09-93 MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~:1
SUBJECT: AGENDA ITEM ~ /~/~ - MEETING OF FEBRUARY 9. 1993
ORDINANCE NO. 9-93
DATE: February 5, 1993
This is first reading of an ordinance amending the Land Development
Regulations to provide design standards for single family residential
and duplex required parking.
This ordinance was recommended by the Neighborhood Task Team in order
to remove the blighting effect of vehicles inappropriately parked on
private property and to abate the destructive impact which such
vehicles have upon the physical condition of yards.
Significant aspects of the proposed ordinance includes prohibiting
parking on unimproved surfaces within a front yard or side yard
setback; and, provides the mechanism to request waiver of the
requirements.
The Planning and Zoning Board at their January llth meeting
recommended approval of the proposed ordinance. However, an item
which the Board did not address was that of having the regulation
apply "retroactively". Staff feels that it is nearly impossible to
enforce the proposed regulation unless it is applied to all single
family and duplex properties without grandfathering. Additionally,
staff feels it may be appropriate to further workshop this item in
order to address the impacts associated with the adoption of this
ordinance.
Recommend consideration of Ordinance 9-93 on first reading.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTO~'
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 9, .1993
FIRST READING, ORDINANCE AMENDING LDRs 4.6.9(C)&(D)
REQUIRING RESIDENTIAL PARKING ON IMPROVED SURFACES
NOTE: THIS DOCUMENTATION HAS BEEN REVISED AND UP-DATED SINCE
ITS ORIGINAL DRAFTING OF JANUARY 26, 1993
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Sections are:
* 4.6.9(C)(2)(a)&(b): Requirements for Residential Use
* 4.6.9(D)(10)&(11)= Design of Parking Spaces
BACKGROUND:
This requested change had come about from The Neighborhood Task
Team (NTT). The reasoning behind the regulation is that of
removing the blighting effect of vehicles inappropriately parked
on private property and the destructive impact which such
vehicles have upon the physical condition of yards.
An initial draft of the proposed regulations was discussed in a
worksession among the NTT and the Planning and Zoning Board.
Revisions were made based upon direction from that worksession.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
Special Meeting held on January 11, 1993. David Henninger of
the NTT addressed the item and supported the revised text.
There was no public testimony to the contrary. The Board then
forwarded the item on a 5-0 vote (Felner and Currie absent).
City Commission Documentation
First Reading, Ordinance Amending LDRs 4.6.9(C)&(D)
Requiring Residential Parking on Improved Surfaces
Page 2
ADDITIONAL CONSIDERATIONS:
An item which was not addressed in the text viewed by the Board
was that of having the regulation "retro-active". It is nearly
impossible to enforce the proposed regulation unless it is
applied to all single family and duplex properties (i.e. no
grandfathering). Normally, an LDR applies from the date of its
adoption. Thus, either additional wording (for effect on all
properties) or application through "nuisance" portions of the
City Code as opposed to the LDRs may be necessary. This item
has been referred to the City Attorney for advice and direction.
Also, subsequent to the Board's review, a suggestion has been
made that instead of using the process of applying to the City
Engineer for approval of a surface, other than concrete or
asphalt, and then having that surface standardized through the
waiver process; that this Ordinance also contain the
specifications for the range of acceptable surfaces or improved
conditions. For example, it has been suggested that a gravel or
m~lci~~ surface bordered on three sides by plantings would be
acceptable. I would suggest that the above idea not be included
in the ordinance, but if desired, that the NTT work with SPRAB
and HPB to create specifications for "acceptable" spaces and
then have them approved by the City Engineer. The
Administration could then accept such "improved" spaces as
meeting the requirements of the Ordinance.
Another input pertain& to the fact that Subsections (c) only
apply to "yards" which have the definition of extending only to
the required depth per the Zone District Regulations i.e. a
front yard is only 25' deep in R-1-A zoning. If a house is 40'
back, then parking on an unimproved surface can occur within the
15' in front of the house. It has been suggested that the
restriction apply to any ground area between a street and
structures, excluding rear yards.
A final inquiry has been made as to whether or not the concept
of applying parking space improvement retroactively is also to
apply to other than single family and duplex properties i.e.
multiple family, commercial, and industrial. As written, the
ordinance does not.
RECOMMENDED ACTION:
Given the additional considerations, the Commission may wish to
provide further direction for a redrafting of the ordinance,
referral with direction, or schedule for a worksession review.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY ii, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE PARKING SPACE DESIGN
Re: Improved Surfaces Required
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The changes contemplated in this
proposed ordinance include:
* No parking shall occur upon unimproved surfaces within
the required front yard, or a required street side
yard, of single family or duplex properties.
* That all parking spaces, required or not, shall be on
an.improved surface.
* Addition of a waiver provision for parking space
design standards.
BACKGROUND:
This item, along with others, has been brought before the Board
by the Neighborhoods Task Team (NTT). These changes were
discussed in work session among members of the Board and the NTT
on June 18, 1992. Changes to the proposed ordinance have been
made in order to reflect discussion and direction at that work
session.
ANALYSIS:
The initial proposal setforth by the NTT called for:
* A prohibition of parking on an unimproved surface
within a front yard setback area of a single family
residence.
* All areas used for parking must be upon an approved,
improved surface.
Previously (and still), the LDRs restricted "required" parking
areas to be outside of required front and street side yards
(i.e. outside of the setback areas).
The revised ordinance provides for the above and the following:
1. The structure of the proposed ordinance has been
changed to better incorporate the changes to the
existing code.
Z Staff Report~ e
R Text Amendment Re Parking Space Design
,e: Improved Surfaces Required
Page 2
2. A request to provide for waivers to these more
restrictive standarc[s is accommodated. The waiver
provision extends to all aspects of Section 4.6.9(D),
Design Standards.
3. We note that any parking area may be on an improved
surface, other than asphalt or concrete, pursuant to
reference to Section 4.6.9(D)(8), which allows
alternative surfaces which are acceptable to the City
Engineer.
4. The proposal has been expanded to apply to required
street side yards in addition to required front yards.
5. We note that there is a difference between a
"required" front yard and the area between a house and
its frontage street. A required parking space may be
provided, on an improved surface, between a house and
the frontage street, but not within the "required"
front yard (i.e. front yard setback area).
6. We note that a parking space, other than a !'required"
space, may be located in a front or street side yard;
but only upon an approved, improved surface.
7. The proposed standard has been expanded to apply to
duplexes as well as single family development.
RECOMMENDED ACTION:
Take testimony and proceed accordingly.
Attachments:
* Draft of proposed Ordinance
Report prepared by:~~~~\''-~
T: P ZSWALE
ORDINANCE NO. 9-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE FOR RULES AND REGULATIONS
REGARDING VEHICLE PARKING IN FRONT YARDS OF
RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of providing safe traffic areas for pedestrians,
bicyclists, and motor vehicles; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to improve the aesthetics of front yards within residentially
zoned areas; and,
WHEREAS, the City Commission of the City of Delray Be~ch
believes that improving the aesthetics of Delray Beach's residential
neighborhoods will improve the quality of life for the citizens of
Delray Beach; and,
WHEREAS, the City Commission finds that damaged front yards
negatively affect the property values of property adjacent to such
front yard areas; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January
11, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change 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 DELHAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces
Required", Sub-subsection 4.6.9(C) (2), "Requirements for Residential
Uses", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(2) Requirements for Residential Uses:
(a) Single Family Detached Residences -- two
parking spaces per dwelling unit. ~
See Section 4.6.9(D) (11) regarding location
and design criteria for such spaces.
(b) Duplexes -- two parking spaces per dwelling
unit. ~/~//~/~/~//~~
Section 4.6.9(D) (12) re~ardin~ location and
design criteria for such spaces.
(c) Multiple Family Structures:
1.~ efficiency dwelling unit -- 1.0 space/unit
one bedroom dwelling unit - 1.5 spaces/unit
two or more bedroom d.u. - 2.0 spaces/unit
guest parking @ .5 spaces per dwelling unit
(d) Residential Uses in Commercial Buildings:
When there is residential use in a building
whose primary use is commercial (greater
than 50% of floor area being commercial),
the following standards shall apply:
1.~ efficiency dwelling unit -- 1.0 space/unit
one bedroom dwelling unit - 1.0 space/unit
3.~ two or more bedroom d.u. - 1.5 spaces/unit
no guest parking is required
(e) Location of Guest Parking Spaces: Guest
parking spaces may be centralized or located
near recreational features within a
development project. A portion of guest
parking spaces may be provided in stabilized
sod pursuant to Section 4.6.9(D) (8).
Section 2. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(D), "Design Standards", of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Design Standards: All parking spaces which
are created in order to fulfill requirements of this
Section (i.e., required parking spaces) shall conform
to the design standards of this subsection. Waivers
to these Design Standards may be granted during the
site plan review process. When the improvements are
not associated with a site plan action~ a waiver may
be granted by the Site Plan Review Board or~ when in a
Historic District, by the Historic Preservation Board.
Section 3. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(D), "Design Standards", of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by the
addition of new Sub-subsections 4.6.9(D) (11) and 4.6.9(D) (12), to
read as follows:
(11) Design of Sinqle Family Residential Parkinq
Spaces:
(a) Tandem parking may be used provided there is
no violation of this subsection (11).
- 2 - Ord. No. 9-93
/07"~.~ (b) In the Sinqle Family (R-1 Districts) and RL
Districts, no required parking space may be
located in a required front or street side
setback.
(c) No vehicles may be~parked on an unimproved
surface within the front yard setback or
street side setback of any single family
residential property.
(d) All parking areas shall be improved as
required in Section 4.6.9(D) (8) of these
regulations.
(12) Design of Duplex Residential Parking Spaces:
(a) Tandem parking may be used provided that
such parking does not result in the space
for one unit impeding access to a space of
the other unit.
(b) Curb cuts or direct access from parking
areas onto a street shall not exceed 24' in
width.
(c) NO vehicles may be ~ pa~ked on an unimproved
surface within the front yard setback or
street side setback on any property
developed with a duplex.
(d) All parking areas shall be improved as
required in Section 4.6.9(D) (8) of these
regulations.
Section 4. 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 5. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 9-93
NO ACTION/VOID
ORDINANCE NO. 9-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE FOR RULES AND REGULATIONS
REGARDING VEHICLE PARKING IN FRONT YARDS OF
RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of providing safe traffic areas for pedestrians,
bicyclists, and motor vehicles; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to improve the aesthetics of front yards within residentially
zoned areas; and,
WHEREAS, the City Commission of the City of Delray Beach
believes that improving the aesthetics of Delray Beach's residential
neighborhoods will improve the quality of life for the citizens of
Delray Beach; and,
WHEREAS, the City Commission finds that damaged front yards
negatively affect the property values of property adjacent to such
front yard areas; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January
11, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c) , the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change 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 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces
Required", Sub-subsection 4.6.9(C)(2), "Requirements for Residential
Uses", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(2) Requirements for Residential Uses:
(a) Single Family Detached Residences -- two
parking spaces per dwelling unit. T~
See Section 4.6.9(D)(11) re~ardin~ location
and design criteria for such spaces.
NO ACTION/VOID~
(b) Duplexes -- two parking spaces per dwelling
unit. ~ml~llm~l~l~ll~~
~l~l~lf~mll~l~l~ll~
~/~I~/~/~//Z~/~/~ See
Section 4.6.9(D) (12) regarding location and
design criteria for such spaces.
(c) Multiple Family Structures:
1.f efficiency dwelling unit -- 1.0 space/unit
one bedroom dwelling unit - 1.5 spaces/unit
3.~ two or more bedroom d.u. - 2.0 spaces/unit
guest parking @ .5 spaces per dwelling unit
(d) Residential Uses in Commercial Buildings:
When there is residential use in a building
whose primary use is commercial (greater
than 50% of floor area being commercial),
the following standards shall apply:
1.~ efficiency dwelling unit -- 1.0 space/unit
one bedroom dwelling unit - 1.0 space/unit
two or more bedroom d.u. - 1.5 spaces/unit
no guest parking is required
(e) Location of Guest Parking Spaces: Guest
parking spaces may be centralized or located
near recreational features within a
development project. A portion of guest
parking spaces may be provided in stabilized
sod pursuant to Section 4.6.9(D) (8).
Section 2. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(D), "Design Standards", of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Design Standards: All parking spaces which
are created in order to fulfill requirements of this
Section (i.e., required parking spaces) shall conform
to the design standards of this subsection. Waivers
to these Design Standards may be granted during the
site plan review process. When the improvements are
not associated with a site plan action~ a waiver may
be granted by the Site Plan Review Board or~ when in a
H~storic District, by the Historic Preservation Board.
Section 3. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(D), "Design Standards", of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by the
addition of new Sub-subsections 4.6.9(D) (11) and 4.6.9(D) (12), to
read as follows:
(11) Design of Single Family Residential Parkinq
Spaces:
(a) Tandem parking may be used provided there is
no violation of this subsection (11).
- 2 - Ord. No. 9-93
NO ACTION/VOID
(b) In the Sinqle Family (R-1 Districts) and RL
Districts, no required parking space may be
located in a required front or street side
setback.
(c) No vehicles may be parked on an unimproved
surface within the front yard setback or
street side setback of any single family
residential property.
(d) Ail parking areas shall be improved as
required in Section 4.6.9(D) (8) of these
regulations.
(12) Design of Duplex Residential Parkinq Spaces:
(a) Tandem parking may be used provided that
such parking does not result in the space
for one unit impeding access to a space of
the other unit.
(b) Curb cuts or direct access from parking
areas onto a street shall not exceed 24' in
width.
(c) No vehicles may be parked on an unimproved
surface within the front yard setback or
street side setback on any property
developed with a duplex.
(d) All parking areas shall be improved as
required in Section 4.6.9(D) (8) of these
regulations.
Section 4. 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 5. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1993.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 9-93
NO ACTIO~/VOID~
here is my suggestion for the rewrite of Section 3 of
nance dealing with parking on Improved surfaces.
(D) Desiqn Standards: Ail parking spaces which are created in
order to fulfill requirements of this Section (i.e. required
parking spaces) shall conform to the design standards of this
subsection. Waivers to these Desiqn Standards may be granted
durinq the site plan review process. When the improvements are
not associated with a site plan action! a waiver may be granted
by the Site Plan Review Board orr when in a Historic Districtl
by the Historic Preservation Board.
T:REVISE3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 26. 1993
QRDINANCE NO. 9-93
DATE: January 22, 1993
This is first reading of an ordinance amending the Land Development
Regulations to provide design standards for single family residential
and duplex required parking.
This ordinance was recommended by the Neighborhood Task Team in order
to remove the blighting effect of vehicles inappropriately parked on
private property and to abate the destructive impact which such
vehicles have upon the physical condition of yards.
Significant aspects of the proposed ordinance includes prohibiting
parking on unimproved surfaces within a front yard or side yard
setback; and, provides the mechanism to request waiver of the
requirements.
The Planning and Zoning Board at their January llth meeting
recommended approval of the proposed ordinance. However, an item
which the Board did not address was that of having the regulation
apply "retroactively" Staff feels that it is nearly impossible to
enforce the proposed regulation unless it is applied to all single
family and duplex properties without grandfathering. Normally,
provisions of an ordinance apply from the date of its adoption. The
City Attorney is researching this matter and will provide a verbal
report at Tuesday evenings meeting.
Recommend approval of Ordinance 9-93 on first reading.
CITY COMMISSION DOCUMENTATION
TO: /~-DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 26, 1993
FIRST READING, ORDINANCE AMENDING LDRs 4.6.9(C)&(D)
REQUIRING RESIDENTIAL PARKING ON IMPROVED SURFACES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Sections are:
* 4.6.9(C)(2)(a)&(b): Requirements for Residential Use
* 4.6.9(D)(10)&(ll): Design of Parking Spaces
BACKGROUND:
This requested change had come about from The Neighborhood Task
Team (NTT). The reasoning behind the regulation is that of
removing the blighting effect of vehicles inappropriately parked
on private property and the destructive impact which such
vehicles have upon the physical condition of yards.
An initial draft of the proposed regulations was discussed in a
worksession among the NTT and the Planning and Zoning Board.
Revisions were made based upon direction from that worksession.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
Special Meeting held on January 11, 1993. David Henninger of
the NTT addressed the item and supported the revised text.
There was no public testimony to the contrary. The Board then
forwarded the item on a 5-0 vote (Felner and Currie absent).
City Commission Documentation
First Reading, Ordinance Amending LDRs 4.6.9(C)&(D)
Requiring Residential Parking on Improved Surfaces
Page 2
An item which was not addressed in the text viewed by the Board
was that of having the regulation "retro-active". It is nearly
impossible to enforce the proposed regulation unless it is
applied to all single family and duplex properties (i.e. no
grandfathering). Normally, an LDR applies from the date of its
adoption. Thus either additional wording (for effect on all
properties) or application through "nuisance" portions of the
City Code as opposed to the LDRs may be necessary. This item
has been referred to the City Attorney for advice and direction.
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
DJK/CCMINSF.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE PARKING SPACE DESIGN
Re~ Improved Surfaces Required
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The changes contemplated in this
proposed ordinance include:
* No parking shall occur upon unimproved surfaces within
the required front-yard, or a required street side
yard, of single family or duplex properties.
* That all parking spaces, required or not, shall be on
an.improved surface.
* Addition of a waiver provision for parking space
design standards.
BACKGROUND:
This item, along with others, has been brought before the Board
by the Neighborhoods Task Team (NTT). These changes were
discussed in work session among members of the Board and the NTT
on June 18, 1992. Changes to the proposed ordinance have been
made in order to reflect discussion and direction at that work
session.
ANALYSIS:
The initial proposal setforth by the NTT called for:
* A prohibition of parking on an unimproved surface
within a front yard setback area of a single family
residence.
* Ail areas used for parking must be upon an approved,
improved surface.
Previously (and still), the LDRs restricted "required" parking
areas to be outside of required front and street side yards
(i.e. outside of the setback areas).
The revised ordinance provides for the above and the following:
1. The structure of the proposed ordinance has been
changed to better incorporate the changes to the
existing code.
P&Z Staff Report
LDR Text Amendment Re Parking Space Design
Re: Improved Surfaces Required
Page 2
2. A request to provide for waivers to these more
restrictive standards is accommodated. The waiver
provision extends to all aspects of Section 4.6.9(D),
~sign Standards.
3. We note that any parking area may be on an improved
surface, other than asphalt or concrete, pursuant to
reference to Section 4.6.9(D)(8), which allows
alternative surfaces which are acceptable to the City
Engineer.
4. The proposal has been expanded to apply to required
street side yards in addition to required front yards.
5. We note that there is a difference between a
"required" front yard and the area between a house and
its frontage street. A required parking space may be
provided, on an improved surface, between a.house and
the frontage street, but not within the "required"
front yard (i.e. front yard setback area).
6. We note that a parking space, other than a "required"
space, may be located in a front or street side yard;
but only upon an approved, improved surface.
7. The proposed standard has been expanded to apply to
duplexes as well as single family development.
RECOMMENDED ACTION:
Take testimony and proceed accordingly.
Attachments:
* Draft of proposed Ordinance
Report prepared by:~
T: P Z SWALE