Ord 23-07~.
ORDINANCE NO.23-07
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 4.6.9(E), "LOCATION OF PARKING SPACES", SUBSECTION
4.6.9(E)(3), "IN-LIEU FEE", AND SUBSECTION 4.6.9(E)(4), "PUBLIC.
PARKING FEE" TO PROVIDE A TIME PERIOD IN WHICH APPROVED IN
LIEU OR PUBLIC PARKING FEES SHALL BE VALID AND THE CHARGE
FOR SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on Tune 18. 2007, and voted 5 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 Delray 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 DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(3),
"In-Lieu Fee", 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:
(fl 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 3. That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(4),
"Public Parking Fee", 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:
~ Requests to allow public~arking fee payments that are not associated with a site plan or
a site plan modification shall expire two dears 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
maces required to accommodate the associated site plan or site plan modification.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 24`~ day
of ~, 2007.
ATTEST:
MAYOR
. ~~~,
City Clerk
First Readin ~ `~
Second Readin
2 ORD N0.23-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE ~~s,~+~
SUBJECT: AGENDA ITEM # (O. CL -REGULAR MEETING OF TULY 24, 2007
ORDINANCE NO. 23-07 -CITY INITIATED TEXT AMENDMENT TO
LDR SECTION 4.6.9(E)(3). "IN LIEU FEE", AND SECTION 4.6.9(E~(4)
"PUBLIC PARKING FEE"
DATE: JULY 20, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a City initiated text amendment to the
Land Development Regulations (LDR), Section 4.6.9(E)(3), "In Lieu Fee", and Section 4.6.9(E)(4)
"Public Parking Fee", establishing an expiration period and clarifying the payment amount due.
BACKGROUND
At the first reading on July 10, 2007, the Commission passed Ordinance No. 23-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 23-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord ?3-07 Text Amend LDR Sec.4.6.9 In Lieu Fee & Public Parking Fee.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST <
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~
THROUGH: CITY MANAGER ?
DATE: JUNE 27, 2007
SUBJECT: AGENDA ITEM # ~ ~ • ~ -REGULAR MEETING -JULY 10, 2007
APPROVAL OF A CITY INITIATED TEXT AMENDMENT TO LAND
DEVELOPMENT REGULATIONS (LDR) SECTION 4.6.9(E)(3), IN-LIEU FEES AND
SECTION 4.6.9(E)(4), PUBLIC PARKING FEE, ESTABLISHING AN EXPIRATION
PERIOD AND CLARIFYING THE PAYMENT AMOUNT DUE
ITEM BEFORE COMMISSION
Approval of a City initiated text amendment amending Ordinance 80-06 by establishing an expiration
period and clarifying the fee to be paid when in-lieu parking fee requests are submitted independently of
a site plan or site plan modification pursuant to LDR Section 2.4.3(K)(1)(cc).
BACKGROUND
Ordinance 80-06, adopted January 2, 2007, created an application process allowing in-lieu parking fee
requests to be submitted independently of a site plan modification. During consideration of a recent in-
lieu request from the owner of 177 Pineapple Grove Way, a concern that property owners could
potentially "bank" in-lieu spaces and lock in at the current rates was identified. To address the concern
the request was conditionally approved with a two (2) year expiration period and the caveat that fees be
paid at the prevailing rate as 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.
The proposed Ordinance 23-07, if approved, will codify the expiration period of two (2) years and
establish how to determine the fees to be paid at the time the spaces are purchased. Additional
background and analysis is provided in the attached Planning & Zoning Board Staff Report.
REVIEW BY OTHERS
The Parking Management Advisory Board, Pineapple Grove Main Street Board, Downtown
Development Authority, Community Redevelopment Agency, West Atlantic Redevelopment Coalition
and Planning and Zoning Board, at their respective meetings, all unanimously recommended approval
of the proposed ordinance
RECOMMENDATION
By motion, approve on first reading Ordinance No. 23-07, amending Land Development Regulations
(LDR) Section 4.6.9(E)(3) - In-Lieu Fee and 4.6.9(E)(4) -Public Parking Fee, by adopting the findings of
fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Attachments:
^ P8~Z Staff Report
^ Proposed Ordinance 23-07
ORDINANCE NO. 23-07
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 4.6.9(E),
"LOCATION OF PARKING SPACES", SUBSECTION
4.6.9(E)(3), "IN-LIEU FEE", AND SUBSECTION 4.6.9(E)(4),
"PUBLIC PARKING FEE" TO PROVIDE A TIME PERIOD IN
WHICH A REQUEST FOR IN LIEU OR PUBLIC PARKING
FEES SHALL BE VALID AND THE CHARGE FOR SUCH
FEES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on June 18, 2007, and voted
5 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 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 the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9(E), "Location of Parking Spaces", Subsection
4.6.9(E)(3), "In-Lieu Fee", 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:
(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 3. That Section 4.6.9(E), "Location of Parking Spaces", Subsection
4.6.9(E)(4), "Public Parking Fee", 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:
(i) Requests to allow public parking 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 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2007.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: JUNE 18, 2007
AGENDA ITEM: IV .A
ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR)
SECTIONS 4.6.9(E)(3) - IN-LIEU FEE AND 4.6.9(E)(4) - PUBLIC
PARKING FEE ESTABLISHING AN EXPIRATION PERIOD AND
CLARIFYING THE AMOUNT DUE FOR IN-LIEU OF PARKING OR
PUBLIC PARKING FEE REQUESTS SUBMITTED INDEPENDENTLY OF
A SITE PLAN OR SITE PLAN MODIFICTION.
ITEM BEFORE THE BOARD
The item before the Board is to forward a recommendation to the City Commission regarding a
City initiated text amendment establishing an expiration period and clarifying the amount owed for
in-lieu of parking or public parking fee requests submitted independently of a site plan modification
or site plan, pursuant to LDR Section 2.4.3(K)(1)(cc).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUNDlANALYSIS
City Commission, at its meeting of January 2, 2007, approved Ordinance 80-06 which created an
application process allowing in-lieu of parking and public parking fee requests to be submitted
independently of a site plan modification or site plan. This ordinance was a development friendly
text amendment intended to save property owners and developers time and money by getting
approval for in-lieu of parking or public parking fee spaces without requiring costly engineering,
architectural and other associated plans, prior to knowing whether or not a project would be
approved without adequate parking.
During the review of a recent request, (177 Pineapple Grove Way), the Parking Management
Advisory Board raised a concern that property owners could potentially "bank" spaces by having
them approved at the current rate and not use them until the future, when the rates may have been
increased. This concern was shared by all other boards that reviewed the request. The consensus
of the boards was to establish an expiration date for such requests. Additionally, it was suggested
that approved requests pay the prevailing rate at the time payment is required, i.e. issuance of a
building permit for the associated site plan modification or site plan.
The City Commission, at its meeting of May 1, 2007, approved the request from 177 Pineapple
Grove Way on the condition that atwo-year expiration, from the time of approval, be imposed and
if the cost of spaces were to change within that time period, the prevailing fee would apply at the
time payment is required.
The following verbiage will be included as subsections to the appropriate code sections:
That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(3), "In-Lieu Fee", 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:
' Planning & Zoning Board Staff Report, June 18, 2007
LDR Amendment -Establishing An In-Lieu Fee And
Public Parking Fee Expiration Period And Rate
(f) Reauests to allow in-lieu fee payments that are not associated with a site plan or a
site plan modification shall expire two vears 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.
That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(4), "Public Parking Fee",
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:
Requests to allow public parking fee payments that are not associated with a site
plan or a site plan modification shall expire two vears 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.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted. While the In-Lieu of Parking Fee Program is not specifically mentioned in the
Comprehensive Plan, it is not inconsistent with the stated Goals, Objectives and Policies of the
plan.
REVIEW BY OTHERS
Parking Management Advisory Board (PMAB): At it's meeting of May 22, 2007, the Board
unanimously recommended approval of the proposed text amendment.
Pineapple Grove Main Street Board: At its meeting of June 6, 2007, the Board, while lacking a
quorum, unanimously forwarded a consensus concurring with the PMAB recommendation.
Downtown Development Authority (DDA): At its meeting of June 11, 2007, unanimously
recommended approval of the proposed text amendment.
West Atlantic Redevelopment Coalition (WARC): At its meeting of June 13, 2007, the Board
unanimously recommended approval the proposed text amendment.
Community Redevelopment Agency (CRA): At its meeting of June 14, 2007, the Board
unanimously recommended approval of the proposed text amendment.
RECOMMENDED ACTION
By motion, recommend approval of the proposed ordinance establishing an expiration period and
clarifying the fee to be paid for in-lieu of parking and public parking fee requests approved
independently of an associated site plan modification or site plan, by adopting the findings of fact
and law contained in the staff report, and finding that the proposed ordinance, and approval
thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Ordinance
2
~ ~ ; ~ a.>h,e r~~
Boca Raton/Delray Beach News -Friday-Saturday, July 13-14, 2007 • www.bocanews.com 10
CfrY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING I
A PUBLIC HEARING will be held orb
the following proposed ordinance at111I1
7:00 p.m. on TUESDAY, JULY 24;
2007 or at any continuation of such
meeting which is set by th
Commission), in the City Commission
Chambers, 100 N. W, ist Avenue, Del
ray Beach, Florida, at which lime the
City Commission will consider it
adoption. The proposed ordinanc
may be inspected al the OKce of they
City Clerk at City Hall, 700 N.W. is
Avenue, Delray Beach, Florida, be~
tween the hours o1 8:00 a.m. and 5:
p.m., Monday through Friday, excep
holidays. All interested parties are m
vited to attend and be heard with ref
spect to the proposed ordinance.
ORDINANCE N0.23-07
AN ORDINANCE OF THE CITY COM
MISSION OF THE CITY OF DELRA
BEACH, FLORIDA, AMENDING THEI
LAND DEVELOPMENT REGULA
TIONS OF THE CODE OF ORDI-~ ~
NANCES, BV AMENDING SECTIONI "
4.6.9(E), "LOCATION OF PARKINGI 1
SPACES", SURSECTION 4.6.9(E)(3), I
"IN-LIEU FEE", AND SUBSECTION 1
4.6.9(E)(4), "PUBLIC PARKING FEE' I
TO PROVIDE A TIME PERIOD I
WHICH APPROVED IN LIEU OR
PUBLIC PARKING FEES SHALL B '
VALID AND THE CHARGE FOR ~
SUCH FEES; PROVIDING A SAVING ',
CLAUSE, A GENERAL REPEALER'
CLAUSE, AND AN EFFECTIVE'
DATE.
Please be advised Ihat i1 a person de- I
tides to appeal any decision made b
the City Commission with respect t ~.
any matter considered al these hear-
ings, such person may need to ensur ~
that a verhatim record includes th ~,
testimony and evidence upon whit ,
the appeal is to be based. The Cit I
does not provide nor prepare suc
record pursuant to ES. 286.0105. ~
CITY OF DELRAY BEACHI
CheveNe D. Nubin, CMC~
City Clerl~
PUBLISH: Friday, Juy 13, 2007 '
Boca RatonlDelray Beach News