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
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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
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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