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Ord 17-03ORDINANCE NO. 17-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEl,RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (IS), "LOCATION OF PARKING SPACES", PROVIDING THAT OWNERS OF PARCEI~ LOCATED IN AREA I AND AREA 2 IN ADDITION TO AREA 3 AND AREA 4 MAY PAY IN-LIEU FEES IN INST.AI.IMENTS THROUGH AN IN-LIEU OF PARKING FEE AGREEMENT AND THAT ~AI.I. IN-LIEU FEES PAID IN FUI.I. SHAI.I. BE DUE UPON THE ISSUANCE OF A BUILDING PERMIT; 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 16, 2003 and voted 6 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Location of Parking Spaces", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public tight-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e), the cost of construction of additional on-street public parking may be used to offset the total dollar amount due under an in-lieu fee agreement with the City. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See page 4646 - A for corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area - $12,000 per space. (3) Area 3: Parcels located within the OSSHAD zoning district and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - $6,000 per space. (4) Area 4: Parcels located within the West Atlantic Avenue Overlay District which are zoned GC - $4,000 per space. (c) All proceeds from such a fee shall be used for parking purposes. property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. ...... v .............. Area ~ c.z A-ca 4, t-_The in-lieu fee may be paid in full -' ..U ~ ..... ............ n upon issuance of a building permit -t't' ....... or in installments. Applicants for an in-lieu fee which is not 2 ORD. NO. 17-03 paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs, but in no event to exceed total in-lieu fees, for these on-street spaces including street lighting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streetscape beautification elements in the public right-of-way. Beautification improvements may include, but are not limited to, paverbrick walkways, street furniture and landscaping. Credit may not be taken for those streetscape elements listed in Section 4.4.13(I)(2)(f) which are required to meet the performance standards for new developments in the CBD which exceed 30 dwelling units per acre. Neither credit for construction of on-street spaces, nor credit for construction of beautification elements shall be reimbursed until such construction has been fully completed. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 ORD. NO. 174)3 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same axe hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED, ZJ~N~.~,_~, ADOPTED in regular session on second and final reading on this the City Clerk First Readin:z~ Second Reading~,,~,~~/ 4 ORD. NO. 17-03 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ]~~ AGENDA ITEM # ~'~ttD . REGULAR MEETING OF JULY 22, 2003 ORDINANCE NO. 17-03 (AMENDING LDR SECTION 4,6.9(E)(3)(d)) DATE: JULY 18, 2003 This ordinance is before Commission for second reading and second public hearing to amend Land Development Regulations Section 4.6.9(E)0)(d) regarding payment of In-Lieu Parking fees. Ordinance No. 17-03 proposes that owners of parcels located in Areas 1 and 2 have the option to pay in-lieu fees in installments via an "In-Lieu of Parking Fee Agreement" and also provides that any in- lieu payments made in full are due upon the issuance of a building permit. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony and after discussing this amendment the Board voted 6-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). At the first reading on July 8, 2003, the City Commission passed Ordinance No. 17-03. Recommend approval of Ordinance No. 17-03 on second and final reading. S:\City Clerk\chevelle folder\agenda memos\Ord. 17.03.7.22.03 TO: THRU: FROM: SUBJECT: I~T. HA~~,CITY MANAGER P~L~=~..~CTOR OF PLANNING&ZONING 81gl}TT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF JULY 8, 2003 - REGULAR AGENDA AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.6.9(E)(3)(d) WITH REGARDS TO PAYMENT OF IN-LIEU FEES City Commission recently directed staff to review Land Development Regulations (LDR) Section 4.6.9(E)(3)(d) to address a concern that the requirement for payment in full in areas I and 2 might be too burdensome and therefore stifling to development in those areas. Additionally, staff reviewed the requirement that payment be made in full at the time of submission of a building permit application. Staff's review of these two requirements resulted in the following recommendations: 1. Extend the option to pay the in-lieu fee in installments through an approved 'In-Lieu Of Parking Fee Agreement" to property owners in areas 1 and 2 and, 2. For property owners opting to pay in full or lessees of properties, make the payment of the in-lieu fee due upon issuance of a building permit. This shall be achieved by amending LDR Section 4.6.9(E)(3)(d) as outlined in Ordinance 17- 03 (attached). Parking Management Advisory Board (PMAB): The proposed amendment was reviewed by the PMAB on February 25, 2003. The Board unanimously recommended approval. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on March 27, 2003. The Board consensus was to recommend approval. Downtown Development Authority (DDA): The proposed amendment was reviewed by the DD^ on April 16, 2003. The Board unanimously recommended approval. Planning & Zoning (P&Z): The proposed amendment was reviewed by P&Z on June 16, 2003. The Board unanimously recommended approval. By motion, adopt Ordinance 17-03 amending LDR Section 4.6.9(E)(3)(d) extending the availability for property owners in areas I and 2 to pay fees in installments through an approved In-Lieu Of Parking Fee Agreement and change the provision for payments made in full to be due upon issuance of a building permit. Attached: [] P&Z Staff Report I~ Ordinance 17-O3 ORDINANCE NO. 17-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "LOCATION OF PARKING SPACES", PROVIDING THAT OWNERS OF PARCRI$ LOCATED IN AREA 1 AND AREA 2 IN ADDITION TO AREA 3 AND AREA 4 MAY PAY IN-LIEU FEES IN INSTAI.I.MENTS THROUGH AN IN-LIEU OF PARKING FEE AGREEMENT AND THAT AI.I, IN-LIEU FEES PAID IN FULL SHALL BE DUE UPON THE ISSUANCE OF A BUll.DING PERMIT; 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 heating held on June 16, 2003 and voted 6 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Location of Parking Spaces", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking~ parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e), the cost of construction of additional on-street public parking may be used to offset the total dollar amount due under an in-lieu fee agreement with the City. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See page 4646 - A for corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area - $12,000 per space. (3) Area 3: Parcels located within the OSSHAD zoning district and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - $6,000 per space. (4) Area 4: Parcels located within the West Atlantic Avenue Overlay District which are zoned GC - $4,000 per space. (c) All proceeds from such a fee shall be used for parking purposes. (d) property, owners opting to pay in full. or lessees of properties, payment of the in-lieu fee is due upon issuance of a b~ilding permit. ..... r ................. ~ g c.: .a..~.--- a., e in-lieu fee may be paid in full.~A' ,t._~.... ~'__~_~ ...-c o~.~,..~,o....-'~'--:~:-- tapon i~suance o f a building permit · 'rr ....... or in installments. Applicants for an in-lieu fee which is not 2 ORD. NO. 17-03 paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second instullment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. In addition to in-lieu fees due, where adequate fight-of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs, but in no event to exceed total in-lieu fees, for these on-street spaces including street lighting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streetscape beautification elements in the public fight-of-way. Beautification improvements may include, but are not limited to, paverbrick walkways, street furniture and landscaping. Credit may not be taken for those streetscape elements listed in Section 4.4.13Cl)(2)(f) which are required to meet the performance standards for new developments in the CBD which exceed 30 dwelling units per acre. Neither credit for construction of on-street spaces, nor credit for construction of beautification elements shall be reimbursed until such construction has been fully completed. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 ORD. NO. 17-03 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective mediately 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 ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 17-03 MEETING OF: AGENDA ITEM: June 16, 2003 IV.C. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.6.9(E)(3)(d) WITH REGARDS TO PAYMENT OF IN-LIEU FEES The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Land Development Regulations (LDR) to Section 4.6.9(E)(3)(d). This amendment would extend the availability for property owners in areas 1 and 2 to pay fees in installments through an approved "In-Lieu Of Parking Fee Agreement" and change the provision for payments made in full to be due at issuance of a building permit. Land Development Regulations (LDR) Section 4.6.9(E)(3)(d) contains the following requirements for the payment of in-lieu fees: (d) For those parcels located in Area I or Area 2, the in-lieu fee shall be paid in full at the time of submission of a building permit application. For those parcels located in Area 3 or Area 4, the in-lieu fee may be paid in full at the time of submission of a building permit application or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In- Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. City Commission recently directed staff to address a concern that the requirement for payment in full in areas 1 and 2 might be too burdensome and therefore stifling to development in those areas. Additionally, staff reviewed the requirement that payment be made in full at the time of submission of a building permit application. Staff's review of these two requirements resulted in the following recommendations: 1. Extend the option to pay the in-lieu fee in installments through an approved "In- Lieu Of Parking Fee Agreement" to property owners in areas I and 2 and, 2. For property owners opting to pay in full or lessees of properties, make the payment of the in-lieu fee due upon issuance of a building permit. This shall be achieved in LDR Section 4.6.9(E)(3)(d) by amending the following · (d) in fmmll ~'1. +k.~ +;,-,..~ ,.~ o,,k,'.;oo;,-...-.~ .~ k,,;'.~;,.,-, ,..~.-..;' ...,.I;,..~,;,..,. For property owners optinp to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a buildinq permit. For +k ........ m~ ~,-.,-..~.~ '.., A..,., ,~ .,. A.,..~ ,~, t-The in-lieu fee may be paid in full at the t!me cf ..,,.'bm!cc!ct, upon issuance of a building permit appliea-fieR or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findin(is: In addition to the provisions of 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. Future Land Use Policy C-4.1 of the Comprehensive Plan calls for regulations which facilitate and encourage rehabilitation and revitalization in the Central Business District (CBD) Zoning District. The most applicable item this policy addresses is "accommodating parking needs through innovative actions." Extending the availability for property owners in areas I and 2 to pay fees in installments through an approved "In-Lieu Of Parking Fee Agreement" and changing the provision for payments made in full to be due at issuance of a building permit does further the Goals, Objectives, and Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5). Parking Management Advisory Board (PMAB): The proposed amendment was reviewed by the PMAB on FebrUary 25, 2003. The Board unanimously recommended approval. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on March 27, 2003. The Board consensus was to recommend approval. Downtown Development Authority (DDA): The proposed amendment was reviewed by the DDA on April 16, 2003. The Board unanimously recommended approval. City Commission (CC): The proposed amendment was discussed at the City Commission Workshop of May 13, 2003. Commission directed staff to move forward with the recommended amendment and to conduct further review of the program. Recommend approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M)(5). Recommend denial of the proposed amendment, in whole or in part, based upon failure to meet positive findings with LDR Section 2.4.5. 3. Continue with direction. Recommend that the City Commission adopt the attached amendments to LDR Section 4.6.9(E)(3)(d) extending the availability for property owners in areas 1 and 2 to pay fees in installments through an approved In-Lieu Of Parking Fee Agreement and change the provision for payments made in full to be due upon issuance of a building permit. Attachment: [] Proposed Amendment crrY OF DELRAY BEACH AMENDMENTTOTHE LAND 'DEVELOPMENT REGULATIONS SECTION 4.6.9(E)"LOCATION OF PARKING SPACES" P~DING THAT OWNERS OF PARCELS LOCATED IN AREAS 1 THROUGH 4 MAY PAY IN-UEU FEES IN INSTAIJ..MENTSTHROUGH AN IN4JEU OF PARKING FEE AGREEMENT AND THAT ALL IN-UEU FEES PAID IN FULL SHALL BE DUE UPON THE ISSUANCE OF A BUIt.DING PERMIT DELl:lAY BEACH, FLORIDA, AMENDING THE LAND ~- MENT REGULATJONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.6, 'SUPPLEMENTAL DISTRICT REGIJ- LATIONS', SECTION 4.6.9, 'OFF-STREET PARIGNG REGULA- PROVIDING THAT OWNERS OF PARCELS LOCATED IN AREA I AND AREA 2 IN ADDITION TO AREA 3 AND AREA 4 MAY PAY IN- UEU FEES IN INSTALLMENTS THFIOUGH AN IN-UEU OF PARK- lNG FEE AGREEMENT AND THAT ALL IN-UEU FEES PAID IN FULL SHALL BE DUE UPON THE ISSUANCE OF A BUll. DING PERMIT; PROVIDING A SAVING CLAUSE, A GENERAL 2003. AT 7:00 P.M. inthe CommisSion Chambem at City Hall, 100 N.W. Ist Averme, Delray Beach, Flodda. ff the prol~r~z~____ ~ 'r~EsBAY. J~LY ~. ~003. ~'1' 7.-m~ I=.1~ (o~ at any oon~nua~on ol in wri~in~ on or besom ~ cl~ of lh~ ~ lo ~ PImning PI.~O~E BE ADVISED THAT IF: A P~l:k.qON D~GII~$ TO APF~r_AL NqY DEGI,~ MAD~ BY ~ GITY ~ WITH RESPECT TO ANY MATFER CONSIDERED AT 'IHESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVI- DOES NOT PROVIDE NOR PREPARE .SUCH RECORD PUR- SUANT TO ES. 286.0105. Ad ,J~NS60281 . CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTTOTHE LAND ~OPMENT REGULATIONS SECTION 4.6.9(E)"LOCATION OF LOCAl'ED IN AREAS 1 THROUGH 4 MAY PAY IN-MEU FEES IN IN-LIEU OF PARKING FEE AGREEMENT AND THAT ALL IN-IJEU FEES PAID IN FULL SHALL BE DUE ~ THE ISSUANCE OF A BUILDING PERMIT 'lIONS', SUBSECrK)N (E), I. DCATION OF PARKING SPACES', PROVIDING THAT OWNERS OF PARCELS LOCATED IN AREA I AND AREA 2 IN ADDITION TO AREA 3 AND AREA 4 MAY I~Y IN- LIEU FEES IN INSTN. J. MENTS THFIOUGH AN IN4JEU OF PARK- lNG FEE AGREEMENT AND THAT N.L IN~L.IEU FEES PAID IN FULL SHALL BE DUE UPON THE ISSU/~CE OF A BUILDING PERMIT; PFK)VIDING A SAVING CLAUSE, A GENERAL TUESDAY. dULY 22. ;003, AT 7m P.M. (~ at any cofltinunt~ of 561/2437040, beivnNm 1he hours of 6.'00 ant. ancl S.-O0 p.m., Pr. EASE BE ADVISED~ IFA ~ ~$~ HEARffqlGS, SUCH PERSON MAY NEED TO ENSLff:E 11'IAT A crrY OF DELRAY BEACH ,¸0