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64-93 ORDINANCES COMMISSION ACTION NOTES: bg ORDINANCE NO. 64-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.9, "OFF SITE PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.9(E), "IN LIEU FEE", TO REVISE THE IN LIEU PARKING FEE GENERAL PROVISIONS, TO REVISE THE IN LIEU PARKING FEE TO $6,000 PER SPACE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach finds that the current in lieu parking fee of $2,500 per space is insufficient to raise funds for the construction of additional parking in the Central Business and Old School Square Historic Arts Districts; and WHEREAS, pursuant to Section 1.1.6 of the City of Delray Beach Land Development Regulations, the Planning and Zoning Board reviewed the proposed revisions at its meeting of October 18, 1993, and forwarded this revision to the City Commission with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that this ordinance is consistent with the objectives and policies of the City of Delray Beach Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SeCtion ~, That Chapter 4, "Zoning Regulations", Article 4.6 "Supplemental District Regulations", Section 4.6.9, "Off-street Parking Regulations", Subsection 4.6.9(E), "In Lieu Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, ~ ~ ~~ ~¢~¢~/~ the City Commission ~ ~ the payment of a fee in-lieu of providing such required parking, ~ ~ ~ ~¢~¢~ ~ ~¢~ pursuant to the following provisions~ ~1~1~¢1¢~1~1~$~1~ ~~¢~I ~~ ~ The in lieu fee iS Q~lY authorized in the CBD or OSSHAD $oninq Districts in compliance with the Supplemental District Regulations provisions therein. The fee is hereby established at $~g~ S6.000 per space. Arrangements for payment ~$ shall be ~¢~$ approved by the City Commission at ~h$ Sim9 9f the approval of the in (c) Ail proceeds from such a fee shall be used for parking purposes. Tb~ in-lieu fee may be paid at one $$m$ Q~ iD installments. Installment payments may be made over a nine year period in ten payments. The first payment would be due upon signinq the installment agreement. The ;emainiDg nine payments would be due annually, No interest is to be charqed durinq the first three (31 years. Beqinninq in year four of the payment schedule, a simple interest rate of 5% per annum will apply to the unpaid balance and be added to payments five throuqh teB, Section $, 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. ~ That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section $, That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23 rd day of Novembmr , 1993. -2- ORD. NO. 64-93 ATTEST: Acting City Clerk First Reading....October 26, 1993 Second Reading N~v~mb~r ~: ]995 -3- ORD. NO. 64-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~ /~ - MEETING OF OCTOBER 26. 1993 ORDINANCE NO. 64-93 DATE: October 22, 1993 This is the first reading of an ordinance amending Section 4.6.9, "Off Site Parking Regulations", of the Land Development Regulations by amending Subsection 4.6.9 (E), "In Lieu Fee", to revise the in lieu parking fee general provisions, and to revise the in lieu parking fee to $6,000 per space. The proposed changes encompass the recommendations of the Parking Management Team and increase the in lieu of fee to meet fair market value for the construction of parking spaces. The Planning and Zoning Board at their October 18th meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 64-93 on first reading. If passed public hearing November 9th. A P~BL~C* HEARING will be ~lcI on the following propoeed O~(~inances at 7:00 P.M., (er at any cooft~uat~ ot such meeting whicl~ is set ~ tile Com- mission), on Tue~lay, November 9, 1993, iff the City Commission. Chain- be's, 100 N.W. Ist Avm~ue, Oelray Beach, Bi' which tinge'the C~Y Commis- sion win cMIsider Faeir adegtioh. The proposed ordinanCt~ q~aY be ins~oected at the Office of tM CIty Clerk 'at the City HaH, l~O N.W. 1st AYen~e, Delray Beach, Ftorida, ~ ~:~ A.M, to $:~ P.M., M~day tJlr~4Jgh Friday, except holidays. All interest~ parties are spect to the propo~ Ordinances. AN OROSNANCE OF THE CI~'Y COM. MISSION OF THE CITY OF DELRAY BEACH, FLON~DA REPEALING OR- OINANCE NUMBER ~ IN ITS TIRETY, AND ENACTIN~A NEW ORDINANCE AMENDING CHAPTER ~4, "SEWERS' OF THE CODE OF OR. DINANCE$ OF THE CITY 'OF DEL- RAY BEACh, FLOR~OA, BY AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEP- T ON", TO CLARIFY WHEN A SEW- ER CONNECTION CHARGE MU~T I BE PAID; BY REPEALING SECTION ~ ~1.32 AND ENACTING A NEw SEC- TION 54.32, "SERVICE RATES AND CHARGES" BY AMENDING SECTION 54.33, 'TIME AND METHOD OF: PAY- MENT OR SERVICE CHARGE~', TO CLARIFY THE COLLECTION OD OF SEWER CHARGESi PROVID- ~HG A SAVING CLAL~SE, k GENER. AL REPEALER CLAUSE AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CIT~ COM- MISSION OF THE CITY'OF DELRAY BEACH, FLORIDA; ANNEXING THREE,(3)PARCELS OF LAND TO i THE CiTY OF DELRAy REACH, ~ FLORIDA WITH INITIAL ~TY ZON- ING OF NC(NEIGHBORHCJDD COM- i MERCiA. L) O~STRtCT,; POD I (PROFESSIONAL OFFIC~ DIS- : TRICT) AND RM (MULTIPLE FA,MI- . LY RESIDENTIAL - MEDIUM DEN* SITY) DISTRICT; SAID LAND LY- ING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH~ RANGE 4~ ! EAST PALM BEACH COUNTY, FLORIDA, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC I AVENUE BETWEEN ~ARWICK : ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DE- SCRIBED HEREIN REDEFINING THE BOUNDARIES Oft SAID CITY TO INCLUDE SAID LARD; PROVID- (NG FOR THE R'GHTS AND GATIONS OF SAID LAND; PROViD- ING A GENERAL REPEALER ,CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE, AN ORDINANCE OF THE C TY MISSION OF THE CITY OF DELRAY I BEACH, FLORIDAi A~ENDING I CHAPTER 4, eZONING REGULA- i TIONS~, SECTION 4.4.13 "-CENTRAL GUS~NESS tCBD~ D~$TRtCT", SU~ SECTION 4.4.13 "SUPPLEMENTAL DISTRICT REGU. LATION$", OF THELAND DEVEL- OPMENTREGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORI- DA, TO CLARIFY THE PARKING REQUIREMENTS FOR THE CEN- TRALBUSINESS DISTRICT, PRO- ViDiNG A SAV)NG CLAUSE, A GEN- ERAL REPEALER CLAUSE,AND AH EFFECTIVE DATE, ON~ I~ M,II AN ORDINANCE OF THE CITY CO~ MISSION OF THE CITY OF DELRAY BEACH, FLORIDA . AMENDING CHAPTER 4; ~ZONING REGULA- TIONS', SECTION 4.6.9, ~FF SITE ~KING REGULATIONS", OF THE StONS, TO THE I~ LIEU PARKING FEE TO ~,0~ PER SPACE,pROVIDiNGA SAVING CLAUSE, A GENERAL CLAUSE,AND AN EFFECTIVE DATE. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ORDINANCE NO, 64-95 DATE: November 3, 1993 This is the second reading of an ordinance amending Section 4.6.9, "Off Site Parking Regulations", of the Land Development Regulations by amending Subsection 4.6.9 (E), "In Lieu Fee", to revise the in lieu parking fee general provisions, and to revise the in lieu parking fee to $6,000 per space. The proposed changes encompass the recommendations of the Parking Management Team and increase the in lieu of fee to meet fair market value for the construction of parking spaces. The Planning and Zoning Board at their October 18th meeting recommended approval. A detailed staff report is attached as backup material for this item. At the October 26th regular meeting, Ordinance No. 64-93 passed on first reading by a 4 to 1 vote (Mayor Lynch dissenting). Recommend approval of Ordinance No. 64-93 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM #\ ~ C - MEETING OF NOVEMBER 23. 1993 QRDINANCE NO. 64-93 DATE: November 19, 1993 At the November 9th regular meeting, Ordinance No. 64-93 was continued to the next scheduled regular meeting. At this meeting, Commissioners questioned the amount of the fee and the methodolgy of applying the fee across the board. This is the second reading of an ordinance amending Section 4.6.9, "Off Site Parking Regulations", of the Land Development Regulations by amending Subsection 4.6.9 (E), "In Lieu Fee", to revise the in lieu parking fee general provisions, and to revise the in lieu parking fee to $6,000 per space. The proposed changes encompass the recommendations of the Parking Management Team and increases the in lieu of fee to meet fair market value for the construction of parking spaces. The PMT considered the Commission concerns, however they did not feel it appropriate to modify the ordinance at this time. The Planning and Zoning Board at their October 18th meeting recommended approval. A detailed staff report is attached as backup material for this item. At the October 26th regular meeting, Ordinance No. 64-93 passed on first reading by a 4 to i vote (Mayor Lynch dissenting). Recommend approval of Ordinance No. 64-93 on second and final reading. 5-0