Ord 13-98ORDINANCE NO. 13-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.6(H),
"TEMPORARY USE PERMIT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW
TEMPORARY PARKING LOTS IN CERTAIN AREAS WHEN
APPROVED BY THE CITY COMMISSION; PROVIDING
REGULATIONS AND RESTRICTIONS FOR SAID TEMPORARY
PARKING LOTS; 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 January 26, 1998, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), 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 DELP~AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(H), "Temporary Use
Permit", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Temporary Use Permit: A temporary use permit shall be
required for any of the uses listed below. The granting authority of
each use is as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission
Sales Offices and Models at a Residential
Development Site -- Chief Building Official
4. Construction Trailers and Compounds -- Chief
Building Official
5. City Operated Facilities -- City Commission
6. Seasonal Farmer's Market -- City Commission
7. TemDorar¥ Parkinq Lots -- City Commission
(3)
Regulations and Restrictions:
(d) Temporary Parking Lots:
A Temporary Parking Lot may be
permitted within the following areas:
** the portion of the Central Business
District (CBD) and Community
Facilities (CF) District which is
bounded by Swinton Avenue on the
west, the Intracoastal Waterway on
the east, N.E. 2nd Street on the
north, and S.E. 2nd Street on the
south;
** the portion of the CBD and CBD-RC
District which is bounded by N.E.
2nd Avenue on the west, the FEC
Railway on the east, N.E. 2nd
Street on the south, and N.E. 4th
Street on the north;
** the portion of the CBD located east
of the Intracoastal Waterway;
*,~ the non-residential zoning
districts bounded by Swinton Avenue
on the east, 1-95 on the west, N.W.
1st Street on the north, and S.W.
1st Street on the south.
Temporary parking lot spaces shall not
be used to fulfill minimum off-street
parking requirements for new
development or redevelopment.
Temporary lots may be used to
supplement required parking.
Prior to issuance of the temporary use
permit, the applicant shall submit a
site plan which includes proposed grade
elevations, landscaping and other
information which addresses the regular
maintenance of the parking surface and
irrigation of the landscaped areas.
- 2 - Ord. No. 13-98
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The City Engineer shall approve the
grading plan for the parking lot. The
site plan shall be reviewed and
recommended for approval by the Parking
Management Advisory Board prior to
submission to the City Commission for
consideration.
Permits for temporary parking lots
shall be issued for a one-year period.
Permits may be renewed annually to a
maximum of three (3) years upon review
and positive recommendation by the
Parking Management Advisory Board.
The temporary parking lot shall be
monitored for compliance with the
approved plan. Should the City Manager
find that the operation of a lot is not
in compliance or if the lot has an
adverse effect on surrounding
properties, and the applicant is unable
or unwilling to rectify the problem the
permit may be reviewed by the City
Commission for possible revocation.
Within thirty (30) days of expiration
of the permit, all rock or Gravel
surfaces shall either be removed or
covered with top soil.
then be sodded or
The site shall
landscaped as
determined acceptable by the Planning
and Zoning Department.
A Temporary ParkinG Lot shall be
constructed to the following
specifications:
so
The parking lot surface shall be
brought to grade with a dust-free
surface of one of the following
materials over soil which has been
compacted to 95% maximum density
per AASHTO T-180:
- 3 - Ord. No. 13-98
** four inches of crushed limerock
or shellrock coated with a
prime coat per FDOT "Standard
Specifications for Road and
Bridge Construction",
edition;
latest
** four inches of pearock, gravel
or river rock; or
** six inches of mulch.
b. If the lot is not operated on a
100% valet basis, wheel stops shall
be provided as a means to indicate
individual spaces. The size of the
parking spaces, maneuvering areas
and aisle widths shall be subject
to the standards of Section
4.6.9(D) (4). In addition, the
parking lot shall meet the
requirements of the "Florida
Accessibility Code
Construction".
for Building
c. If the lot is operated on a 100%
valet basis, then wheel stops shall
be provided at the edge of the
parking surface.
d. The lot shall meet the requirements
of Section 4.6.9(D} (3) for access
to the street system. Driveway
aprons between the edge of pavement
and the right-of-way line shall be
constructed of asphalt or concrete.
e. The parking lot perimeter shall be
buffered with a minimum 3 feet wide
landscape strip, screened with a
minimum 2 feet high hedge or 4 feet
high opaque fence. Water for
irrigation shall be available
within fifty (50) feet of all
landscaped areas.
- 4 -
Ord. No. 13-98
f o
If the parking lot is to be
utilized at night, the applicant
shall contract with FPL to install
supplementary lighting on adjacent
power poles where possible. The
applicant may, as an option,
provide alternative on-site
lighting for the parking lot.
Trees of 4 inches or Greater
diameter at 4-1/2 feet above the
Ground shall not be removed.
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.
PASSED AND ADOPTED in regular session on second and final
reading on this the 17th day of
ATTEST:
- Cit~ ~erk'-
March . , 1998.
First Reading March 3~ 1998
Second Reading March 17, 1998
- 5 - Ord. No. 13-98
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REWR ~, A ~VING
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~/
AGENDA ITEM # /0~- REGULAR MEETING OF MARCH 17, 1998
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 13-98
DATE:
(TEMPORARY PARKING LOTS)
MARCH 12, 1998
This is second reading and a public hearing for Ordinance No.
13-98 which amends LDR Section 2.4.6(H), "Temporary Use Permits",
to allow temporary parking lots in certain areas when approved by
the City Commission. The concept behind the amendment was
suggested by the Parking Management Team last year as a means to
address the growing demand for parking downtown.
The temporary parking lots would be permitted only in specified
sections of the Central Business District, in the Community
Facilities (CF) District bounded on the west by Swinton Avenue, on
the east by the Intracoastal Waterway, N.E. 2nd Street on the
north and S.E. 2nd Street on the south, and in portions of the
non-residential zoning districts between Swinton Avenue and 1-95.
Parking provided through these lots would be supplemental and
could not be used to fulfill minimum off-street parking
requirements. They would not be held to the strict design
standards required for parking lots, but would have to meet
certain specifications.
The Planning and Zoning Board considered the amendment at a public
hearing on January 26, 1998, and voted unanimously to recommend
approval subject to two modifications which have been incorporated
into the proposed ordinance. Additional comments were received
from the Downtown Development Authority and the Parking Management
Advisory Board. At first reading on March 3, 1998, it was the
majority consensus of the Commission not to incorporate their
comments and the ordinance was passed by a vote of 4 to 1, with
Mr. Schmidt dissenting.
Recommend approval of Ordinance No. 13-98 on second and final
reading.
ref:agmemo21
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MJx2q'AGER~
AGENDA ITEM #/~- REGULAR MEETING OF MARCH 3, 1998
ORDINANCE NO. 13-98 (TEMPORARY PARKING LOTS)
FEBRUARY 27, 1998
This is first reading for Ordinance No. 13-98 which amends LDR
Section 2.4.6(H), "Temporary Use Permits", to allow temporary
parking lots in certain areas when approved by the City
Commission. The concept behind the amendment was suggested by the
Parking Management Team last year as a means to address the
growing demand for parking downtown.
The temporary parking lots would be permitted only in specified
sections of the Central Business District, in the Community
Facilities (CF) District bounded on the west by Swinton Avenue, on
the east by the Intracoastal Waterway, N.E0 2nd Street on the
north and S.E. 2nd Street on the south, and in portions of the
non-residential zoning districts between Swinton Avenue and 1-95.
Parking provided through these lots would be supplemental and
could not be used to fulfill minimum off-street parking
requirements. They would not be held to the strict design
standards required for parking lots, but would have to meet
certain specifications.
The Planning and Zoning Board considered the amendment at a public
hearing on January 26, 1998, and voted unanimously to recommend
approval subject to two modifications which have been incorporated
into the proposed ordinance.
Additional comments have been received from the Downtown
Development Authority and the Parking Management Advisory Board,
which are set out in the attached addendum to staff documentation.
Items 2. and 3. need to be addressed by the City Commission, with
direction on whether or not to amend the proposed ordinance.
Recommend consideration of Ordinance No. 13-98 on first reading.
If passed, a public hearing will be scheduled for March 17, 1998.
ref:agmemo21
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
MEETING OF MARCH 3, '1998
LDR AMENDMENT ALLOWING TEMPORARY PARKING LOTS TO BE
PERMITTED WITHIN CERTAIN SECTIONS OF THE CBD AND PORTIONS OF
THE NON-RESIDENTIAL ZONING DISTRICTS BETWEEN SWINTON AVENUE
AND 1-95.
There was an oversight in the description of the area where temporary lots could be
permitted. Section 2.4.6 (H)(7)(3)(d)(1) should have also included the CF district
between Swinton Avenue and the Intracoastal Waterway. The first bullet in this section
should read as follows:
the portion of the Central Business District (CBD) and Community Facilities
District (CF/which is bounded by Swinton Avenue on the West, the Intracoastal
Waterway on the east, NE 2nd Street on the north and SE 2"~ Street on the
south.
The ordinance has already been amended to include this change. A map has also been
attached to show the total area where temporary lots could be permitted.
The DDA has made an additional comment to the proposed ordinance. The Board feels
that it is a hardship to require covering or removal of the reck base and resodding or
landscaping of temporary parking lots upon expiration of the permit. Section 2.4.6
(H)7(3)(d)7 reads as follows:
Within thirty (30) days of expiration of the permit, all rock or gravel surfaces shall
either be removed or covered with top soil. The site shall then be sodded or
landscaped as determined acceptable by the Planning and Zoning Department.
If the Commission concurs with this comment, Section 2.4.6 (H)(7)(3)(d)(7) should be
eliminated.
The Parking Management Advisory Board has also made an additional comment to the
proposed ordinance. The Board would like the option of utilizing a 4 feet high opaque
fence to screen the parking lot removed.
If the Commission concurs with this comment, Section 2.4.6 (H)(7)($)(d)(8)(e) should
be amended to read as follows:
The parking lot perimeter shall be buffered with a minimum 3 feet wide
landscape strip, screened with a minimum 2 feet high hedge cr 4 fcc*, high
cpcquc fc,",co. Water for irrigation shall be available within fifty (50) feet of all
landscaped areas.
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, P & Z DIRECTOR
RONALD R. HOGGARD, JR., SENIOR PLANNER'~. ~~"'~-----
MEETING OF FEBRUARY 17, 1998
LDR AMENDMENT ALLOWING TEMPORARY PARKING LOTS TO BE
PERMITTED WITHIN CERTAIN SECTIONS OF THE CBD AND PORTIONS OF
THE NON-RESIDENTIAL ZONING DISTRICTS BETWEEN SWINTON AVENUE
AND 1-95.
Last year, the Parking Management Team recommended that the Land Development
Regulations be amended to allow the use of vacant lots for temporary parking in the Central
Business District. There are currently no such provisions in the code. Current regulations
require that all parking lots within the City must meet standard design specifications. This usually
consists of an asphalt surface over a shellrock or limerock base, drainage, striping, lighting, etc.
In many cases, downtown business owners wish to provide additional parking (not required by
code) to help meet the growing demand, but the costs of meeting the design standards is
beyond their means. In other cases, they are able to make arrangements with other property
owners to use their land for parking, but the owners do not want to make significant
improvements to the property because their long term plans may call for a different use.
This amendment will allow additional parking to be provided more economically with a surface of
crushed rock, gravel or mulch and minimal landscaping. These lots will provide supplemental
parking. They may not be used to fulfill minimum off-street parking requirements. As the City
and CRA phase in more public spaces and the private sector provides additional permanent
spaces, the use of these temporary lots will be phased out.
The proposed amendment furthers Comprehensive Plan Future Land Use Element Policy C-4.1,
in that it encourages rehabilitation and revitalization in the downtown area by providing a means
to accommodate additional parking needs.
Parkinq Manaqement Team
At its meeting of January 21, 1998, the Parking Management Team voted unanimously to
recommend approval of the amendment, with the following comments:
Annual permit extensions should be reviewed by the Parking Management Advisory Board.
The language should be made clearer on this point.
· Pursuant to comments made by the City Engineer, the rock base should be increased from 2
inches to 4 inches in depth to support the proposed loads.
· Verify requirements pertaining to Florida Accessibility Code.
· Temporary lots should also be allowed in the CBD, east of the Intracoastal Waterway and
between NE 2~d Avenue and the railroad in Pineapple Grove.
· Instead of removing the rock base prior to landscaping after a parking lot is discontinued,
just cover the rock with top soil and landscape over the stabilized surface
City Commission Documentation
Amendment to LDR Section 2.4.6(H), Temporary Use Permit
Page 2
These changes were incorporated into the amendment prior to consideration by the Planning &
Zoning Board.
Community Redevelopment Agency
The CRA reviewed the proposed amendment at its January 22, 1998 meeting. Although the
Board did not make a formal recommendation, they made the following comments:
· The lots should also be permitted in the West Atlantic Avenue area;
· The cost of constructing a temporary lot to the proposed standards might be too high and
would limit the number of applicants who might consider it; and,
· What enforcement actions would be taken against existing illegal parking on vacant lots?
These comments were presented to the Planning & Zoning Board for discussion.
Planning & Zoning Board
The Planning and Zoning Board held a public hearing on the proposed amendment at its
meeting of January 26, 1998. The Board unanimously recommended approval of the
amendment subject to the following two modifications:
· Temporary lots should also be permitted in the non-residential zoning districts in the West
Atlantic Avenue corridor; and,
· As an alternative to contracting with FPL, the applicants may provide their own site lighting
in the parking lot.
The suggested changes have been incorporated into the proposed ordinance.
By motion, approve the proposed amendments to LDR Section 2.4.6(H), Temporary Use Permit,
as attached, based on a finding that the amendment furthers the goals, objectives and policies
of the Comprehensive Plan which relate to the revitalization of the downtown area.
Attachment:
· Proposed LDRAmendment
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~i
AGENDA ITEM REGULAR MEETING OF ~R~=/~-~, 1998
ORDINANCE NO. 13-98 (TEMPORARY PARKING LOTS)
FEBRUARY 13, 1998
This is first reading for Ordinance No. 13-98 which amends LDR
Section 2.4.6(H), "Temporary Use Permits", to allow temporary
parking lots in certain areas when approved by the City
Commission. The concept behind the amendment was suggested by the
Parking Management Team last year as a means to address the
growing demand for parking downtown.
The temporary parking lots would be permitted only in specified
sections of the Central Business District and in portions of the
non-residential zoning districts between Swinton Avenue and 1-95.
Parking provided through these lots would be supplemental and
could not be used to fulfill minimum off-street parking
requirements. They would not be held to the strict design
standards required for parking lots, but would have to meet
certain specifications.
The Parking Management Team (now Advisory Board) and the Community
Redevelopment Agency have reviewed and commented on the proposed
text amendment. The Planning and Zoning Board considered the
amendment at a public hearing on January 26, 1998, and voted
unanimously to recommend approval subject to two modifications
which have been incorporated into the proposed ordinance.
Recommend approval of Ordinance No. 13-98 on first reading.
passed, a public hearing will be scheduled for March 3, 1998.
If
ref:agmemo21
City Commission Documentation
Amendment to LDR Section 2.4.6(H), Temporary Use Permit
Page 3
Section 2.4.6 Procedures for Obtaining Permits and Approvals: The following procedures
shall be followed in obtaining various permits and approvals as indicated by subsection
headings.
(H) Temporary Use Permit: A temporary use permit shall be required for any of the
uses listed below. The granting authority of each use is as shown.
7. Temporary Parking Lots -- City Commission
(3) Regulations and Restrictions:
(d) Temporary Parking Lots:
A Temporary Parking Lot may be permitted within the following
areas:
· the portion of the Central Business District (CBD) which is
bounded by Swinton Avenue on the West, the Intra¢oastal
Waterway on the east, NE 2~ Street on the north and SE 2nd
Street on the south.
· the portion of the CBD and CBD-RC District which is
bounded by NE 2"-d Avenue on the West, the FEC railway on
the East, NE 2nd Street on the South and NE 4th Street on
the North.
the portion of the CBD located east of the Intracoastal
Waterway
the non-residential zoninq districts bounded by Swinton
Avenue on the East, 1-95 On the west, NE"Ist Street on the
north and SW 1st Street on the south. ~
Temporary parking lot spaces shall not be used to fulfill minimum
off-street parking requirements for new development or
redevelopment. Temporary lots may be used to supplement
required parking.
Prior to issuance of the temporary use permit, the applicant shall
submit a site plan which includes proposed grade elevations,
landscapinq and other information which addresses the regular
maintenance of the parking surface and irrigation of the
landscaped areas.
The City Engineer shall approve the grading plan for the parkinq
lot. The site plan shall be reviewed and recommended for
approval by the Parking Manaqement Advisory Board prior to
submission to the City Commission for consideration.
Permits for temporary parking lots shall be issued for a one-year
period. Permits may be renewed annually to a maximum of three
(3) years upon review and positive recommendation by the
Parking Management Advisory Board.
The temporary parking lot shall be monitored for compliance with
the approved plan. Should the City Manager find that the
operation of a lot is not in compliance or if the lot has an adverse
effect on surrounding properties1 and the applicant is unable or
- City Commission Documentation
Amendment to LDR Section 2.4.6(H), Temporary Use Permit
Page 4
unwilling to rectify the problem the permit may be reviewed by the
City Commission for possible revocation.
Within thirty (30) days of expiration of the permit, all rock or gravel
surfaces shall either be removed or covered with top soil. The site
shall then be sodded or landscaped as determined acceptable by
the Planning and Zoning Department.
A Temporary Parking Lot shall be constructed to the followinq
specifications:
The parking lot surface shall be brought to qrade with a dust-
free surface of one of the following materials over soil which
has been compacted to 95% maximum density per AASHTO
T-180:
· four inches of crushed limerock or shellrock coated
with a prime coat per FDOT "Standard Specifications
for Road and Bridqe Construction," latest edition;
four inches of pearock, gravel or river rock; or
six inches of mulch.
If the lot is not operated on a 100% valet basis, wheel stops
shall be provided as a means to indicate individual spaces.
The size of the parking spaces, maneuvering areas and aisle
widths shall be subiect to the standards of Section
4.6.9(D)(4). In addition, the parking lot shall meet the
requirements of the "Florida Accessibility Code for Building
Construction".
If the lot is operated on a 100% valet basis, then wheel stops
shall be provided at the edge of the parking surface.
The lot shall meet the requirements of Section 4.6.9(D)(3) for
access to the street system. Driveway aprons, between the
edge of pavement and the right-of-way, line shall be
constructed of asphalt or concrete.
The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet
high hedge or 4 feet hiqh opaque fence. Water for irrigation
shall be available within fifty (50) feet of all landscaped
areas.
If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on
adjacent power poles where possible. The applicant may, as
an option, provide alternative on-site lighting for the parking
lot.
Trees of 4 inches or qreater diameter at 4 ¼ feet above the
ground shall not be removed