Loading...
Ord 25-99 ORDINANCE NO. 25-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND BEACH BY AMENDING SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", TO AMEND THE PARKING AND STORAGE REQUIREMENTS AS THEY RELATE TO TRUCK PARKING IN THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT WITHIN THE CITY OF DELRAY BEACH; PRROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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 on June 21, 1999, and voted 3 to 4 to forward a recommendation that the text amendment not be adopted; and WHEILF2%S, the City Commission has determined and finds that the proposed text amendment is consistent with and furthers the 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 Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.13, "Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles", of the Land Development Regulations of the City of Delray Beach, is hereby amended by repealing Subsection 4.6.13(B) (1), "Trucks", and enacting a new Subsection 4.6.13(B) (1), "Trucks", to read as follows: (B) Pez~nissible Parking: (1) Trucks: Truck parkinq in residential zoning districts is prohibited except if all of the followin9 restrictions are met: (a Only panel, pickup, van and similar type trucks are allowed in all residential zoninq districts. (b In the R-1-A district, such trucks shall not exceed one and one-half (1-1/2) ton rated capacity, except in the R-1-A zoned section included within the Seacrest/Del- Ida Park Neighborhood Plan, where such trucks shall not exceed three-quarter (3/4) ton rated capacity. In all other residential zoning districts, such trucks shall not exceed three-quarter (3/4) ton rated capacity. (c No more than two (2) trucks may be parked on a lot improved with a residence. For the purposes of Section 4.6.13(B) (1), a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parkinq on vacant lots is otherwise prohibited. (d) Only trucks as defined in this section and used by a resident of the premises are allowed. 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. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. - 2 - Ord. No. 25-99 PASSED AND ADOPTED in regular session on second and final reading on this the 20th day of July , 1999. ATTEST: - ~City C~erk ' First Reading: July 6, 1999 Second Reading: July 20, 1999 - 3 - Ord. No. 25-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM #/L~,/- REGULAR MEETING OF JULY 20~ 1999 ORDINANCE NO. 25-99 (SECOND READING/SECOND PUBLIC HEARING) DATE: JULY 15, 1999 This is second reading and a second public hearing for Ordinance No. 25-99 which amends LDR Section 4.6.13 regarding truck parking in the R-1-A zone district. LDR Section 4.6.13 provides for restrictions on the parking of various types of vehicles {i.e. trucks, boats, etc.) within residential neighborhoods. Regarding trucks, it states that only panel, pickup, van and similar type trucks are allowed, up to a specified size. In the R-1-A zoning districts, trucks may have up to 1-1/2 ton capacity. In all other residential zoning districts, including multi-family zones, truck size is limited to h ton rated capacity. This variance exists because of the practice in many of the City's older, working-class neighborhoods of parking the company truck at home overnight. It was felt that requiring such vehicles to be stored elsewhere would create a burden for many people who have small contracting, landscaping and similar type businesses. In March of 1998, the City adopted the Seacrest/Del-Ida Park Neighborhood Plan. One component of that plan was to rezone the multi-family zoning designations in the study area to single family. Due to the generally small sized lots and the existing development pattern, the R-1-A zoning district was applied. The rezoning was adopted on October 20, 1998. An unintended consequence of that action is that residents of those areas may now park large trucks and commercial vehicles in their driveways. A request was received from the Seacrest Homeowners Association to amend the LDRs to eliminate this provision for their area. In response, the Ordinance No. 25-99 has been proposed. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing on this item at its meeting of June 21, 1999. There was public testimony from the Seacrest Homeowners Association in support of the request and no testimony in opposition. Some of the Board members voiced concerns of persons purchasing R-1-A property without being aware of the text provisions. After discussion, a motion was made to recommend approval; however, that motion failed on a 3 to 4 vote (Bird, McCarthy, Morris, Young dissenting). Staff continues to recommend approval of the proposed text amendment. At first reading on July 6, 1999, the City Commission passed the ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Recommend approval of Ordinance No. 25-99 on second and final reading, based upon positive findings with respect to LDR Section 2.4.5(M) (5) . Ref: Agmemol 9. Ord25-99. TruckParking. R- 1-ADist rict ORDINANCE NO. 25-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", TO AMEND THE PARKING AND STORAGE REQUIREMENTS AS THEY RELATE TO TRUCK PARKING IN THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT WITHIN THE CITY OF DELRAY BEACH; PRROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHERF~S, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on June 21, 1999, and voted 3 to 4 to forward a recommendation that the text amendment not be adopted; and WHEREAS, the City Commission has determined and finds that the proposed text amendment is consistent with and furthers the 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 Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.13, "Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles", of the Land Development Regulations of the City of Delray Beach, is hereby amended by repealing Subsection 4.6.13(B) (1), "Trucks", and enacting a new Subsection 4.6.13(B) (1), "Trucks", to read as follows: (B) Permissible Parking: (1) Trucks: Truck parkinq in residential zoning districts is prohibited except if all of the following restrictions are met: (a) Only panel, pickup, van and similar type trucks are allowed in all residential zoninq districts. (b) In the R-1-A district, such trucks shall not exceed one and one-half (1-1/2) ton rated capacity, except in the R-1-A zoned section included within the Seacrest/Del- Ida Park Neighborhood Plan, where such trucks shall not exceed three-quarter (3/4) ton rated capacity. In all other residential zoning districts, such trucks shall not exceed three-quarter (3/4) ton rated capacity. (c) No more than two (2) trucks may be parked on a lot improved with a residence. For the purposes of Section 4.6.13(B) (1), a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. (d) Only trucks as defined in this section and used by a resident of the premises are allowed. 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. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. - 2 - Ord. No. 25-99 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: - 3 - Ord. No. 25-99 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JUNE 14, 1999 AGENDA ITEM: V.D. AMENDMENT TO LDR SECTION 4.6.13, REGARDING TRUCK PARKING IN THE R-1-A DISTRICT I · . ITEM BEFORE ~THE: BOARD=. · · I The item before the board is that of making a recommendation to the City Commission on a proposed amendment to Section 4.6.13 of the Land Development Regulations (LDRs), Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles. Pursuant to LDR Section 1.1.6, amendments to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. B AC K G R O U N D Section 4.6.13 provides for restrictions on the parking of various types of vehicles (i.e. trucks, boats, etc.) within residential neighborhoods. Regarding trucks, it states that only panel, pickup, van, and similar type trucks are allowed, up to a specified size. In the R-loA zoning districts, trucks may have up to 1% ton capacity. In all other residential zoning districts, including multi-family zones, truck size is limited to % ton rated capacity. This variance exists because of the practice in many of the City's older, working-class neighborhoods of parking the company truck at home overnight. It was felt that requiring such vehicles to be stored elsewhere would create a burden for many people who have small contracting, landscaping, and similar type businesses. In March of 1998, the City adopted the Seacrest/Del-lda Neighborhood Plan. One component of that plan was to rezone the multi-family zoning designations in the study area to single family. Due to the generally small sized lots and the existing development pattern, the R-1-A zoning district was applied. The rezoning was adopted on October20, 1998. An unintended consequence of that action is that residents of those areas may now park large trucks and commercial vehicles in their driveways. A request was received by the Seacrest Homeowners Association to amend the LDRs to eliminate this provision for their area. In response, the attached LDR amendment is proposed. P & Z Memorandum Staff Report Truck Parking in the R-1-A Zone P a g~.e_ 2 The amendment re-states the existing language in the affected section in a listed [(a) through (d)] fashion. Trucks of up to 1% ton capacity will continue to be permitted within the R-1-A district, except within the R-1-A zoned portion of the Seacrest/Del Ida area. This will maintain the prohibition on larger truck parking that existed when the areas were zoned RL and RM. LDR Section 2.4.5(M)(5) (Findings): In addition to 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. The Seacrest/Del Ida neighborhood is classified in the Housing Element of the Comprehensive Plan as a "revitalization" area. Objective A-5 of the Housing Element states the following: "For those areas identified as needing "revitalization" the city shall take measures to prevent further decline, and to help move the neighborhood toward a classification of "stabilization' or "stable." One of the strategies for achieving this objective is described in Policy A-5.5, which states that neighborhood plans are to be developed for these areas. The Seacrest/Del Ida Neighborhood Plan was adopted in order to help stabilize and upgrade an older area of the City that has experienced a transition due to increased traffic and development intensities, and a significant portion of renter-occupied housing. The City, the CRA, and the residents (through a special assessment district) are making a substantial investment in infrastructure improvements, beautification, and traffic calming measures in order to stabilize property values and improve the appearance of the neighborhood. In order to improve drainage and reduce the negative impact of numerous cars parked along the street, paved areas in the swales are to be eliminated and replaced with sod. Street trees will be planted to provide a shade canopy. To allow large trucks and commercial vehicles to be continuously parked on private driveways runs counter to these beautification efforts. I By motion, recommend to the City Commission approval of the amendment to Land Development Regulations Section 4.6.13 Parkinq and Storaqe of Commercial Vehicles, Boats, Trucks, and Similar Vehicles as attached, based upon positive findings with respect to LDR Section 2.4.5(M)(5). Attachments: Proposed LDR Amendment · Letter from Scott Christiansen, President Seacrest Homeowners Association · Letters from Seacrest Area Residents PROPOSED LDR AMENDMENT SECTION 4.6.13 Parkin.q and Stora.qe of Commercial Vehicles, Boats, Trucks, and Similar Vehicles: Subsection (B): Permissible Parkinq: CURRENT LANGUA GE: (1) Trucks: Restrictions on truck parking shall be applicable in all residential zoning districts and shall permit only panel, pickup, van, and similar type trucks, not over 3~ ton rated capacity. In all R-lA zoning districts, the restrictions shall apply to trucks of one and one-half (1-1/2) ton, or greater, capacity. In all residential zoning districts, no more than two (2) trucks may be parked on a lot improved with a residence. Such vehicle must be used by a resident of the premises. For purposes of this section, a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. PROPOSED LANGUA GE: (1) Trucks: Truck parking in residential zoning districts is prohibited except if all of the following restrictions are met: (a) Only panel, pickup, van, and similar type trucks are allowed in all residential zoning districts. (b) In the R-I-A district, such trucks shall not exceed one and one-half (1% ) ton rated capacity, except in the R-I-A zoned section included within the SeacrestJDel-lda NeighborhoOd Plan, where such trucks shall not exceed three quarter (3~4) ton rated capacity. In all other residential zoning districts, such trucks shall not exceed three quarter (3/4) ton rated capacity. (c) No more than two (2) trucks may be parked on a lot improved with a residence. For the purposes of Section 4.6.13(B)(1), a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. (d) Only trucks as defined in this section and used by a resident of the premises are allowed. 713-99 08:30 Executive Office 561-274-2028 P.O1 RECEIVED VIA FAX 561.243.7166 APR I q ;999 CITY MANAGER Mr. David Harden Delray Beach City Manager Delray Beach, Florida 33444 Dear Mr. Harden: It has been brought to my attention that there is a situation that has arisen due to the rezoning in the Seacrest Neighborhood. On 9th, between Seacrest and 3'~, there is an oversized ton and a half truck parking at a residence. Under the prior zoning, this size vehicle was not permit-ted. When the down zoning was implemented, this size is permitted. This does not seem logical or the intent of down zoning. We are requesting that Planning and Zoning review this situation and, if possible, implement changes in regulations to eliminate this situation. We believe this will be further in keeping with the efforts of the City to improve the neighborhood. Your assistance with this matter is greatly appreciated. If we can be of any assistance, please contact me at any time. Sincerely, Scott Christensen President, Seacrest Neighborhood Association " _~__--~7_ ',~., RECEIVED JUN I 5 1999 DON GOODRUM PLAI~,t~ ~ Z0iqlNG 229 N.E. 9 St., Oelray Beach, Flerida 33444 ~"3'" _~<"'t~.~,21;~ Studio: 11:~ S, Federal Hwy,, I~ynton Beach, Florida 3343S (30S) 737-21SS June 14, 1999 Diane Dominquez, AICP Director of Planning and Zoning City Hall 100 N W 1st Avenue Delray Bch., F1 33444 ' Dear Ms. Dominquez: As I can not be at the meeting on 6-21-99, I hope this letter will show my support to an amendment to the R1A Zoning. A year ago my sister, Chris Goodrum, and I met and worked with Mr. Meteer, Mr. Sones and others to remove the over sized trucks from parking on our street. This was our first effort in trying to beautify our neighborhood and keep our property values up. With their help and the planning and zoning department..this happened! The owners were cited and the trucks were removed!! But then "somehow" the streets (five) were rezoned and the trucks were back!! I hope the amendment can rezone and change this unsightly scene. This is a residental neighborhood ..not a commercial one. Please take this into consideration and act upon this as soon as possible. Sincerely, Betty R. Clifton 233 N E 9th St. Delray Bch, Fi 33444 cc: Pat Archer MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #16~/- REGULAR MEETING OF JULY 20~ 1999 ORDINANCE NO. 25-99 (SECOND READING/SECOND PUBLIC HEARING) DATE: JULY 15, 1999 This is second reading and a second public hearing for Ordinance No. 25-99 which amends LDR Section 4.6.13 regarding truck parking in the R-1-A zone district. LDR Section 4.6.13 provides for restrictions on the parking of various types of vehicles (i.e. trucks, boats, etc.) within residential neighborhoods. Regarding trucks, it states that only panel, pickup, van and similar type trucks are allowed, up to a specified size. In the R-1-A zoning districts, trucks may have up to 1-1/2 ton capacity. In all other residential zoning districts, including multi-family zones, truck size is limited to h ton rated capacity. This variance exists because of the practice in many of the City's older, working-class neighborhoods of parking the company truck at home overnight. It was felt that requiring such vehicles to be stored elsewhere would create a burden for many people who have small contracting, landscaping and similar type businesses. In March of 1998, the City adopted the Seacrest/Del-Ida Park Neighborhood Plan. One component of that plan was to rezone the multi-family zoning designations in the study area to single family. Due to the generally small sized lots and the existing development pattern, the R-1-A zoning district was applied. The rezoning was adopted on October 20, 1998. An unintended consequence of that action is that residents of those areas may now park large trucks and commercial vehicles in their driveways. A request was received from the Seacrest Homeowners Association to amend the LDRs to eliminate this provision for their area. In response, the Ordinance No. 25-99 has been proposed. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing on this item at its meeting of June 21, 1999. There was public testimony from the Seacrest Homeowners Association in support of the request and no testimony in opposition. Some of the Board members voiced concerns of persons purchasing R-1-A property without being aware of the text provisions. After discussion, a motion was made to recommend approval; however, that motion failed on a 3 to 4 vote (Bird, McCarthy, Morris, Young dissenting). Staff continues to recommend approval of the proposed text amendment. At first reading on July 6, 1999, the City Commission passed the ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Recommend approval of Ordinance No. 25-99 on second and final reading, based upon positive findings with respect to LDR Section 2.4.5(M) (5). Ref: Agmemo 19. Ord2 5- 9 9. TruckPar king. R- 1-ADist rict ORDINANCE NO. 25-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", TO AMEND THE PARKING AND STORAGE REQUIREMENTS AS THEY RELATE TO TRUCK PARKING IN THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT WITHIN THE CITY OF DELRAY BEACH; PRROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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 on June 21, 1999, and voted 3 to 4 to forward a recommendation that the text amendment not be adopted; and WHEREAS, the City Commission has determined and finds that the proposed text amendment is consistent with and furthers the 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 Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.13, ~Parking and Storage of Commercial VehicLes, Boats, Trucks, and Similar Vehicles", of the Land Development Regulations of the City of Delray Beach, is hereby amended by repealing Subsection 4.6.13(B) (1), "Trucks", and enacting a new Subsection 4.6.13(B) (1), "Trucks", to read as follows: (B) Permissible Parking: (1) Trucks: Truck parking in residential zoning districts is prohibited except if all of the followinq restrictions are met: (a) Only panel, pickup, van and similar type trucks are allowed in all residential zoning districts. (b) In the R-1-A district, such trucks shall not exceed one and one-half (1-1/2) ton rated capacity, except in the R-1-A zoned section included within the Seacrest/Del- Ida Park Neighborhood Plan, where such trucks shall not exceed three-quarter (3/4) ton rated capacity. In all other residential zoninq districts, such trucks shall not exceed three-quarter (3/4) ton rated capacity. (c) No more than two (2) trucks may be parked on a lot improved with a residence. For the purposes of Section 4.6.13(B) (1), a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. (d) Only trucks as defined in this section and used by a resident of the premises are allowed. 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. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. - 2 - Ord. No. 25-99 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: - 3 - Ord. No. 25-99 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JUNE 14, 1999 AGENDA ITEM: V.D. AMENDMENT TO LDR SECTION 4.6.13, REGARDING TRUCK PARKING IN THE R-1-A DISTRICT ITEM BEFORE THE'BOARD . I The item before the board is that of making a recommendation to the City Commission on a proposed amendment to Section 4.6.13 of the Land Development Regulations (LDRs), Parking and Storaqe of Commercial Vehicles, Boats, Trucks, and Similar Vehicles. Pursuant to LDR Section 1.1.6, amendments to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND Section 4.6.13 provides for restrictions on the parking of various types of vehicles (i.e. trucks, boats, etc.) within residential neighborhoods. Regarding trucks, it states that only panel, pickup, van, and similar type trucks are allowed, up to a specified size. In the R-1-A zoning districts, trucks may have up to 1% ton capacity. In all other residential zoning districts, including multi-family zones, truck size is limited to % ton rated capacity. This variance exists because of the practice in many of the City's older, working-class neighborhoods of parking the company truck at home overnight. It was felt that requiring such vehicles to be stored elsewhere would create a burden for many people who have small contracting, landscaping, and similar type businesses. In March of 1998, the City adopted the Seacrest/Del-lda Neighborhood Plan. One component of that plan was to rezone the multi-family zoning designations in the study area to single family. Due to the generally small sized lots and the existing development pattern, the R-1-A zoning district was applied. The rezoning was adopted on October20, 1998. An unintended consequence of that action is that residents of those areas may now park large trucks and commercial vehicles in their driveways. A request was received by the Seacrest Homeowners Association to amend the LDRs to eliminate this provision for their area. In response, the attached LDR amendment is proposed. P & Z Memorandum Staff Report Truck Parking in the R-1-A Zone P a g_.e_ 2 II ANALYSIS J The amendment re-states the existing language in the affected section in a listed [(a) through (d)] fashion. Trucks of up to 1% ton capacity will continue to be permitted within the R-1-A district, except within the R-1-A zoned portion of the Seacrest/Del Ida area. This will maintain the prohibition on larger truck parking that existed when the areas were zoned RL and RM. LDR Section 2.4.5(M)(5) (Findings): In addition to 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. The Seacrest/Del Ida neighborhood is classified in the Housing Element of the Comprehensive Plan as a "revitalization" area. Objective A-5 of the Housing Element states the following: "For those areas identified as needing "revitalization" the city shall take measures to prevent further decline, and to help move the neighborhood toward a classification of "stabilization" or "stable." One of the strategies for achieving this objective is described in Policy A-5.5, which states that neighborhood plans are to be developed for these areas. The SeacrestJDel Ida Neighborhood Plan was adopted in order to help stabilize and upgrade an older area of the City that has experienced a transition due to increased traffic and development intensities, and a significant portion of renter-occupied housing. The City, the CRA, and the residents (through a special assessment district) are making a substantial investment in infrastructure improvements, beautification, and traffic calming measures in order to stabilize property values and improve the appearance of the neighborhood. In order to improve drainage and reduce the negative impact of numerous cars parked along the street, paved areas in the swales are to be eliminated and replaced with sod. Street trees will be planted to provide a shade canopy. To allow large trucks and commercial vehicles to be continuously parked on private driveways runs counter to these beautification efforts. RECOMMENDED ^CT,ON II By motion, recommend to the City Commission approval of the amendment to Land Development Regulations Section 4.6.13 Parkinq and Storaqe of Commercial Vehicles, Boats, Trucks, and Similar Vehicles as attached, based upon positive findings with respect to LDR Section 2.4.5(M)(5). Attachments: · Proposed LDR Amendment · Letter from Scott Christiansen, President Seacrest Homeowners Association · Letters from SeacrestArea Residents PROPOSED LDR AMENDMENT SECTION 4.6.13 Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles: Subsection (B): Permissible Parking: CURRENT LANGUA GE: (1) Trucks: Restrictions on truck parking shall be applicable in all residential zoning districts and shall permit only panel, pickup, van, and similar type trucks, not over % ton rated capacity. In all R-lA zoning districts, the restrictions shall apply to trucks of one and one-half (1-1/2) ton, or greater, capacity. In all residential zoning districts, no more than two (2) trucks may be parked on a lot improved with a residence. Such vehicle must be used by a resident of the premises. For purposes of this section, a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. PROPOSED LANGUAGE: (1) Trucks: Truck parking in residential zoning districts is prohibited except if all of the following restrictions are met: (a) Only panel, pickup, van, and similar type trucks are allowed in all residential zoning districts. (b) In the R-1-A district, such trucks shall not exceed one and one-half (1% ) ton rated capacity, except in the R-1-A zoned section included within the Seacrest/Del-lda NeighborhoOd Plan, where such trucks shall not exceed three quarter (3/4) ton rated capacity. In all other residential zoning districts, such trucks shall not exceed three quarter (3/4) ton rated capacity. (c) No more than two (2) trucks may be parked on a lot improved with a residence. For the purposes of Section 4.6.13(B)(1), a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. (d) Only trucks as defined in this section and used by a resident of the premises are allowed. 08:30 Executive office 561-274-2028 P.O1 RECEIVED '~On VIA FAX 561.243.7166 J~PJ~ I ~ ~= CITY MANAGER Mr. David Harden Delray Beach City Manager Deiray Beach, Florida 33444 Dear Mr. Harden: It has been brought to my attention that there is a situation that has arisen due to the rezoning in the Seacrest Neighborhood. On 9 th, between Seacrest and 3'*, there is an oversized ton and a half truck parking at a residence. Under the prior zoning, this size vehicle was not permitted. When the down zoning was implemented, this size is permitted. This does not seem logical or the intent of down zoning. We are requesting that Planning and Zoning review this situation and, if possible, implement changes in regulations to eliminate this situation. We believe this will be further in keeping with the efforts of the City to improve the neighborhood. Your assistance with this matter is greatly appreciated, if we can be of any assistance, please contact me at any time. Sincerely, Scott Christensen President, Seacrest Neighborhood Association " _~//_~_ .~ RECEIVED JUN 1 5 1999 DON GOODRUM PL/~t'~I~u~ ~ ZOIqihlG 229 N.E. 9 St., Delray Beach, FIc~d,, 33444 ~ 2~-$521 Studio: 112 S. Federal Hwy., Boynton Beach, Florid,, 33435 (305) 737-2155 June 14, 1999 Diane Dominquez, AICP Director of Planning and Zoning City Hall 100 N W 1st Avenue Delray Bch., F1 33444 ' Dear Ms. Dominquez: As I can not be at the meeting on 6-21-99, I hope this letter will show my support to an amendment to the R1A Zoning. A year ago my sister, Chris Goodrum, and I met and worked with Mr. Meteer, Mr. Sones and others to remove the over sized trucks from parking on our street. This was our first effort in trying to beautify our neighborhood and keep our property values up. With their help and the planning and zoning department..this happened! The owners were cited and the trucks were removed!! But then "somehow" the streets (five) were rezoned and the trucks were back!! I hope the amendment can rezone and change this unsightly scene. This is a residental neighborhood ..not a commercial one. Please take this into consideration and act upon this as soon as possible. Sincerely, Betty R. Clifton 233 N E 9th St. Delray Bch, F1 33444 cc: Pat Archer SUBJECT: MEETING OF JULY 6, '1999 ~ CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.6.'13 REGARDING TRUCK PARKING IN THE R-1-A ZONE DISTRICT. LDR Section 4.6.13 provides for restrictions on the parking of various types of vehicles (i.e. trucks, boats, etc.) within residential neighborhoods. Regarding trucks, it states that only panel, pickup, van, and similar type trucks are allowed, up to a specified size. In the R-1-A zoning districts, trucks may have up to 1~ ton capacity. In all other residential zoning districts, including multi-family zones, truck size is limited to % ton rated capacity. This variance exists because of the practice in many of the City's older, working-class neighborhoods of parking the company truck at home overnight. It was felt that requiring such vehicles to be stored elsewhere would create a burden for many people who have small contracting, landscaping, and similar type businesses. In March of 1998, the City adopted the Seacrest/Del-lda Neighborhood Plan. One component of that plan was to rezone the multi-family zoning designations in the study area to single family. Due to the generally small sized lots and the existing development pattern, the R-1-A zoning district was applied. The rezoning was adopted on October 20, 1998. An unintended consequence of that action is that residents of those areas may now park large trucks and commercial vehicles in their driveways. A request was received by the Seacrest Homeowners Association to amend the LDRs to eliminate this provision for their area. In response, the attached LDR amendment is proposed. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of June 21, 1999. There was public testimony from the Seacrest Property Owners Association in support of the request, and no testimony in opposition. Some of the Board members voiced concerns of persons purchasing R-1-A property, without being aware of the text provisions. After discussing the text amendment, a motion was made to recommend approval of the text amendment, however, the motion failed on 3-4 vote (Bird, McCarthy, Morris, Young dissenting). By motion, approve on first reading a text amendment to LDR Section 4.6.13 Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles as attached, based upon positive findings with respect to LDR Section 2.4.5(M)(5), and setting a public hearing date of July 20, 1999. Attachments: P&Z Staff Report and Documentation of June 21, 1999 Ordinance by Others CITY'OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE 'LAND DEVELOPMENT REGULATIONS ASSOCIATED WITH TRUCK PARKING IN THE SEACREST DEL-IDA NEIGItBORItOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTI~L) ZONE DISTRICT The City Commission of the City of Delray Beach, Florida, -proposes to adopt the following ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING · THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BF-,ACH BY AMENDING SECTION 4.6.13, ?ARKING AND- STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AN~ SIMIL,~R ~.I-IICLF.~", TO AMEND THE PARKING AND STORAGE REQUIREMENTS AS IT RELATES TO TRUCK PARKING .IN THE SEACREST DEL-IDA NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, CI~USE, AND AN EFFECTIVE DATE The City Commission will conduct two (2) Public Hearings for ~he purpose of ~cccpfing public testimony regarding the proposed ordinance. The fir. st Public Hearing will be held on JIIL¥ 6. 1~ AT ?:00 P.M. (or at any continuation of such meeting which i~ ~t by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on f'n'st reading, a second .Public'Hearing will be held on TUESDI¥..IlIL¥ 20. 199~ AT ?:00 P.M. (or at any continuation of gach meeting which is set by hhe Commission). All interested citizens ~ invited to attend the public hearings and comn~nt upon the proposed ordinance or ~ubmit their comments in writing on or before the date of these hearings to the Planning and Zoning Dq~artm~t. For f'mther information or to obtain a copy of the proposal ordinance, please contact the Planning and Zoning l~partment, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 37.~~. (Phone :5611243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday fl~'~ ough Friday, excluding holidays. PLEASE BE ADVISED THAT IF ^ 'PERSON .DECIDES TO APPEAL AI~ DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI'ER CONSIDERED AT THESE HEARINGS, SIJCH PERSON MAY NEED TO ENSURE THAT VERBATIM RECORD INCLUDES. THE TESTIMONY AND EVID .F_.MCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT ,PROVIDE NOR PREPARE SUCH RECORD. PIJRSUANT TO F.$. 286.0105. · . PIYSL~H: Th~ ~ R~ton l~lew~ · . crrY OF DELRAY BEACH June 28, 1999 Alison MacGregor Harry · July 14, 1999 ~ City Clerk A~ 782884 CITY.OF ~)ELRAY BEACH , ~ NOTICE OF PROPOSED . AIVIF. NDIVIENTS'TO THE ~' ': ~LA~ DE~LOP~~ ~H TRUCK PAnG ~ T~ ~e CiF c~m~on of ~e O~ ~ ~y B~'~ m ~o~ ~ foHo~g ~: ' ~ o~~ oF ~ ~ co~s~o~ or ~ D~L~Y BEACH, ~O~A, ~~O ~ DE~OP~ ~~ONS OF ~ ~ OF STOOGE OF CO~RC~ ~mCLES, BOATS, ~UC~, STOOGE ~~~S AS ~ ~~ TO ~UCK P~G ~ ~ SEAC~ST D~-mA ~O~O~D P~ ~ ~ ~ R-I-A (S~G~ F~Y ~m~) ZO~ DIS~ ~ ~ C~ OF D~Y B~CH; PROLOG A OE~ ~P~R ~USE, A SAnG ~USE, ~ ~ ~~ DA~. .. . ~e Ci~ Commission ~ ~ndu~ ~o (2) ~b"c H~gs f~ p~se of accep~g pubic ~s~ony ~g~g ~e ~o~ o~. ~e .~t ~blic H~g w~l ~ held on ~ ~Y 6. 1~ AT 7:~ P~. (~ ~ ~y ~n~on of s~h w~ch is ~t by ~e Co~ssi~), ~ ~e Comminsion ~~ ~ Ci~ ~, 1~ N.W. 1st Avenue, ~y B~h, ~ofi~. ~ ~ ~ on ~t ~g, a s~ond ~b~c H~g ~ ~ ~ld DAY. ~Y ~. 1~ AT 7~ P~. (~ ~ ~y ~~ of such m~g w~ch ~ ~ b~ ~e ~miafi~). ~ · . _ ~g ~ or ~f~ ~e ~ of ~e h~gs ~ ~ P~g ~d ~p~en~ .~ ~, 1~ N.W. Ist A~ue, ~y B~ 32~ ~one 561~3-7~), ~ ~ ~ ~ 8:~ ~ ~ 5:~ ~P~ ~ D~SION ~E BY ~ ~ CO~SSION ~ ~~ ~ ~ ~~ CONS~ AT ~OS, SU~ ~ON ~Y ~ ~ ~S~ ~T A ~A~ ~CO~ ~CL~ ~ ~O~ ~~ ~N ~ ~ ~P~ ~ ~ BE B~. ~ ~ NOT PRO~E NOR P~ SU~ ~O~. P~U~ ~ F.S. ~6.0105. ~H: ~ ~ ~ News ~ ~D~Y l~y 14, 1~ ~ ~ A~ 78~M CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS ASSOCIATED WITH TRUCK PARKING IN THE SEACREST DEL-IDA NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 25-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", TO AMEND THE PARKING AND STORAGE REQUIREMENTS AS IT RELATES TO TRUCK PARKING IN THE SEACREST DEL-IDA NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN 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 be held on TUESDAY, JULY 6, 1999 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. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, JULY 20, 1999 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). 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 (Phone 561/243-7040), 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 Alison MacGregor Harty City Clerk PUBLISH: The Boca Raton News June 28, 1999 July 14, 1999 Instructions to the Newspaper: This ad is not to be placed in the legal/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline [CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS ASSOCIATED WITH TRUCK PARKING IN THE SEACREST DEL-IDA NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT] must be 18 point bold headline. Thank you.