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Ord 28-99 ORDINANCE NO. 28-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, ~OFF-STREET PARKING REGULATIONS", SUBSECTION C, "NUMBER OF PARKING SPACES REQUIRE~', OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING THE PARKING REQUIREMENTS FOR CERTAIN MIXED USE PROJECTS WITHIN THE CITY OF DELRAY BEACH; PROVIDING 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 amendments at a public hearing on June 21, 1999, and voted 6 to 0 to recommend adoption of the proposed amendments; and WHER~%S, pursuant to Florida Statute 163.3174(4)©, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further 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 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number of Parking Spaces Required", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended as set forth in Exhibit "A" attached hereto and made a part hereof. 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 i~ediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of Auqust , 1999. ATTEST: ~ city ~lerk - v! First Reading: August 3, 1999 Second Reading: August 17, 1999 - 2 - Ord. No. 28-99 EXHIBIT "A" PROPOSED LDR AMENDMENT Section 4.6.9 Off-Street Parking Regulations: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (2) Requirements for Residential Uses: (8) Multiple Uses: --'~:7 ........... J .......... r" ............. r' ............................... (a) Shared Parking: When a building or combination of buildings on a unified site is used for both residential and commercial purposes, and is located within the CBD, GC or PC zoning district, the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. Weekday Weekend Use Night Day Evening Day Evening Midnight to 9 A.M. to 6 P.M. to 9 A.M to 6 P,M, to 6 A.M, 4 P,M. Midnight 4 P.M-¥ ~fidnyht Residential 100% 60% 90% 80% 90% Office 5% 100% 10% 10% 5% Commercial/Retail 5% 70% 90% 100% 70% Hotel 80% 80% 100% 80% 100% Restaurant 10% 50% 100% 50% 100% Entertainment/Recreational 10% 40% 100% 80% 100% (theatres, bowling alleys, etc) Other 100% 100% 100% 100% 100% For projects approved using this methodology, any assignment of parking spaces to individual residential or non-residential uses shall require approval of the reviewing Board. 2 CITY OF DEl,RAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE LAND DEVEI OPMENT RF~ULATIONS DEALING WITH PARKING FOR ~ USE PROJECTS The City Co~;i~on of the City of Delray Beach, Florida, propoc~ to ORDINANCE NO. 28-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT RF~UI. ATIONS OF THE CITY OF DRlRAY BEACH BY AMENDING SECTION 4.6.9, '~)W-S'IREEF PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACY_S P. raQ~", mR C~TA~ M~ USE PROmC'rs WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL ~1FR CLAUSE, A SAVING CLAUSE, AND AN ~ DATE. Public Heating ~ be held on 'I]3K_gDAY. AUGUST 3. L099 AT 7.'00 P.M. (or at any continuation of such meeting which is set by thc Commission), in the CommL~'io~ C~mbe~ at City ~ 100 N.W. 1st Avenue, Delray Bew3, Florida. If ~e crdiname is passed on fi~t reading a second Public Hearing will be held on 'I]3ESDAY~ AUG~ 17~ 1999 AT Commi.~ion). _da_re. of lbese beaz~ to Ibe ~ aod Zoning ~ F~o~ ~ ~ a~d Z_,~ng Depatm~ Crt7 ~ ]00 N.W. ]st ^vea~ Beach, Flc~da 37.~?. (Photo ~]-243-7040), ~ the bc~ of 8.~0 ~ BE ADYLS]~ THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C1TY COMMISSION WITH RESPECT TO ANY MATFER CONSIDERED AT THESE HEARINOS, SUCH PERSON MAY ~ TO ENSURE THAT A EVIDENCE UPON WHICH THE ~ IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 2~..0~05. . CITY OF DELRAY BEACH Ad~783683 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/O.~.- REGULAR MEETING OF AUGUST 17, 1999 ORDINANCE NO. 28-99 (PARKING REQUIREMENTS FOR MIXED USE PROJECTS) DATE: AUGUST 12, 1999 This is second reading and a public hearing for Ordinance No. 28-99 which amends LDR Section 4.6.9(C), "Number of Parking Spaces Required" by modifying the parking requirements for mixed use projects as set forth in the attached memorandum from the Planning and Zoning Department. The Planning and Zoning Board recommends approval of the amendment as does the Parking Management Advisory Board, the CRA Board, Pineapple Grove Main Street and the Downtown Development Authority. At first reading on August 3rd, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 28-99 on Second and Final Reading. Ref:Agmemo14.Ord.28-99.Parking. Mixed Use Projects TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, P & Z DIRECTOR~ ~x'~dlih\~, SUBJECT: MEETING OF AUGUST 3, 1999 AMENDMENT TO THE ~ND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING REQUIREMENTS FOR MIXED USE PROJECTS. On ~uly Bt~ Of this year the Gity Gommission considered residential parkin~ requirements in the Gentral Business District (GBD). The amendment also ~ntained provisions to modify the ~arkin~ requirements for mixed use projects (combination of residential and nonresidential uses). However, most of the discussion at the meeting focussed on the residential parking ~anges and the amendment failed on that issue. Pursuant to direction given at the July 13, 1999 workshop meeting, the mixed-used provisions have been placed into a separate amendment for reconsideration. The LDRs currently contain a provision that allows a reduction in parking requirements for residential uses where commemial uses occupy more than 50% of the building. This is a shared parking arrangement based on the idea that the parking is used primarily by the commercial uses during the day and by the residential uses at night. This provision is flawed in that it does not specify the type of commercial activity, and could allow a commercial nighttime activity that conflicts with residential uses. Staff reviewed the parking provisions for Palm Beach County and seven other Florida municipalities. Three of these municipalities--Jupiter, Clea~ater and West Palm Beach--utilize a method of calculating shared parking that is derived from the Urban Land Institute (ULI) publi~tion "Shared Parking". This method is based on the percentage of parking spaces required for individual uses at various times of the day. The numbers for each time period are combined to determine the peak parking requirements. Staff re~mmends that this method of determining shared parking requirements be incorporated into the City's code for mixed- use residential/commercial projects within the Central Business District, (CBD), General Commercial (GC) and Planned Commercial (PC) zoning districts. As requested at the workshop meeting, staff contacted the planning depadments at each of the three municipalities cited above to determine if they have experienced any problems, padicularly parking sho~ages, with the ULI method of calculating parking requirements. The Town of Jupiter cited several projects where the method had been used successfully. The Clea~ater code, which was prepared by an outside consultant, was just adopted in Janua~ of this year. Prior to that time, there were no formal provisions for mixed-use shared parking so they determined the requirements on a case- by-case basis. They have not had any new mixed-use projects since adoption of the new code. The City of West Palm Beach has had ~nsidemble experience with mixed-use projects downtown and elsewhere, and is not aware of any parking deficiencies resulting from the shared parking regulations. City Commission Meeting August 3, 1999 - Parking Requirements for Mixed Use Projects Page 2 Additional background and an analysis of the request can be found in the attached Planning and Zoning Board staff report. The proposed amendment was reviewed by each of the following groups as a part of the earlier amendment which also dealt with downtown residential parking requirements: The Parking Management Advisory Board reviewed the proposed amendments on May 25, 1999 and recommended approval. The Community Redevelopment Agency Board reviewed the proposed amendments on May 13, 1999 and also recommended approval. Pineapple Grove Main Street reviewed the proposed amendments on June 8, 1999 and had no comments. The Downtown Development Authority Board reviewed the proposed amendments on June 16, 1999 and had no objections. The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of June 21, 1999. Chris Brown, CRA Director, spoke in favor of the proposed amendments. There were no other public comments. After discussion, the Board recommended adoption of the proposed amendments by a vote of 6 to 0. Adopt the amendments to Section 4.6.9(C) Number of Parking Spaces Required as attached, based on findings and conditions as recommended by the Planning and Zoning Board. Attachments: · Proposed Ordinance · Planning &Zoning Staff Report s:\planning & zoning\city commission~'nixed use parking requirements.doc pdnted 7/27/99 MEETING OF: JUNE 21, 1999 AGENDA ITEM: V.C. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING REQUIREMENTS FOR RESIDENTIAL USES IN THE CBD AND MIXED USE PROJECTS. The item before the Board is that of making a recommendation to the City Commission on amendment of Section 4.4.13(G) Supplemental District Regulations for the Central Business District and Section 4.6.9(C) Number of Parking Spaces Required. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Housing Element of the Comprehensive Plan states as follows: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally- oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active night life. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. The City needs to re-evaluate current regulations regarding the construction of dwelling units in the central business district, and make whatever changes are necessary to eliminate impediments and provide incentives." Currently, the parking requirements for residential development downtown are the same as in other areas of the city. Staff believes that these requirements are too high for downtown dwelling units, which tend to be occupied less by families than by singles or couples, many of whom prefer a downtown setting in order to be less auto-dependant. The attached LDR amendments include provisions to reduce the parking requirements for residential units in the CBD. Sections of the code dealing with shared parking provisions have also been amended to provide a more comprehensive method of determining the parking requirements for mixed use projects. ~ Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 2 The LDRs currently contain a provision to reduce the parking requirements for residential uses where commercial uses occupy more than 50% of the building. This is a shared parking arrangement based on the idea that the parking is used primarily by the commercial uses during the day and by the residential uses at night. Staff feels that this provision is flawed in that it does not specify the type of commercial activity, and could allow a commercial nighttime activity that conflicts with residential uses. Staff reviewed the parking provisions for Palm Beach County and seven other Florida municipalities. Three of these municipalities utilize a method of calculating shared parking which is derived from the Urban Land Institute. This method is based on the percentage of parking spaces required for individual uses at various times of the day. The numbers for each time period are combined to determine the peak parking requirements. Staff recommends that this method of determining shared parking requirements be incorporated into the City's code for mixed-use residential/commercial projects within the Central Business District, (CBD), General Commercial (GC) and Planned Commercial (PC) zoning districts. Additionally, since the downtown area operates as a unit with a pool of public parking used by everyone, staff proposes that the parking requirements for residential uses in the CBD be reduced without regard to the mix of uses in each individual building. The reductions under the current 50% commercial provisions were considered but were rejected because they appear to be too great given the fact that some businesses, especially restaurants are open at night when parking would also be needed for residents. Staff recommends that the standard requirements be used, but that no additional guest parking be required in the CBD. The attached "Residential Parking Examples" Table shows the percentage reduction for several development scenarios. Staff also compared Delray's residential parking requirements with that of the other municipalities, the Institute of Transportation Engineers' standard and Rich & Associates' recommendation from the parking study that was just completed for the CBD area east of the Intracoastal Waterway. The comparison shows that Delray's standard requirements are generally higher than in the other municipalities. Although, the recommended ratio is generally lower than the others, it does compare favorably with West Palm Beach's City Center and Clearwater, both of which are specifically intended for downtown areas. Additionally, the recommendation is considerably higher than both the ITE and Rich and Associates standards. The proposed amendments are as follows: AMENDMENT 1: Section 4.4.13 Central Business (CBD) District: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 3 (1) Parking: (e) Guest parking shall not be required for residential units in multi-family structures and mixed-use buildings. AMENDMENT 2: Section 4.6.9 Off-Street Parking Regulations: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (2) Requirements for Residential Uses: (8) Multiple Uses: ~-1 .... rr--=~ .................................. ~ ........ .... -o .............................. ~ ..... ~ ....... ~ ~ ........ ~ ~ ~ .... ~.. ,~ ......... ~ .............. ~ .... ~ .......... Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 4 onnr~,~l rAmA /'tva A~_Q~ 4411:;IOgtl (a) Shared Parking: When a building or combination of buildings on a unified site is used for both residential and commercial purposes, and is located within the CBD, GC or PC zoning district, the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. Weekday Weekend Use Night Day Evening Day Evening Midnight to 9 A.M. to 6 P.M. to 9 A.M to 6 P.M. to 6 A.M. 4 P.M. Midnyht 415, M. Midnight Residential 100% 60% 90% 80% 90% Office 5% 100% 10% 10% 5% Commercial/Retail 5% 70% 90% 100% 70% Hotel 80% 80% 100% 80% 100% Restaurant 10% 50% 100% 50% 100% Entertainment/Recreational 10% 40% 100% 80% 100% (theatres, bowlin~l alleys, etc) Other 100% 100% 100% 100% 100% For projects approved using this methodology, any assignment of parking spaces to individual residential or non-residential uses shall require approval of the reviewing Board. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 5 Housing Element Policy B-3.4 The City's Planning and Zoning Department will work with the Community Redevelopment Agency to analyze the existing Central Business District regulations to determine if there are significant regulatory impediments to the development of residential units in the downtown, and will process the amendments necessary to eliminate those barriers. This analysis will be conducted in FY 97/98. These amendments will lower the parking requirements for residential uses in the downtown area to a more realistic level. The proposed requirements will eliminate an existing impediment to the development of residential projects while still providing adequate parking for the use. A positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendments were reviewed by the Parking Management Advisory Board on May 25, 1999. The Board recommended approval of the amendments. The proposed amendments were reviewed by the Community Redevelopment Agency on May 13, 1999. The Board recommended approval of the amendments. The proposed amendments were reviewed by Pineapple Grove Mainstreet on June 8, 1999. The Board did not have any comments. The proposed amendments will be reviewed by the Downtown Development Authority on June 16, 1999. The Board had no objections to the proposed amendments. 1. Recommend approval of the proposed amendments. 2. Recommend denial of the proposed amendments, in whole or in part. 3. Continue with direction. Recommend that the City Commission adopt the amendments to Section 4.4.13(G) Supplemental District Regulations for the Central Business District and Section 4.6.9(C) Number of Parking Spaces Required as attached. Attachments: · Table of Residential Parking Examples in Delray Beach · Table of Residential Parking Requirements Comparison in Selected Municipalities · Shared Parking Calculations Table - Example Report Prepared by Ron Hoggard, Senior Planner Shared Parking Calculations Table Example Weekday Weekend Night Day Evening Day Evening Use Required Midnight 9 A.M. 6 P.M. 9 A.M. 6 P.M. Parking 6 A.M. 4 P.M. Midnight 4 P.M. Midnight Residential 200 100% 200 60% 120 90% '180 80% 160 90% 180 Office 67 5% 3.35 100% 67 10% 6.7 10% 6.7 5% 3.35 Commercial/Retail 34 5% 1.7 70% 23.8 90% 30.6 100% 34 70% 23.8 Hotel 80% 80% 100% 80% 100% Restaurant 30 10% 3 50% 15 100% 30 50% 15 100% 30 Entertainment/Recreational 10% 40% 100% 80% 100% (theatres, bowling alleys, etc) Other 100% 100% 100% 100% 100% Directions: 1. Calculate the required parking for each use in column two 2. Multiply the required parking by the percentage figures for each time period 3. Add the figures for each time period column 4. The peak parking requirement for the mixed use is the highest column total. Example: The project contains the following uses: (100) 2-bedroom units x 2 spaces per unit = 200 spaces · 20, 000 square feet office x 1 space per 300 sq. ft. = 67 spaces · 10,000 square feet retail x 1 space per 300 sq. ft. = 34 spaces · 5, 000 square feet restaurant x 6 spaces per 1,000 square feet = 30 spaces · TOTAL OF PARKING FOR INDIVIDUAL USES = 331 SPACES · TOTAL PEAK PARKING FOR MIXED USE = 248 SPACES CITY OF DEI,RAY BEACH NOTICE OF PRO~ ~~ TO TI-IF. LAND DEVEI OP~ REGULATIONS DEAIJNG WITH PARKING FOR ~ USE PROJECI~ DELRAY BEACH, FLORIDA, AMEND~G THE 'I. AND I)EVEi.OPMt!NT RF.,O3JLATIONS OF THE CII'Y OF DH. RAY WITHIN TIlE CITY OF DI~RAY BEACH; PROVIDING A Public Heating w~l be held on TUESDAY. AUGIEF X 19~ AT 7100 second ~ Heat~ w~l ~ hekt ~ TUESDAY, AU~ 17,1999 AT . RF~PECT TO ANY MA'ITER CONSIDERED AT THESE HEARINC.~, SUCH PERSON MAY ~ TO I~qJRE THAT A VERBATIM RF_.~ORD INCLUDES THE TESTIMO~ AND CITY DOE8 NOT PROVIDE NOR PREPARE SUCH RECORD HJRSU~ TO F.5. 286.0105. Ad~783683 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS DEALING WITH PARKING FOR MIXED USE PROJECTS The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 28-99 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 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", FOR CERTAIN MIXED USE PROJECTS 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, AUGUST 3, 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, AUGUST 17, 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 July 27, 1999 August 11, 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 DEALING WITH PARKING FOR CERTAIN MIXED USE PROJECTS] must be 18 point bold headline. Thank you.