14-93 ORDINANCE NO. 14-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF
PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUB-SUBSECTION 4.6o9(E) (3),
"IN-LIEU FEE", TO PROVIDE THE IN-LIEU FEE OPTION TO
THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD);
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the 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(E), "Location of Parking
Spaces", Sub-subsection 4.6.9(E) (3), "In-Lieu Fee", 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:
(3) In-lieu Fee: If it is impossible ~ or
inappropriate~/~//~~/~//~/¢~//~~ to
provide the required number of on-site parking spaces, ~h~
~9~l~m~l~l~9~llf~ and upon approval thereof by
the City Commission, the payment of a fee in-lieu of
providing such required parking, or any part thereof is
allowed. This provision shall be applicable only in the
CBD and OSSHAD Zone Districts, pursuant to th~ Supplemental
District Regulations provisions therein. All proceeds from
such a fee shall be used for parking purposes. The fee is
hereby established at $2,500 per space. Such payment must
be made prior to issuance of a building permit.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. 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 9th day of February , 1993.
ATTEST:
First Reading January 26, 1993
Second Reading February 9, £~3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER V~
SUBJECT: AGENDA ITEM # /OE - MEETING OF FEBRUARy 9, 1995
ORDINANCE NO. 14-93
DATE: February 5, 1993
This is the second reading of an ordinance which amends Section
4.6.9(E)(3) of the Land Development Regulations relative to in-lieu
fees for parking. This amendment is an off-shoot of the revisions
proposed to the Old School Square Historic Arts District (OSSHAD) zone
designation and simply provides that the in-lieu fee option shall be
applicable, when appropriate, in the OSSAD as well as the Central
Business District.
The Planning and Zoning Board at their January llth meeting
recommended approval.
At the January 26th regular meeting, Ordinance No. 14-93 was passed on
first reading with a 4-1 vote (Mayor Lynch dissenting).
Recommend approval of Ordinance No. 14-93 on second and final reading.
ORDINANCE NO. 14-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF
PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUB-SUBSECTION 4.6.9(E) (3),
"IN-LIEU FEE", TO PROVIDE THE IN-LIEU FEE OPTION TO
THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD);
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the 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(E), "Location of Parking
Spaces", Sub-subsection 4.6.9(E) (3), "In-Lieu Fee", 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:
(3) In-lieu Fee: If it is impossible ~ or
inappropriate~/~//~~/~//~/¢~//~~6~ to
provide the required number of on-site parking spaces,
~9~m~/~/~9~/If~ and upon approval thereof by
the City Commission, the payment of a fee in-lieu of
providing such required parking, or any part thereof is
allowed. This provision shall be applicable only in the
CBD and OSSHAD Zone Districts, pursuant to the Supplemental
District Regulations provisions therein. All proceeds from
such a fee shall be used for parking purposes. The fee is
hereby established at $2,500 per space. Such payment must
be made prior to issuance of a building permit.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. 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
CITY COMMISSION DOCUMENTATION
TO:/.~AVID .T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 26, 1993
FIRST READING OF ORDINANCE MODIFYING THE LDRS
-- IN-LIEU FEE PROVISIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance modifying the
Land Development Regulations (LDRs).
The Section to be amended is 4.6.9(E)(3) which deals with
In-lieu fees for parking.
BACKGROUND:
This proposed amendment evolved from an examination of the
OSSHAD Zone District. When adding a provision for the in-lieu
fee option to OSSHAD, it became necessary to also modify Section
4.6.9(E)(3). Also, a cross-check was done with related
provisions in the CBD District special regulations. The text
which is proposed provides for consistency among all of these
section. There is no substantive change.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January 11, 1993. There was no specific public
testimony nor discussion of it. It will formally be forwarded
with the concurrent action on OSSHAD.
RECOMMENDED ACTION:
By motion, approval of the proposed ordinance on first reading.
Attachment:
* Ordinance by others.
DJK/T:CCLIEU.DOC
IN ADDITION TO CHANGES TO 4.4.24, AN AMENDMENT IS ALSO NECES~.AR~
TO THE TEXT OF THE FOLLOWING'SUPPLEMENTAL-_D!S~RI~TiR.-~GUi~TiONS:.~ .... '~
Section 4.6.9 Off-Street Parklnq Regulatto
Section 4.6.9(E) Location of Parkinq Spaces
(3) In-lieu Fee{ If it is impossible ~ or inappropriate,
~ ~~I~ ~ Z~ ¢tZ~ ¢~fu~l~l~Y to provide the required
number of on-site parking spaces, Z~ ~2~~
f~ and upon approval thereof by the City Commission~
payment of a fee In-lieu of providing such required parking,
or any part thereof is allowed. This provision shall be
applicable only in the CBD and OSSHAD Zone Dtstrlcts~
pursuant to the Supplemental District Requlattons Provisions
therein. Ail proceeds from such a fee shall be used for
parking purposes. The fee is hereby established at $2,500
per space. Such payment must be,made..~prior.to.~£ssuance
butldtnq permit. ,:' ,. ,,.~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~w~
SUBJECT: AGENDA ITEM #;~ - MEETING OF JANUARY 26, 1993
ORDINANCE NO. 14-93
DATE: JANUARY 22, 1993
This is first reading of an ordinance which amends Section
4.6.9(E) (3) of the Land Development Regulations relative to
in-lieu fees for parking. This amendment is an off-shoot of the
revisions proposed to OSSHAD Zone District (via Ordinance No.
13-93 on this agenda), and simply provides that the in-lieu fee
option shall be applicable, when appropriate, in the Old School
Square Historic Arts District (OSSHAD) as well as the CBD.
The Planning and Zoning Board formally reviewed this item on
January 11, 1993, and forwarded a recommendation of approval (5-0
vote; Currie and Felner absent).
Recommend approval of Ordinance No. 14-93 on first reading.
RATONODELRAY BEACH BOYN1ON B£ACII~DEERFI~LD BFACII N~TI~IJPJlIIIIIIJ OF THE LAN(~ DEVE~.OPMENT
BOCA ~EWS
~EGU~TJONS OF T~E CODE OF
A PUBLIC HEARING wJil ~ ~la ~ ORDINANCES OF THE CITY OF
t~e ~l~i~ ~ ~ain~ at DELRAY 8EACH, FLORIDA, TO
7:~ P.M, (~ at any c~tin~t~ ~ PROVIDE ADDITIONAL CRiTErIA
~]~ SUC~ ~ting ~ic~ is ~t by ~ C~ FOR GRANTING A VARIANCE IN
~~e~ ~ ~issi~), ~ T~ay, ~ry 9. HISTORIC DISTRICTS; P~OVIOING
~ond~ ~h~ou~h ~u~d~ ~,, i~t~ Ci~ C~mi~ Chain-A SAVING CLAUSE, A GENERAL
NW 1st Av~, ~lrav REPEALER C~USE, AND AN FF.
8e~, at ~ic, ti~ ~ Ci~ C~m+~ FECTiVE DATE
Boca Raton, Palm Beach County, Florida s~ .., c~ ~i, .~,~. ,.
Delray Beach. Palm Beach County. Florida .,~ ~,.'~'~ ,~ ~"c~ c,~, ~ ~., ~
~li~ys. All ~nt~t~ ~a~i~ are ~m CHAPTER ~, 'ZONING REGU~-
~tot~pr~Ordina~. SCH~L SQUARE HISTORIC ARTS
DISTRICT ~OSSMAD)*, O~ TME
COUNTY OF PALM BEACH ~m. sn ~NO DEVELOPMENT
TIO~S OF THE CODE OF
AN ORDINANC~ OF THE CiTY COM- ~A~CES O~ THE CITY OF
Before the undersigned authority ~ersonally ~,ss.o, o~ THE CITY OF OELRAY BEACH, FLORIDA; P"OVIOING A
appeared Nancy Smith, Inside Sales Man- TIO"oEVECO,M~,T'.,.7, ~'G"S',~EO,~Ti~$O~ T"~ ~"O. 'I~*C~TEC~USE' '"0 A"
T~E CODE OF O~O~ES ~
lished in Boca Baton in Palm Beach County, ..,,c.s,, 'SA"NE' SIGNS
F~GS', AND ENACTING A
Florida; that the attached copy of advertise- Su~su.s~CT,O.
'BANNERS AND WIND SIGN~, TO
ment was published in said newspapers in ~.ov,oe ~o~ ,.~ ~.O..~,T,O.
OF BANNER SIGNS AND WINO ' ' '
SIGNS; BY ENACTlaG A ~EW ~BSECTI~ ~f(E), ~ATI~
the issues of: s~a-suas~CT,O.
~O ~E~T R~U~
'F~GS', TO PROVIDE ~OR FLY~NG TI~S ~ THE~ ~ .OROl-
TWO F~GS TO ADVERTISE OPEN
~NCES ~ THE~1~ ~ OELRAY
FLYING F~GS OF SERVICE ORCA- ~uI~J~ ~J(~)~J, Jl~
/~ 1_/~/7~ / NI~TIONS AT TIM~S OF MEET-LIEU FE~, ~ ~VI~
.' ,NC, AND TO ,ROY,DE FOR THE
LESS THAN ONE ACRE A~ ~E
F~ PER 15~ ~UARE ~E~ ~
PR~R~ GREATER THAN ~E
ACRE; ~ENDING APPENDIX A,
eDEFINITIONS', BY ENACTI~ A ~ ~
DEFINITION FORTHE TE~
~F~G'; PROVIDING A RE.ALFA AN ~NA~E ~ THE CITY
C~USE, A ~VINGC~USE, AND MISSION OF THE CITY OF OELRAY
Affiant further says that The News is a *""~m,VEO*TL ~,C., ;~O,.O,,
newspaper published in Boca Baton, in said ~m TlC.S.. S~CT,O. 4...a.
SPACE ~O~) D~STRIC~, SUBSEC.
Palm
Beach
~SS~O~ OF T~E CITY ~ ~LR~ ~E~T REGU~T~O~S O~
gh B~CH, FLOR~ ~ SEC- ¢O~ OF ORDInanCES OF
throu Sunday, and has been entered as ,,o. ~.,~ o~ ,.~ co~ ~ o,~,. c,,, o~ ~,,. ,~c., ~o,,.
second class matter at the post office in .~.c~s ~o ~,o~,~ ~o, ,.~ ~. ,, ,~,~
RE~CT~O~ OF THE ~U~BE~ OF ~TA~D~, HEA~UA~TERS A~O
ALTER~TE ~BERS OF THE ~ECE~Y SU~RT F~ILIT~E~'
Boca Baton, Palm Beach County, Florida, co~. ~.~O~C~.T ~o; ~S A ~..T~O ~CCESSO~,
PR~I~ A GEnErAL RE~AL- USE; PROVIDING A ~VI~G
for a period of one year ~ext preceding the ~ c~u~, · ~v,.o c~u,,, c~us,, ~ ~,.~,.~
A~DA~ EFFECTIVE DATE. C~USE, A~D A~ EFFECTIVE
first publication of the attached copy of ~,~
advertisement; and affiant further says that ,~ ~,~,~ ~,.e c,,, c.
p ~u-a:~ nor v u ~ ~-r~m'se~ any .,.~o,m~c,.o~, ,.~,.~.c~,.~,,,
he
has
neither
B~C~, FLOR~ ~RRECTI~G MI~O~ OF THE CI~ ~
T~E ~ING C~IFI~TJ~ ~ BEACN, FLOR~ ~E~OI~
poison, fi~m or eo~poraMon any discount, ~[~,~. c~n~ ~ ~o~
TICU~RLY ~RI~ED HEREIN, TI~, SECTION 4.3.4(Kh
rebate, commission or refund for the pur- ~ ~ {~,,,o c~,. ~VELO~,T STA,O,~
C,AU O~T.,~ .O AC ~,~, a T.e ~.O ~W~O~
pose of securing this advertisement for pub- ,~u~,,~, c~c,~u ~ ~.T ,~OU~T,~ ~
TR~; ~10 ~D BEI~ L~T- ~ ~ OROI~ES OF THE
said newspapers. ~ o. ,., ~ ,,a ~ ~,o~,. c,~ o~ ~,~, ,~,c., ~o,,.
lication
in
AL HIGH~AY, ~UTH OF LINTON ~ TO RED~E THE REQUIRED
; BOULEVARD; AND CORRECTI~ ~EAR SETIACK F~ ~EXES
~ONI~ ~P ~ ~LRAY B~CH, IN THE RL AND RM ZONING O~
FLORI~ 1~; PR~IOING A TRICTS FR~ ~ FE~ TO
GENE~L REPEALER C~USE, A ~EET; PROV~OING A ~VI~G
~VING ~USE. AND AN EF~EC. C~USE. A GENERAL
TIVE ~TE. C~USE, AND AN EFFECTIVE
~ ~ tt~ DATE.
A~ OROI~NCE ~ THE Cl~ C~ ~ ~ e ~ m~
MINION OF THE CITY OF DEL~Y ~ ~y ~ Cl~ ~m~
PENOIX 'A', ~EFINITI~, OF ~ ~ ~l~, ~ ~(S)
Sworn to and subscribed before me this ,.~ ~.o o~w~o~., .~. ~,, ~, ~0. ~
~J~ ~ T~E COOE O~ ORD~- ~ ~ ~ m~ ~
8~, FLORI~, BY MENDING ~flm ~ i~l~ ~
THE DEFINITION OF ~IL~; ~ w~ ~ ~ ~
,day of A.D., 19 ~,o,.~, .v,~ cUUSE. * .. ~. T~ C~, ~ ~
GENERAL REP~LER C~U~, ~ ~e ~ ~d. ~m
AND AN EFFECTIVE DATE. F.S.
AN ORDI~E ~ THE CITY C~ C~Cl~k
MISSION OF THE CI~ ~ ~L~Y
B~CH, FLORID~ ~E~I~ PUBLISH: J~ ~, I~
CHAPTER& ~ONI~ REGU~ THE NE~
(Seal,. Notary/~~~ State. O'NEl °f Florida at large) J .o~'S'~'c"°"".~ o...m.v.t~w.,..c.S'c"~ ..~.szs..u'"J"~° ,~
My Commi ~ ~fii. ~ . .~