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Ord 34-07~~ / 1 ORDINANCE N0.3407 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AND AMENDING SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F~(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTNE DATE. WHEREAS, the Ciry Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the Ciry Commission of the Ciry of Dekay Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, the Ciry Commission of the City of Delray Beach is mindful of the critical need to provide adequate parking to support the CBD and aware of significant advances in the design, construction and operation of single level mechanical parking lifts which have the effect of doubling the number of parking spaces within the same area of floor space used for parking. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the Ciry Commission of the Ciry of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the Ciry 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: '0 1. That Section 4.4.13 "Central Business (CBD) District", Subsection 4.4.13(C) "Accessory Uses And Structures Permitted" of the Land Development Regulations of the Code of Ordinances of the Ciry of Dekay Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a non- residential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. X71 Single level mechanical parking; lifts for in-fill development projects. pursuant to the requirements of Sections 4.6.9~D (11) and 4.6.9(Fl(_4). n 2. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards", Subsection 4.6.9(D)(1) "General Design Concepts" of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: (1) General Design Concepts: The following concepts shall be applied in the Layout and design of parking lots: (a) Parking spaces should be located and arranged in such a manner as to facilitate pedestrian access to the uses they are intended to serve. In general, parking spaces should be distributed proportionately to needs. 2 ORD. NO.34-07 1 f (b) Employee parking should be located in the area least desirable for customer or short-term parking. (c) Compact car parking, where allowed, should be integrated throughout a parking lot in such a manner that compact and standard cars have equal access to desirable parking spaces. (d) Handicapped spaces are to be provided in accordance with the Florida Accessibility Code for Building Construction and shall be located as close as is practical to the entrances of the buildings they are intended to serve. To the greatest extent possible, they shall be oriented so that a user does not have to go past the rear of other parking spaces or cross an aisle in order to reach the building s main entrance. (~) Singe level mechanical ~ i~g, lifts ~`Lifts'~. if utilized. shall be integrrated into an existing or proposed building for the uses they serve and enclosed with three walls and a roof. A maximum of 50% of the required parkin; within anon-residential or the non-residential portion of a multi-use development mavr utilize Lifts. Section 3. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 4.6.9(D)(11) "Mechanical Parking Lifts" to read as follows: Mechanical Parking Lifts: (a) Single level mechanical parking_ Efts 1,"Lifts"~ shall be integrated into a structure for the uses they serve, constructed with at least three walls and a roof. in accordance with Section 4.6.18($~(14).(vil(3~. to provide adequate screening and containment of sound from operation of the lifts for the benefit of adjacent land uses. (b) Lifts may be utilized to provide into but not more than fifty (T~ percent of the required non-residential harking for commercial or mixed-use developments. (c) Lifts and the spaces below them must be operated by an attendant during all hours of operation. Upon closing, the parking attendant shall remove all vehicles from atop and beneath the Lifts and park them in an area where the customer may retrieve their vehicle. At no time shallretrieve their vehicle. At no time shall the~nublic bebe permitted to operate the Lifts. 3 ORD. N0.3407 (d) On-site staging spaces must be provided for the maneuvering of vehicles to facilitate the parking and retrieval of vehicles. At no time shall vehicles be staged within the adjacent.public right-of--way. A minimum of two ~,~gine spaces shall be provided for the first twenty (201 Lifts or less. One ~1) additional stagin4pace shall be provided for every twee 20) additional Lifts or part thereof. (e) Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (oil, condensation from air conditioners, etc.) No wheel or chassis lift mechanisms (historically used at service stations) are permitted. (f) The balance of the required non-residential spaces shall be provided as "self-park" s es. (g) For each lift provided, a minimum of 75 sq. ft. of landscaped area over and above the minimum required ~ code must be provided and shall be located to provide a view corridor for the general uublic. Lots of record having a width less than fifty feet !50'1 shall be exempt from the recauirement of this additional_landsca e open space• (h) The Lifts shall be reg arly and routinely maintained to ensure safety and dependability of operation and ~nimi7ation of operational noise levels. Maximum sound levels shall not exceed applicable thresholds as stipulated in Chapter 99 of the City Code of Ordinances. Section 4. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(F) "Special Provisions" of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended by enacting Subsection 4.6.9(F)(4) "Mechanical Parking Lifts" to read as follows: (4) Mechanical Parking Lifts: (a) Andmechanic al lift parkin s utilized to meet ,parking requ irements set forth in sections 4.4.13 and 4.6.9 sha ll be governed by an agreement with the City (in such form as may be a~pro ved by the C~ Attorney,), and recorde d in the public records z of Palm Beach County. The agreement shall constitute a covenant running with the land, binding u pon the owners. heirs, administrators. successors, and assigns. The _ a Qreement may _ be released by the City Commission at suc h time that site plan _ , ~ ~p~roval is obt ained for an alternative parking arrangeme nt which satisfies the pig require ments for sai d use. Section 5. That should any section or provision of this ordinance or any portion thereof, any 4 ORD. N0.34-07 f 1 paragraph, sentence, or word declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts or ordinances in conflict herewith be, and the same hereby are, repealed. Section 7. 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 18''" day of September, 2007. `~0~~ MAYOR ATTEST: C~• - Ciry Clerk First Reading ~~ Second Reading ` ORD. N0.34-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", and Section 4.6.9, "Off-Street Parking Regulations", to permit the use of parking lifts. BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 34-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 34-07 on second and final reading. S:\City Ckdc\AGENDA COVER MEMOS\Ckdinance Agenda Memos\O~d'J4-07 PaTlcing Lifts -Central Bus Diatria?nd Reading 09.1R07.doc ORDINANCE NO. 34-07 (SECOND READING/SECOND PUBLIC FIEARING~, MEMORANDUM TO: MA R A D CITY COMMISSIONERS FROM: _ COTT ARONSO ,PARKING MANAGEMENT SPECIALIST < PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER ~~~~^~ DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # ~ O-J -REGULAR MEETING SEPTEMBER 4, 2007 APPROVAL OF ORDINANCE 34-07 ALLOWING THE USE OF MECHANICAL PARKING LIFTS TO MEET REQUIRED PARKING FOR IN-FILL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT ITEM BEFORE COMMISSION The item before the City Commission is approval of an amendment to Land Development Regulations (LDR) Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F) allowing the use of mechanical parking lifts as a means of providing required parking for in-fill development in the Central Business District (CBD) as outlined in Ordinance 34-07. BACKGROUND A long standing challenge to facilitating in-fill development in the CBD has been the provision of sufficient parking. Due to the small size of existing in-fill lots development potential is quite limited by current parking requirements. In an effort to resolve this issue, a privately initiated petition to amend the LDR to allow the use of mechanical parking lifts has been submitted. The proposed amendment allows the use of lifts when they are contained in a structure for the uses they serve and have at least three walls and a roof. The attached Planning & Zoning staff report describes, in detail, additional regulations under which these lifts may be used. LDR Section 2.4.5(M)(5) requires that positive findings be made that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. A review of the Comprehensive Plan shows the amendment to meet these criteria in accordance with Policy C.4-1 of the Future Land Use Element in that it encourages the revitalization of the CBD by addressing, among other things, incentives for mixed-use development, rehabilitation of the district and accommodating parking needs through innovative actions. There was no public comment in response to this matter at the public hearing held at the Planning & Zoning Board meeting of August 20, 2007 REVIEW BY OTHERS The Community Redevelopment Agency, West Atlantic Redevelopment Coalition, Pineapple Grove Main Street Board and Planning & Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed text amendment. The Parking Management Advisory Board and Downtown Development Authority, at their respective meetings, both recommended approval in a 6 -1 vote (David Cook dissenting). RECOMMENDATION By motion, approve on first reading Ordnance 34-07 amending Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F) allowing the use of mechanical parking lifts to provide required parking for in-fill development in the CBD by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M)(5) of the Land Development Regulations. Attachments: Planning & Zoning Staff Report dated August 20, 2007, and Ordinance 34-07 ORDINANCE N0.34-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AND AMENDING SUBSECTION 4.G.9(F~ "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F~(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS 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, the City Commission of the City of Delray Beach is mindful of the critical need to provide adequate parking to support the CBD and aware of significant advances in the design, construction and operation of single level mechanical parking lifts which have the effect of doubling the number of parking spaces within the same area of floor space used for parking. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of 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: '0 1. That Section 4.4.13 "Central Business (CBD) District", Subsection 4.4.13(C) "Accessory Uses And Structures Permitted" of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a non- residential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (7) Single level mechanical ~g lifts for in-fill development projects, pursuant to the rg~uirements of Sections 4.6.9(Dl(11) and 4.6.9(F}(41. Section 2. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards", Subsection 4.6.9(D)(1) "General Design Concepts" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (1) General Desi~m Concepts: The following concepts shall be applied in the layout and design of parking lots: (a) Parking spaces should be located and arranged in such a manner as to facilitate pedestrian access to the uses they are intended to serve. In general, parking spaces should be distributed proportionately to needs. 2 ORD. N0.34-07 (b) Employee parking should be located in the area least desirable for customer or short-term parking. (c) Compact car parking, where allowed, should be integrated throughout a parking lot in such a manner that compact and standard cars have equal access to desirable parking spaces. (d) Handicapped spaces are to be provided in accordance with the Florida Accessibility Code for Building Construction and shall be located as close as is practical to the entrances of the buildings they aze intended to serve. To the greatest extent possible, they shall be oriented so that a user does not have to go past the rear of other parking spaces or cross an aisle in order to reach the building s main entrance. ,(g) Single level mechanical pazking lifts ("Lifts" ),, if utilized, shall be integrated into an existing or }Lroposed building for the uses they serve and enclosed with three walls and a roof. A maximum of 50% of the required pig within anon-residential or the non-residential portion of a multi-use development may utilize Lifts. Section 3. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standazds" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 4.6.9(D)(11) "Mechanical Pazking Lifts" to read as follows: Mechanical Parking Lifts: (a) Single level mechanical paz~k' g lifts ("Lifts' shall be integrated into a structure for the uses they serve, constructed with at least three walls and a roof, in accordance with Section 4.6.18(B~(14),(vil(3~ to t~rovide adequate screening and containment of sound from operation of the lifts for the benefit_of_adiacent land ~Y~~ (b) Lifts may be utilized to Provide up to but not more than fiftv~l50%~percent of the required non-residential parking for commercial or mixed-use developments. (c) Lifts and the spaces below them must be operated by an attendant during hours of operation. Upon closing, the parking attendant shall remove all vehicles from ~p and beneath the Lifts and park them in an area where the customer may retrieve their vehicle. At no time shall the general public be permitted to o grate ~I. ORD. N0.34-07 (d) On-site stages spaces must be provided for the maneuvering of vehicles to facilitate the p~.g and retrieval of vehicles. At no time shall vehicles be stag within the adjacent public right-of--way. A minimum of two (2) staging spaces shall be provided for the first twenty (20) Lifts or less. One (~ additional stagi~e s~ ace shall be provided for every twenty (20) additional Lifts or part thereof. (e) Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (~ condensation from air conditioners, etc. No wheel or chassis lift mechanisms (historically used at service stations are permitted. (f) The balance of the required non-residential spaces shall be provided as "self-park" spaces. (g) For each lift provide a minimum of 75 sq. ft. of landscaped area over and above the minimum required by code must be provided and shall be located to provide a view corridor for the general public. Lots of record having a width less than fifty feet (50~ shall be exec from the requirement of this additional landscapes Qpen space. (h) The Lifts shall be reg~y and routinely maintained to ensure safety and dependability of operation and nin~*n~7ation of operational noise levels. Maximum sound levels shall not exceed applicable thresholds as stipulated in Chapter 99 of the City Code of Ordinances. 'on 4. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(F) "Special Provisions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 4.6.9(F~(4) "Mechanical Parking Lifts" to read as follows: (4) Mechanical Parking Lifts: (a) Any mechanical lift parking utilized to meet parking requirements set forth in sections 4.4.13 and 4.6.9 shall be~ovemed by an agreement with the City (in such form as may be approved by the Ci Attorneys, and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land. binding~pon the owners. heirs. administrators, successors. and assigns. The agreement may be released by the Ci Commission at such time that site plan approval is obtained for ari alternative parking arrangement which satisfies the parking requirements for said use. Section 5. That should any section or provision of this ordinance or any portion thereof, any ORD. N0.34-07 paragraph, sentence, or word declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts or ordinances in conflict herewith be, and the same hereby are, repealed. Section 7. 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 .2007. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO.34-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AGENDA ITEM: AUGUST 20, 2007 V. D. ITEM: AMENDMENT TO SECTIONS 4.4.13(C), 4.6.9{D) AND 4.6.9(F) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR) TO ALLOW THE USE OF MECHANICAL PARKING LIFTS TO PROVIDE REQUIRED PARKING FOR IN-FILL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT (CBD) ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to LDR Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F), to allow the use of mechanical parking lifts to provide required parking for in-fill development in the Central Business District (CBD), pursuant to LDR Section 2.4.5(M)(5). 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. BACKGROUND/ANALYSIS A long standing challenge to facilitating in-fill development in the Central Business District (CBD) has been the provision of sufficient parking. In an effort to resolve this issue, a privately initiated petition to amend the LDR to allow the use of mechanical parking lifts has been submitted. The proposed amendment allows the use of lifts when they are contained in a structure with at least three walls and a roof. The following synopsis describes additional regulations under which these lifts may be used: o Lifts may be used for non-residential or the commercial component of mixed-use in-fill developments; o Lifts must be incorporated into buildings for the uses they serve, which are constructed with a minimum of three (3) walls and a roof to provide adequate screening in accordance with Section 4.6.18(B)(14)(vi)(3) and contain any noise associated with their utilization to mitigate negative impacts to adjacent land uses; o Only Single level lifts may be used. No lifts exceeding 1 (one) vehicle above ground are permitted; o Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (oil, condensation from air conditioners, etc.). No wheel runner or chassis lift mechanisms (historically used at service stations) are permitted; o Use of lifts for up to 50% of the required parking for the non-residential component of a mixed-use development or up to 50% of a commercial development is permitted. Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Parking Lifts o Lifts may not be used for the parking or storage of vehicles associated with the required parking for any residential component including guest parking; o Lifts, and the spaces beneath them, must be operated by parking attendants only. A parking attendant must be on duty to operate the lifts at all times during the hours of operation of the commercial use. In mixed-use developments lifts must be made inaccessible upon closing of the non-residential component and dismissal of the parking attendant; o For each lift provided, a minimum of 75 sq. ft. of landscaped area, over and above the minimum required by code, must be provided; and shall be located to provide a view corridor for the general public. Lots of record having a width less than fifty feet (50') shall be exempt from this additional landscape /open space requirement; o An on site staging area must be provided for the maneuvering of vehicles to facilitate the parking and retrieval of vehicles. A minimum of two (2) parking spaces, dedicated solely to staging, must be provided for the first 20 lifts, or portion thereof. One (1) staging space for each additional 20 lifts, or portion thereof, must also be provided; o The remaining spaces must be made available for self parking of vehicles for patrons not wanting to valet their vehicles. These spaces may not be located above or beneath the mechanical parking lifts; o Upon closing, the parking attendant shall remove all vehicles from atop and beneath all lifts and park them in an area where customers may retrieve their vehicles; o Regular maintenance of the lifts shall be conducted to ensure dependability of the mechanisms and control noise emissions which, at all times, must comply with Chapter 99 of the City Code of Ordinances which regulates noise; and o Properties using mechanical parking lifts must enter into an agreement with the City constituting a covenant running with the land binding owners, heirs, successors, administrators and assigns to comply with the requirements of this ordinance. Staff has been working with the applicant to create this text amendment and supports the proposed amendment to allow the use of mechanical parking lifts to meet a percentage of required parking for non-residential, and the commercial component of mixed-use in-fill developments in the CBD. 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. Policy C-4.1 of the Comprehensive Plan speaks of facilitating and encouraging revitalization of the CBD by addressing, among other things, incentives for mixed-use development and rehabilitation of the district and accommodating parking needs through innovative actions. The use of mechanical parking lifts allows two (2) vehicles to be parked within the same footprint. Compacting the parking through the use of these lifts will enable the rehabilitation of smaller, substandard lots, within the core area of the CBD where limited parking is available for existing buildings or the limited size of in-fill lots is prohibitive. Therefore, the 3 Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Parking Lifts adoption of this text amendment will further the policies, goals and objectives of the Comprehensive Plan. REVIEW BY OTHERS Parking Management Advisory Board (PMAB): At its meeting of August 13, 2007, the Board in a 6 to 1 vote (Cook dissenting) recommended approval of the proposed ordinance as presented by Staff. Community Redevelopment Agency (CRA): At its meeting of August 15, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. Downtown Development Authority (DDA): At its meeting of August 13, 2007, the Board in a 6 to 1 vote (Cook dissenting) recommended approval of the proposed ordinance as presented by Staff. West Atlantic Redevelopment Coalition (WARC): At its meeting of August 8, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. Pineapple Grove Main Street Board: At its meeting of August 1, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. RECOMMENDED ACTION By motion, recommend approval of the proposed ordinance modifying LDR Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F) to allow the use of mechanical parking lifts to provide the required parking 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 4 M CITY OF DELRAY BEACI-I NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELQPMENT REGULATIONS TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS The City Commission of the City of Delray Beach, Florida, proposes to adopt the fotbwing ordinance: ORDINANCE N0.3A-O7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORfDA, AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD} DISTRICT", SUBSECTION 4.4.13(C} °ACCESSORY USES AND STRUCTURES PERMITTED°; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SU85ECTfON 4.6.9{D} "DESIGN. STANDARDS", SUBSECTION 4.fi.9(D}(1} "GENERAL DESIGN CONCEPTS"; ENACTING SUBSECTION 4.6.9(D}(11} 'MECHANICAL PARKING LIFTS4; AND AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.fi.9(F} `SPECIAL PROVISIONS", ENACTING SUBSECTION 4.6,9(F}(4) "MECHANICAL LIFTS'; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVInINGABAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. The City Commisson will conduct two (2} Public Hearings for the purpose of aecep6ng public testimony regarding the proposed ordinance. The first Public Hearing will be held on TTr`IESDAY. SEPTEMBER R. 2007 AT 7:00 P.fd. in the Commission Chambers at City Haft, 100 N.W.1stAvenue, Delray Beach; Florida, if the proposed ordinance is passed on first reading, a second Public Hearing wilt be held on TUESDAY. SEPTEMBER 18. ~7 AT :07 o P,I~. (or at any continuation of such me26ng which is set by the Commission} in the Commission Chambers at City Hail, 100 N.W. 1st Avenue, Delray Beach, Fonda. A0 interested atizens are invifed to attend the public hearings and comment upon the proposed ordinance ar submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a ropy at the proposed ordinance, please contact the Planning and Zoning Department, City Halt, 100 N.W. 1st Avenue, Delray Beach, Florida 33494 (email at pzmait@mydeiraybeach.com} ar by calling 5611243-70417), t~efween the hours of 8:00 a.m. and 5:fl0 p.m., Monday through Friday, excluding holidays. Please be advised that 'rf a person decides to appeal any decision made by the City Commission with respec# to any matter considered at these hearings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record pursuant to F S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk PUBLISH: Monday, August 27, 2007 Tuesday, September 11, 2007 Boca RatonlDetray Beach News CC ` ~a-~e(dw ~'`~' ~.e.,~.t , ~~ ,•9 ~e~da- c c ~, ~ ac,-e ~ da- CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO E 0 U N 3 a~ c U O r` 0 0 N N iv E n cn T R a a a~ 3 a a~ 3 z t U ~v a~ m a~ e 0 ~o 0 m CONDITIONS The City Commission of the City of Defray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE N0.34-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS", SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS"; ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AND AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS", ENACTING SUBSECTION 4.6.9(F)(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE ANDAN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will beheld on TUESDAY. SEPTEMBER 4.2007 AT 7:00 P.M._ in the Commission Chambers at City Hall, 100 N.W. 1stAvenue, Delray Beach, Florida. ff the proposed ordinance is passed on first reading, a second Public Nearing will be held on TUESDAY. SEPTEMBER 18, 2007 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by calling 5611243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at these hearings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk PUBLISH: Monday, August 27, 2007 Tuesday, September 11, 2007 Boca RatonlDelray Beach News