Ord 04-99 ORDINANCE NO. 4-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS" SUBSECTION
,
4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING
REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, A SUNSET CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission has determined that in lieu of
fees serve the public interest by contributing toward relieving the
parking problem in the City's CBD, CBD-RC, OSSHAD and GC (West
Atlantic Avenue Overlay) zoning districts; and
WHEREAS, the City Commission has determined that the amount
of in lieu of fees paid for a particular property should be based
upon the location of the property for which in lieu of fees are
sought; and
WHEREAS, the City Commission has determined that funds from
the in lieu of fees shall be used for parking purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That Chapter Four "Zoning Regulations",
Article 4.6, "Supplemental District Regulations", Section 4.6.9,
"Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of
Parking Spaces", of the Land Development Regulations of the City of
Delray 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 parkinq may be used to
offset the total dollar amount due under an in-lieu fee aqreement
with the City.
(2) Required off-street parkin9 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:
(a) The in-lieu fee is authorized only in the
, OSSHAD and GC (West Atlantic
CBD CBD-RC,
Avenue Overlay District) zoning districts in
compliance with the supplemental district
regulations provisions therein.
~~ 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:
(1) Area 1: Parcels located east of the
Intracoastal Waterway which are zoned
CBD - $14,000 per space.
(2) 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) Parcels located within the West
Atlantic Avenue Overlay District which
are zoned GC - $4,000 per space.
- 2 - Ord. No. 4-99
All proceeds from such a fee shall be used
for parking purposes.
For those parcels located in Area 1 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 Aqreement 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 payraent schedule.
,~ - 3 - Ord. No. 4-99
(e) In addition to in-lieu fees due, where
adec[uate right-of-way exists adjacent to a
proposed pro~ect 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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 4 - Ord. No. 4-99
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
Section 5. That this ordinance shall automatically sunset
and be repealed two years from the date of its final adoption, unless
the City Commission, after review, acts to reenact the ordinance.
Repeal of the ordinance shall not affect In-Lieu of Parking Fee
Agreements entered into prior to repeal of the ordinance and all
in-lieu fees owing to the City upon repeal of the ordinance shall be
paid' as set forth in this ordinance and in the In-Lieu of Parking Fee
Agreements.
PASSED AND ADOPTED in regular session on second and final
reading on this the 2nd day of February , 1999.
,' ATTEST:
~City-~l~rk t
First Reading January 19t 1999
Second Reading February 2, 1999
- 5 - Ord. No. 4-99
BOca Raton News, Friday, January 22, 1999
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mh_NAGER~
SUBJECT: AGENDA ITEM #10~- REGULAR MEETING OF FEBRUARY 2, 1999
ORDINANCE NO. 4-99 (IN LIEU OF PARKING REGULATIONS)
DATE: JAi~UARY 29, 1999
This is second reading and a public hearing for Ordinance No. 4-99
which amends LDR Section 4.6.9(E), "Location of Parking Spaces",
to provide for revised in lieu of parking regulations. This
ordinance reflects the direction provided by the City Commission
at the January 12th workshop.
In summary, the in lieu of parking fee option remains available in
four areas and at four rates, as follows:
CBD (East of Intracoastal) $14,000/space
CBD (West of Intracoastal) $12,000/space
Pineapple Grove/OSSHAD $ 6,000/space
West Atlantic Avenue $ 4,000/space
The option to finance the fees for the east and west CBD areas has
been eliminated. Financing with no interest remains available for
Pineapple Grove, OSSHAD and the West Atlantic Avenue areas as an
additional redevelopment incentive.
A sunset date of two years is provided in the ordinance. The in
lieu fee option will be reevaluated at that time to determine if
it is still necessary.
Also, the changes to the parking requirements for restaurants in
the CBD has been deleted from the ordinance. That issue will be
studied separately for future consideration.
At first reading on January 19, 1999, the Commission passed the
ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 4-99 on second and final
reading.
ref:agmemol2 ~. ~)¢~/~ ~~
· o:
THRU: DIANE DOMINGUEZ, P & Z DIRECTOR
FROM: RONALD R. HOGGARD, JR., SENIOR PLANNER '~L ~~.-
SUBJECT: CITY COMMISSION MEETING OF JANUARY 19, 1999
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR'S)
DEALING WITH IN-LIEU PARKING FEE PROVISIONS.
The second reading of the ordinance amending the in-lieu parking fee regulations was
considered at the December 7, 1998 City Commission meeting. Several representatives of
Pineapple Grove Mainstreet attended the meeting and spoke in opposition to the proposed
ordinance to increase the in-lieu parking fee from $6,000 to $12,000. Opposition was also
expressed by the CRA Director and others involved in downtown redevelopment efforts,
because of concerns that the fee increase and revisions to restaurant parking regulations were
excessive. The City Commission decided to table action on the ordinance until January in order
to give the Parking Management Advisory Board (PMAB) an opportunity to review the fee
options and consider using different fees for each area based on cost.
The Parking Management Advisory Board reviewed the proposed in-lieu fee provisions for a
second time at its meeting of January 4, 1999. Discussion was limited to the fee schedule,
financing provisions and restaurant parking requirements. No changes were proposed for the
other provisions of the ordinance. It was recommended that the proposed changes in parking
regulations for restaurants be deleted from the proposed ordinance for additional study.
The Board discussed financing issues, and whether or not interest should be charged. Under
the financing schedule recommended by the PMAB, 50% of the fee would be due at signing of
the agreement, 0% due on the first anniversary date, 25% on the second anniversary date and
25% on the third anniversary date. This schedule gives the developer 2 years to recover from
the initial payment before the second payment is due.
Discussion on the fee amount was centered on whether or not to have one fee or divide the
area into districts with fees based on land values. The Board recommended dividing the area
into four districts with the following fee schedule: CBD, East of Intracoastah $14,000; CBD,
West of Intracoastal - $12,000; Pineapple Grove Mainstreet and OSSHAD - $7,000; and, the
West Atlantic Avenue Redevelopment Area - $5,000.
The City Commission discussed the recommendations of the PMAB at its January 12, 1999
Workshop. The Commission felt that additional incentives were necessary to encourage
redevelopment within Pineapple Grove Mainstreet, OSSHAD and the West Atlantic Avenue
Redevelopment Area. Staff was directed to reduce the fees by approximately 20% in these
areas. The Commission also directed staff to eliminate the option to finance the fees for the
east and west CBD areas. Pineapple Grove Mainstreet, OSSHAD and the West Atlantic
Avenue Redevelopment Area would retain the option to finance the fees as an additional
redevelopment incentive. The Commission agreed with the PMAB that no interest should be
charged when the fees are financed. The Commission also agreed that changes to the parking
'
','o~
City Commission Documentation
Meeting of January 19, 1999 - In-Lieu Parking Fees
Page 2
requirements for restaurants in the CBD be deleted at this time. The Commission directed staff
to include a sunset date of 2 years in the proposed Ordinance. The in-lieu fee option will be
reevaluated at that time to determine if it is still needed as a redevelopment incentive.
The final fee structure included in the proposed ordinance is as follows:
CBD - East of Intracoastal $14,000
CBD -West of Intracoastal $12,000
Pineapple Grove and OSSHAD $ 6,000
West Atlantic Avenue $ 4,000
By motion, approve the proposed amendments to LDR Section 4.6.9(E), Location of Parking
Spaces, as attached, based on a finding that the amendment furthers the goals, objectives and
policies of the Comprehensive Plan which relate to the revitalization of the downtown area.
Attachments:
· Proposed In-Lieu Fee District Map
· Proposed LDRAmendment
[ITY OF DELRI:iY BEI:IEH
CITY ATTORNEY'SOFFICE ~00 Nw ,st AVENUE. DELR^¥ BEAd., FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City MEMOI~UM
1993
TO: City Commission
David T. Harden, City Manager
FROM: Jay T. Jambeck, Assistant City Attorne~~r
SUBJECT: In-lieu Fee Ordinance.
Attached is the proposed in-lieu fee ordinance with the changes as recommended
by the City Commission in its workshop meeting of January 12, 1999. These changes
are detailed in the memorandum by Ron Hoggard.
Please have this item placed on the January 19, 1999 agenda.
Attachment
cc: Alison MacGregor Harty, City Clerk
Ron Hoggard, Senior Planner
ORDINANCE NO. 4-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E),
"LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR REVISED IN LIEU OF PARKING REGULATIONS; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, A SUNSET
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that In-lieu fees
serve the public interest by contributing toward relieving the parking
problem in the City's CBD, CBD-RC, OSSHAD and GC (West Atlantic Avenue
Overlay) zoning districts; and
WHEREAS, the City Commission has determined that the amount
of in-lieu fees paid for a particular property should be based upon the
location of the pr6perty for which in-lieu fees are sought; and
WHEREAS, the City Commission has determined that funds from
the in-lieu fees shall be used for parking purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(E), "Location of Parking
Spaces", of the Land Development Regulations of the City of Delray
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 recuirements of Section 4.6.9(E) (3) (e),
the cost of construction of additional on-street public parking
may be used to off-set the total dollar amount due under an in-
lieu fee aqreement 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:
(a) 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) Thc fee is hcrcby cstablishcd at $~,000 pcr
spacc. 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:
Area 1: Parcels located east of the
Intracoastal Waterway which are zoned CBD
- $14,000 per space.
(2 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 Mainstreet
area - $12,000 per space.
(3 Area 3: Parcels located within the OSSHAD
zoning district and parcels located
within the Pineapple Grove Mainstreet
area which are zoned CBD or CBD-RC -
$6,000 per space.
(4 Area 4: Parcels located within the West
2 ORD. NO. xx-99
Atlantic Avenue Overlay District which
are zoned GC - $4,000 per space
(c) Ail proceeds from such a fee shall be used for
parking purposes.
(d) For those parcels located in Area 1 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. The
~-lieu fcc may bc ~ ~ ^~^ ~ .... ~
3 ORD. NO. xx-99
installments. Installment payments may bc made
....... ~ year period ~ ~ ......... ~
~ paymc id be ~ ......... ~~
~~^~* agreement The remaining
~ ............................. ~. No interest
~ ~ ~^ chargcd during tho first +~^ (3)
......... , ...... ~ ........... rat~ of
....... paymcats fi~c ...... ~.. ten.
(e) 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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
4 ORD. NO. xx-99
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective upon
its passage on second and final reading.
Section 5. That this ordinance shall automatically sunset
and be repealed two years from the date of its final adoption, unless
the City Commission, after review, acts to reenact the ordinance.
Repeal of the ordinance shall not affect In-Lieu of Parking Fee
Agreements entered prior to repeal of the ordinance and all In-Lieu
Fees owing to the City upon repeal of the ordinance shall be paid as
set forth in this ordinance and in the In-Lieu of Parking Fee
Agreements.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
5 ORD. NO. xx-99
GREATER
DELRAY BEACH
Chamber of Commerce
To: Delray Beach City Commissioners
From: William J. Wood, 561/279-1380 X14
Subject: In-lieu Parking Fee Revisions
Date:. February 2, 1999
The "In-lieu parking fee" seems to be one of the city's most misunderstood economic
development tools. It has enabled growth and prosperity in the downtown that
otherwise would not have occurred. It provided property owners or developers the
opportunity to build or renovate in our decidedly mature downtown by literally "paying
for parking spaces in-lieu of providing them." Without it, the Delray Beach Library
renovation and expansion would not have happened. They bought twenty-four spaces
that were impossible to provide at the current location. Java Bean Junction bought two
spaces. Cafb LaBoheme bought one, as did Caf~ Luna Rosa. As a tool for economic
development, it provides the opportunity for entrepreneurs to - affordably - gamble or
take a chance on succeeding in downtown.
And, it has served us very well; the results are visible. Our popular downtown draws
residents and visitors from near and far with its diverse offerings in the way of shops,
galleries, restaurants and entertainment venues. They come to enjoy the fabric that is
Delray--a traditional downtown with lots of choices to mix and mingle--to see and be
seen. Its success has also led to higher property values throughout the entire city--not
just the downtown.
Of course, this success has also led to some serious parking difficulties. While "In-lieu"
has been a very successful economic development incentive, it has became obvious
that change is needed to keep pace with the new demands of our parking resources.
That's how we got to where we are today.
We support the changes that more accurately reflect the actual cost for additional
spaces by utilizing different fees in the four districts. However, as we await the results
of the Rich study on the beach, we are concerned about assigning values and
64 SE 5th Avenue Delray Beach, FL 33483 5611279~1380, ext 14
bwood~lelraybeach.com
restrictions for that section prematurely. We request a second look be taken at the
beach situation in light of the study's findings.
As we feel "in-lieu," even in its revised form, will serve our city as a valuable economic
development incentive tool, we cannot support the "sunset" feature of the revision and
respectfully request your consideration in revising that section. As economies are
cyclical in nature, we strongly caution against eliminating the tool altogether. We also
suggest that the three year payment schedule be uniform in all four districts.
The revised "in-lieu" in Areas 1 and 2, are not incentives at the proposed rates,
particularly for large projects. They truly encourage developers to find parking as
opposed to paying for non-existing spaces. For example, one of our members, a long
time resident and downtown business leader, researched a renovation of his business.
To meet parking requirements using revised "in-lieu" rates added $40 per square foot
to the project, making it too cost prohibitive to proceed.
Having this tool, however, does provide unique opportunities, particularly for some
smaller businesses, which allows Delray to be a little more flexible than neighboring
cities. We hope you will make the appropriate adjustments to this valuable tool.
64 SE 5th Avenue Delray Beach, FL 33483 561/279-1380, ext 14
bwoodi~delraybeach.com