42-92 ORDINANCE NO. 42-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "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, BY REPEALING SUBPARAGRAPH 4.6.9{E) (4) IN ITS
ENTIRETY AND ENACTING A NEW SUBPARAGRAPH 4.6.9(E) (4);
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
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", Section
4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location
of Parking Spaces", Subparagraph 4.6.9(E) (4), "Off-Site Employee
Parking", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby repealed in its
entirety.
Section 2. That Chapter Four, "Zoning Regulations", Section
4.6.9, "Off-Street Parking 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, be, and the same is
hereby amended by enacting a new Subparagraph 4.6.9(E) (4) to read as
follows:
(4) Off-Site Parking: In instances where uses do not
have sufficient space to accommodate customer and employee
parking demands, parking requirements may be provided off-site
in accordance with the following.
(a) Normal Operations: Parking for day-to-day
operation may be provided on other property
within three hundred feet (300') provided that
both properties are of the same general type of
zone designation (i.e. commercial,' industrial,
office, etc) or when the off-site parking site
is zoned C.F. and a conditional use approval for
use as a parking lot has been approved, and when
in compliance with, and pursuant to, the
following:
(i) The 300' distance shall be measured along
an acceptable pedestrian route;
(ii) Approval of such off-site parking may be
granted by the body which has approval
authority of the related site and
development plan;
(iii) An agreement providing an easement for
such use is prepared pursuant to Subsection
(E) (5) and is recorded prior to
certification of the site and development
plan.
(iv) The providing of the parking easement shall
not diminish the ability of the property,
upon which it is placed, to accommodate its
required parking;
(b) Special Events/Facilities: In instances where
uses and/or facilities have large parking
demands/requirements and which are otherwise
subject to conditional use approval (e.g.
stadiums, places of assembly, community and
civic centers, recreational areas, etc) such
parking may be provided off-site in accordance
with the following.
(i) Approval of such off-site parking may be
granted by the body which has approval
authority of the related conditional use.
(ii) A parking and transportation plan must be
presented in order to obtain such approval.
The plan must identify parking areas and
demonstrate the manner in which
transportation to the use site, security,
maintenance, and related matters will be
accommodated.
(iii) Easements, agreements, or other
appropriate legal documents which assure
continued availability of such parking
shall be required as a part of the parking
and transportation plan.
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 all ordinances or parts of ordinances which
are in conflict herewith be, and the same are hereby repealed.
Section 5. 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 8th day of September , 1992.
ATTEST:
tity C~rk '
First Reading August 25, 1992
Second Reading September 8, 1992
-2- Ord. No. 42-92
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~/v ~ - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 42-92
DATE: September 4, 1992
This is the second reading of an ordinance amending the Land
Development Regulations by repealing Subparagraph 4.6.9 (E)(4) "Off
Site Parking" in its entirety and enacting a new Subparagraph 4.6.9
(E)(4) "Off Site Parking".
The pre-LDR Code had a subsection for employee parking and a
separate subsection for a mix of employee and customer parking. In
creating the LDRs, the subsection short titled incorrectly cites
"employee parking"; whereas the text accommodates both employee and
customer parking. Also, the text does not specifically refer to
off-site CF zoned property being eligible as an area for required
parking. An additional code deficiency exists in that there are no
provisions for accommodating off-site parking in those special
circumstances when it is necessary to accommodate a large number of
patrons. Thus, there is a need to update and correct this section.
Recommend approval of Ordinance No. 42-92 on second and final
reading.
CITY COMMISSION DOCUMENTATION
TO:~~EN,.~CITY MANAGER
FROM: U~VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 25, 1992
FIRST READINGt ORDINANCE AMENDING LDR SECTION
4.6.9(E)(4), LOCATION OF PARKING SPACES - OFF-SITE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval, on first reading, of an ordinance amending LDR
Section 4.6.9(E)(4). The subject is the location of
off-site parking spaces.
BACKGROUND:
This portion of the Code has existed, in some form, for more
than a decade. The pre-LDR Code had a subsection for employee
parking and a separate subsection for a mix of employee and
customer parking. In creating the LDRs, the subsection short
title incorrectly cites "employee parking"; whereas, the text
accommodates both employee and customer parking. Also, the text
does not specifically refer to off-site CF zoned property being
eligible as an area for required parking; but, in practice, such
situations have been accommodated. In-deed, the off-site CF
parking lot for Banker's Row - which is intended to accommodate
parking requirements for property on Banker's Row - is such an
example. Thus, there has been an identified need for up-dating
and correcting this section.
An additional code deficiency exists in that there are no
provisions for accommodating off-site parking in those special
circumstances when it is necessary to accommodate large numbers
of patrons and the parking will be located more than 300' from
the activity. This situation was brought to light in the
processing of the Tennis Stadium Conditional Use Application,
but also exists with respect to Old School Square, may exist
with respect to Miller Field and the Macci Tennis Academy, and
is anticipated to exist as more tourist, recreational, and
entertainment facilities occur within the City.
Attached is the proposed amendment. It shall be provided in
ordinance form at the meeting.
City Commission Documantation
First Reading, Ordinance Amending LDR Section 4.6.9(E)(4),
Location of Parking Spaces - Off-Site
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally reviewed this item
at a special meeting to be held on August 27th. The Board's
comments and recommendation will be presented at second reading.
RECOMMENDED ACTION:
By motion, approve this ordinance on first reading.
Attachment:
* Proposed language for the amendment
DJK/CCOFFPKG.DOC
PROPOSED AMENDMENT TO LDR SECTION 4.6.9(E)(4)
(E) Location of Parking Spaces:
(4) Off-site E~Z~ Parking: In instances where
do not have sufficient space to accommodate customer and
employee parking demands, 6ff~Z6 parking requirements may be
provided off-site in accordance with the following.
(a) Normal Operations: Parking for day-to-day
operation may be provided on other property
within three hundred feet (300') provided that
both properties are of the same general type of
zone designation (i.e. commercial, industrial,
office, etc) or when the off-site parking site is
zoned C.F. and a conditional use approval for use
as a parking lot has been approved, and when in
compliance with, and pursuant to, the following:
(i) The 300' distance shall be measured along an
acceptable pedestrian route;
(tt) Approval of such off-site ~I~ parking
~ may be granted ~M~MZ ~ZM by the
body which has approval authority of ~ the
related site and development plan;
(iii) ~ ~~ An agreement providing an
easement for such use is prepared pursuant
to Z½~ f~ZZ~ ~ Subsection (E)(5) and is
~~ recorded prior to certification of
the site and development plan.
(iv) The providing of the parking easement
shall not diminish the ability of the
property, upon which it is placed~ to
accommodate its required parking;
(b) Special Events/Facilities: In instances where
uses and/or facilities have large parking
demands/requirements and which are otherwise
subject to conditional use approval (e.g.
stadiums~ places of assembly~ community and civic
centers~ recreational areas, etc), such parking
may be provided off-site in accordance with the
following.
(i) Approval of such off-site parking may be
granted by the body which has approval
authority of the related conditional use.
(ii) A parkinq and transportation plan must be
presented in order to obtain such approval.
The plan must identify parkinq areas and
demonstrate the manner in which
transportation to the .use site~ security~
maintenance~ and related matters will be
accommodated.
(iii) Easements, agreements~ or other appropriate
legal documents which assure continued
availability of such parking shall be
required as a part of the parkinq and
transportation plan.
END OF PROPOSED AMENDMENT:
DJK/8/21/92
DJK/LDR469E4.DOC
- 3 -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: ~GENDA ITEM ~ }'~'~'- MEETING OF AUGUST 25. 1992
ORDINANCE NO. 42-92
DATE: August 21, 1992
This is a first reading of an ordinance amending the Land Development
Regulations by repealing Subparagraph 4.6.9 (E)(4) "Off Site Parking"
in its entirety and enacting a new Subparagraph 4.6.9 (E)(4) "Off
Site Parking".
The pre-LDR Code had a subsection for employee parking and a separate
subsection for a mix of employee and customer parking. In creating
the LDRs, the subsection short titled incorrectly cites "employee
parking"; whereas the text accommodates both employee and customer
parking. Also, the text does not specifically refer to off-site CF
zoned property being eligible as an area for required parking. An
additional code deficiency exists in that there are no provisions for
accommodating off-site parking in those special circumstances when it
is necessary to accommodate a large number of patrons. Thus, there
is a need to update and correct this section.
Recommend approval of Ordinance No. 42-92 on first reading.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
SUBJECT: SPECIAL MEETING OF AUGUST 27~ 1992
CONSIDERATION OF AN ORDINANCE AMENDING THE LDRS
ITEM BEFORE THE BOARD:
The action requested of the Board is that of review and
comment upon a proposed modification to Section 4.6.9(E)(4)
of the LDRs which addresses the location of parking spaces
which are provided/required with a use or facility.
Section 1.1.6(A) provides that prior to action on a
proposed amendment to the LDRs a recommendation is obtained
from the Planning and Zoning Board.
BACKGROUND:
This portion of the Code has existed, in some form, for more
than a decade. The pre-LDR Code had a subsection for employee
parking and a separate subsection for a mix of employee and
customer parking. In creating the LDRs, the subsection short
title incorrectly cites "employee parking"; whereas, the text
accommodates both employee and customer parking. Also, the text
does not specifically refer to off-site CF zoned property being
eligible as an area for required parking; but, in practice, such
situations have been accommodated. In-deed, the off-site CF
parking lot for Banker's Row - which is intended to accommodate
parking requirements for property on Banker's Row - is such an
example. Thus, there has been an identified need for up-dating
and correcting this section.
An additional code deficiency exists in that there are no
provisions for accommodating off-site parking in those special
circumstances when it is necessary to accommodate large numbers
of patrons and the parking will be located more than 300' from
the activity. This situation was brought to light in the
processing of the Tennis Stadium Conditional Use Application,
but also exists with respect to Old School Square, may exist
with respect to Miller Field and the Macci Tennis Academy, and
is anticipated to exist as more tourist, recreational, and
entertainment facilities occur within the City.
Attached is the proposed amendment.
P&Z Staff Report
Consideration of an Ordinance Amending the LDRS
Page 2
RECOMMENDED ACTION:
Review and comment, as deemed appropriate, and then provide a
recommendation to the City Commission.
Attachments:
* Text ofp~sed amendment
Prepared by:~ ~^ )~~~~
Reviewed by DD~6n.~r~
DJK/LDR827.DOC
PROPOSED AMENDMENT TO LDR SECTION 4.6.9(E)(4)
(E) Location of Parking Spaces~
(4) Off-site E~Z~ Parkinq~ In instances where
do not have sufficient space to accommodate customer and
employee parking demands, ~ff~X~ parking requirements may be
provided off-site in accordance with the following.
(a) Normal Operations: Parking for day-to-day
operation may be provided on other property
within three hundred feet (300') provided that
both properties are of the same general type of
zone designation (i.e. commercial, industrial,
office, etc) or when the off-site parking site is
zoned C.F. and a conditional use approval for use
as a parking lot has been approved, and when in
compliance with, and pursuant to, the following:
(i) The 300' distance shall be measured along an
acceptable pedestrian route;
(ii) Approval of such off-site ~16~ parking
~ may be granted ¢~~ W~ by the
body which has approval authoritY of ~ the
related site and development plan;
(iii) ~ ~~ An agreement providing an
easement for ~'such use is prepared pursuant
to ~ f~W~ ~ Subsection (E)(5) and is
~~ recorded prior to certification of
the site and development plan.
(iv) The providing of the parking easement
shall not diminish the ability of the
property, upon which it is placed, to
accommodate its required parking;
(b) Special Events/Facilities: In instances where
uses and/or facilities have large parkin~
demands/requirements and which are otherwise
subject to conditional use approval (e.g.
stadiums, places of assembly, community and civic
centers, recreationa! areas, etc), such parking
may be provided off-site in accordance with the
following.
(i) Approval of such off-site parkinq may be
granted by the body which has approval
authority of the related conditional use.
A parking and transportation plan must be
presented in order to obtain such approval.
The plan must identify parking areas and
demonstrate the manner in which
transportation to the use sitef securityf
maintenancet and related matters will be
accommodated.
(iii) Easements, agreements, or other, appropriate
legal documents which assure continued
availability of such parking shall be
required as a part of the parking and
transportation plan.
END OF PROPOSED AMENDMENT:
DJK/8/21/92
DJK/LDR469E4.DOC
- 3 -