing parking in private garages below the residential units. In cumulatively calculating
their parking requirements guest parking spaces are in some cases included as spaces
within individual private garages. Although the parking requirement is met numerically,
visitors and guests to the development do not have access to these guest parking spaces.
Ordinance No. 06-03 (attached) proposes revisions to the LDR that will require all guest
parking in multi-family developments to be located in areas accessible to all visitors and
guests.
Parking Management Advisory Board (PMAB): The proposed amendment was reviewed
by the PMAB on February 25, 2003 and the Board recommended approval.
Community Redevelopment Agency (CRA): The proposed amendment was reviewed by
the CRA on March 19, 2003 and the Board recommended approval.
Downtown Development Authority (DDA): The proposed amendment was reviewed by the
DDA on March 19, 2003 and the Board recommended approval.
Planning & Zoning Board (P&Z Board): The proposed amendment was reviewed by P&Z
Board at their meeting of April 21,2003 and the Board recommended approval.
By motion, approve on first reading LDR text amendment to Sections 4,4.13(G)(1)(e) and
4.6.9(C)(2)(c) with regards to guest parking in multi-family structures.
Attachment:
~ Ordinance No. 06-03
ORDINANCE NO. 06-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT",
SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS";
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED",
SUB-SUBSECTION (2), "REQUIREMENTS FOR RESIDENTIAL USES",
TO PROVIDE REGULATIONS FOR THE LOCATION AND
ACCESSIBILITY OF GUEST PARKING SPACES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, with the recent increase of in-fill housing in the Downtown area there
has been an increase in the number of developers providing parking in garages below
the residential units, which are in some cases, including required guest parking spaces
in these private garages. Although the parking requirement is met numerically, visitors
and guests to the development have very limited access to these guest parking spaces;
and
WHEREAS, The City Commission has determined it to be in the best interest of
the public's health safety and welfare to regulate that guest parking to be open to
visitors and guests.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.13, "Central Business (CBD) District", Subsection
(G), "Supplemental District Regulations", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be amended to read as
follows:
(G) Supplemental District Regulations: In addition to the supplemental
district regulations as set forth in Article 4.6, except as modified below, the following
shall also apply.
(1) Parkin.q:
(a) Within that portion of the CBD bounded by Swinton Avenue on the
west, N.E. 1st Street on the north, the Intracoastal Waterway on the
east and S.E. 1st Street on the south, the parking requirements for all
non-residential uses, except restaurants, shall be one space for each
300 square feet or fraction thereof. The parking required for the
creation of new floor area, shall also include the replacement of any
previously required parking which may be eliminated. Within all other
(b)
(c)
(d)
(e)
geographic areas of the CBD Zone District, the provisions of Section
4.6.9(C) shall apply, as further modified within this Subsection (G)(1).
[Amd. Ord. 61-01 118/02]; [Amd. Ord. 4-01 2/6/01]; [Amd. Ord. 63-
93 11/23/93]
When the parking requirements are applied to either new development,
expansion of an existing use or a change in use, which results in the
requirement of only one new parking space, a one space exemption
shall be allowed. This exemption may only occur once per property.
[Amd. Ord. 6-01 2/20/01]; [Amd. Ord. 63-93 li/23/93]
If it is impossible or inappropriate to provide required parking on-site or
off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option
provided in Section 4.6.9(E)(3) may be applied. [Amd. Ord. 63-93
11/23/93]
The parking requirement for restaurants is established at six (6) spaces
per 1,000 square feet of floor area. [Amd. Ord. 63-93 11/23/93]
The parking raquiraments for residential units in multi-family structures
and mixed-use buildings shall be as follows: [Amd. Ord. 37-99
10Il 9~99]
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively
as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse type developments, parking may be
provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit. [Amd. Ord. 37-01 7/10/01]
Location of Guest Parking Spaces: Guest parkinq spaces must be
accessible to all visitors and quests and may be centralized or located
near recreational features within a development project.
(2) Setbacks: Within the area encompassed by the boundaries of the DDA
as originally established in Section 8.2.2(B), there shall be no required front, side
(interior), side (street), or rear building setbacks except where there is no dedicated
access to the rear of a building, a ten foot (10') side setback shall be provided. [Amd.
Ord, 22-99 7120199]
(a)
Within those sections of the CBD zoning district located in the
Pineapple Grove Main Street area and east of the Intracoastal
Waterway, a front setback of not less than five feet (5') nor greater than
ten feet (10') and a 5' side (street) setback shall be provided. Theirs
shall be no required side (interior) or rear building setbacks except
where there is no dedicated access to the rear of a building, a ten foot
(10') side setback shall be provided. [Amd. Ord. 22-99 7/20/99]
Section 2. That Section 4.6.9, "Off-Street Parking Regulations",
Subsection (C), "Number Of Parking Spaces Required", Sub-Subsection (2),
"Requirements For Residential Uses", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be amended to read
as follows:
2) Requirements for Residential Uses:
(a)
Sin.qle Family Detached Residences: -- two spaces per dwelling unit.
Tandem parking may be used provided that in the Single Family (R-1
District) or RL District, no required parking space may be located in a
required front or street side setback.
(b)
Duplexes: -- two spaces per dwelling unit. Tandem parking may be
used provided that such parking does not result in the space for one
unit impeding access to a space of the other unit. Further, curb cuts or
direct access from parking areas onto a street shall not exceed 24' in
width.
(c) Multiple Family Structures:
* Efficiency dwelling unit
* One bedroom dwelling unit
* Two or more bedroom d.u.
. Guest parking shall be provided
cumulatively as follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
[Amd. Ord, 46-96 1115196]
1.0 space/unit
1.5 spaces/unit
2.0 spaces/unit
0.5 spaces per unit
0.3 spaces per unit
0.2 spaces per unit
Within townhouse and townhouse type developments, parking may be
provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit. [Amd. Ord. 37-01 7/10101]
(d) Location of Guest Parkinq Spaces: Guest parking spaces must be
accessible to all visitors and .quests and may be centralized or located
near recreational features within a development project. A portion of
guest parking spaces may be provided in stabilized sod pursuant to
Section 4.6.9(D)(8). [Amd. Ord. 28-99 8/17/99]
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the __ day of ,200
A~EST MAYOR
City Clerk
First Reading.
Second Reading.