Ord 02-08
ORDINANCE N0.02-08
AN ORDINANCE OF THE CTI'Y COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C),
"ACCESSORY USES AND STRUCTURES PERMITTED" TO
PROVIDE THAT MECHANICAL PARKING LIFTS ARE A
PERMITTED USE FOR AN IN-FILL DEVELOPMENT PROJECT
THAT HAS BEEN VACANT FOR A MINIMUM PERIOD OF ONE
YEAR; AMENDING SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF
PARKING SPACES", SUB-SUBSECTIONS 4.6.9(E)(3), "IN-LIEU
FEE", AND 4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE
THAT IN-LIEU FEES AND PUBLIC PARKING FEES ARE
AVAILABLE FOR IN-FILL DEVELOPMENTS THAT HAVE BEEN
VACANT FOR A PERIOD OF FNE YEARS OR LONGER;
AMENDING APPENDDC "A" TO PROVIDE A REVISED
DEFINITION FOR IN-FILL DEVELOPMENT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on November 19, and voted 6 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has detennined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That the recitations set forth above aze incorporated herein.
Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection
4.4.13(C), "Accessory Uses and Structures Permitted" 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:
(C) Accessory Uses and Structures Permitted: The following uses aze allowed when a
part of, or accessory to, the principal use:
(1) Pazking lots.
(2) Refuse and service azeas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of goods
occurs or in a sepazate structure on the same parcel provided that such storage facilities aze not
shazed or leased independent of the primary commercial use of the site.
(5) A single family residence, either sepazate or within a structure housing a
nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee
of a business enterprise conducted on the property.
(6) Recreational facilities attendant to amulti-family residential development, such as
tennis courts, swimming pools, exercise azeas, and meeting rooms.
(7) Single level mechanical parking lifts for in-fill development projects that have
been vacant for a minimum period of one (1Lyeaz, pursuant to the requirements of Sections
4.6.9(D)(11) and 4.6.9(F)(4).
Section 3. That Section 4.6.9, "Off-Street Pazking Regulations", Subsection 4.6.9(E),
"Location of Pazking Spaces", Sub-subsection 4.6.9(E)(3), " ]n-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: When a requirement for additional parking results from in-fill development,
which has been vacant for five (5) years or longer. ee from a change in use, or adding floor space
to an existing building; the City Commission may approve the payment of a fee in-lieu of
providing such required pazking. Before granting such approval, the City Commission must find
2 ORD. N0.02-08
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that it is impossible or inappropriate to provide the required number of on-site or off-street
parking spaces and that, in the case of building additions, no existing parking spaces will be
eliminated. Payment of a fee in-lieu of providing required pazking is not permitted for new
development. Furthermore, the in-lieu fee option will not be available in the event of a change in
use or addition of floor space if either occurs within two yeazs of the granting of the Certificate of
Occupancy (C.O.) for a new development. The fee in-lieu option will be available two years
after the date of the granting of the C.O.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(b) Arrangements for payment shall be approved by the City Commission at the
time of the approval of the in-lieu fee. The fee amount shall be based upon the
location of the property for which in-lieu fees aze being sought. Area
descriptions and corresponding fee amounts are hereby established as follows:
(See page 4.6 - 52 for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which aze zoned
CBD - $18,200 per space.
(2) Area 2: Pazcels located west of the Intracoastal Waterway which are
zoned CBD or CBD-RC and which aze not included within the Pineapple
Grove Main Street azea, West Atlantic Neighborhood or Block 69 located
in the Old School Squaze Historic Arts District (OSSHAD) - $15,600 per
space.
(3) Area 3: Pazcels located within the OSSHAD zoning district, except for
Block 69 as noted in Area 2; and parcels located within the Pineapple
Grove Main Street area which are zoned CBD or CBD-RC - $7,800 per
space.
(4) Area 4: Pazcels located within the West Atlantic Neighborhood which are
zoned CBD - $4,000 per space.
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ORD. N0.02-08
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ORD. N0.02-08
(c) All proceeds from such a fee shall be used for pazking purposes.
(d) For property owners opting to pay in full, or lessees of properties, payment of
the in-lieu fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full at time of
permit, must enter into an In-Lieu of Pazking Fee Agreement with the City.
Such agreement shall be recorded with the Public_Records Office of Palm
Beach County, Florida. The obligations imposed by such an In-Lieu of Pazking
Fee Agreement constitute a restrictive covenant upon a property, and shall bind
successors, heirs and assigns. The restrictive covenant shall be released upon
full payment of the in-lieu pazking fees including attorneys' fees and costs. In-
Lieu of Parking Fee Agreements shall only be made between the City and the
Owner(s) of the subject property. If an In-Lieu of Pazking Fee Agreement is
entered into, installment payments shall be made over athree-year time period
in three installments. The first installment shall be 50% of the total fee and is
to be paid upon signing the agreement. The second installment shall be 25% of
the total fee and is due on the second anniversary date of the signing of the
agreement. The third and final payment of 25% of the total fee is due on the
third anniversary date of the signing of the agreement. There shall be no
interest due under this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of--way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorized by the City
Commission. The applicant will be credited up to one-half of a parking space
for each full pazking space constructed within public right-of--way. (For
example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant
constructs 4 spaces in the right-of--way; the applicant must only pay the in-lieu
fee for 2 spaces). Crediting of spaces constructed in the right-of--way resulting
in a fraction shall be rounded down. Credit may not be taken for those pazking
spaces constructed in the public right-of--way which aze required to meet the
performance standazds for. new developments.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan
or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set forth in the Land
ORD. N0.02-OS
,.
Development Regulations at the time payment is made for spaces required to
accommodate the associated site plan or site plan modification.
Section 4. That Section 4.6.9, "Off-Street Pazking Regulations", Subsection 4.6.9(E),
"Location of Parking Spaces", Sub-subsection 4.6.9(E)(4), "Public Parking 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:
(4) Public Parking Fee: When pazking requirements aze applied to new development, in-fill
development, which has been vacant for five (5) years or loneer, from a change of use, or adding
floor space to an existing building; the City Commission may approve the payment of a fee
towards the construction of a public pazking structure in-lieu of providing such required pazking
on-site. This option cannot be utilized in conjunction with the In-Lieu Fee provisions of
subsection 4.6.9(E)(3) or Section 4.6.9(B)(4), where private land is acquired by a governmental
entity for parking or pazk purposes.
(a) For properties located within 600' of a programmed public parking facility,
excluding property zoned CBD and/or CBD-RC, an alternative to providing all
the required pazking on-site is to contribute towazds the construction of the
pazking facility. The cost per space shall be based upon the location of the
property for which the public pazking fee is being sought. Area descriptions
and corresponding fee amounts are hereby established as follows: If for
whatever reason the public parking does not get built the City shall retain the
fee to provide parking or pazking maintenance in the quadrant of the City
where the development is located.
(1) Area 1: Parcels located east of Swinton Avenue and South Dixie
Highway - $18,000 per space.
(2) Area 2: Pazcels located west of the Swinton Avenue and South Dixie
Highway - $16,000 per space.
(b) The Public Pazking Fee is limited to no more than 25% of the total required
parking of a development not to exceed 10% of the total number of pazking
spaces associated with the Programmed Public Pazking Facility. Within a
Programmed Public Pazking Facility, a maximum of 25% of the total number
of pazking spaces provided within the Facility are available to the Public
Parking Fee Program.
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ORD. NO. 02-08
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(c) When a programmed public pazking facility is not anticipated to be constructed
within three (3) years of site plan approval of the proposed development, a
building permit will not be issued unless the proposed development constructs
additional on-street parking within the right-of--way adjacent to the
development equating to 75% of the total number of spaces subject to the
Public Parking Fee.
(d) Where adequate right-of--way exists adjacent to the proposed project for which
the fee has been approved, the applicant must construct additional on-street
pazking, not to exceed the total amount of spaces subject to the fee unless
authorized by the City Commission. The applicant will be credited up to one-
half of a parking space for each full parking space constructed within public
right-of--way. (For example, the applicant requests to pay the public pazking fee
on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the applicant
must only pay the public pazking fee for 2 spaces). Crediting of spaces
constructed in the right-of--way resulting in a fraction shall be rounded down.
(e) All required residential and guest parking spaces associated with a
development and required guest room pazking for hotels, motels, residential-
type inns, bed and breakfasts, and similaz uses must be provided on-site.
(f) The public pazking fee must be paid in full upon issuance of a building permit.
(g) The Director of Planning and Zoning or designee shall maintain a record of the
developments that utilize the Public Pazking Fee Program and the number of
spaces allocated to the program for each Programmed Public Pazking Facility.
(h) The operating hours of the Programmed Public Pazking Facility are at the sole
discretion of the governmental entity that owns the facility, and shall not be
affected by pazking spaces intended for commercial tenants of the
development.
(i) The Public Pazking Fee amount shall be reviewed at a minimum every two (2)
yeazs and the fee adjusted as warranted.
(j) Requests to allow public pazking fee payments that are not associated with a
site plan or a site plan modification shall expire two yeazs after such request is
approved. The fee chazged shall be the fee that is set forth in the Land
Development Regulations at the time payment is made for spaces required to
accommodate the associated site plan or site plan modification.
ORD. NO. 02-08
Section 5. That Appendix "A" 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:
IN-FILL DEVELOPMENT: The development of a single parcel having frontage on one street or
two streets for a comer pazcel, and is
surrounded by buildings on two or more sides.
Section 6. That should any section or provision of this ordinance or any portion
thereof, any pazagraph, 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 declazed to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on
this 19`h day of February, 2008.
ATTEST:
`J . 11~.l~fGe+p1
City Clerk
First Readin ~ ~ ~~
Second Readin ~,
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MAYOR
ORD. N0.02-OS
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: February 8, 2008
SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008
ORDINANCE NO. 02-OS -SECOND READING
ITEM BEFORE COMMISSION
This ordinance is before the Commission for a City initiated amendment to the Land Development
Regulations (LDR) Sections 4.4.13(C) and 4.69(E)(4), to apply minimum property vacancy period
requirements for mechanical parking lifts, in-lieu of parking fees, and public parking fees For in-fill
developments within the Central Business District (CBD) and also to Appendix "A", Definitions, to
amend the definition of In-Fill Development.
BACKGROUND
At the first reading on February 5, 2008, the Commission passed Ordinance No. 02-08.
RECOMMENDATION
Recommend approval of Ordinance No. 02-08 on second and final reading.
ORDINANCE NO.02-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C),
"ACCESSORY USES AND STRUCTURES PERMITTED" TO
PROVIDE THAT MECHANICAL PARKING LIFTS ARE A
PERMITTED USE FOR AN IN-FILL DEVELOPMENT PROJECT
THAT HAS BEEN VACANT FOR A MINIMUM PERIOD OF ONE
YEAR; AMENDING SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF
PARKING SPACES", SUB-SUBSECTIONS 4.6.9(E)(3), "IN-LIEU
FEE", AND 4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE
THAT IN-LIEU FEES AND PUBLIC PARKING FEES ARE
AVAILABLE FOR IN-FILL DEVELOPMENTS THAT HAVE BEEN
VACANT FOR A PERIOD OF FIVE YEARS OR LONGER;
AMENDING APPENDIX "A" TO PROVIDE A REVISED
DEFINITION FOR IN-FILL DEVELOPMENT; 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
proposed text amendment at a public hearing held on November 19, 2007 and voted 6 to 0 to
recommend that the changes be approved; 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 change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE [T ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection
4.4.13(C), "Accessory Uses and Structures Permitted" of the Land Development Regulations of
the Code of Ordinances of the Ciry of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of goods
occurs or in a separate structure on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the site.
(5) A single family residence, either separate or within a structure housing a
nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee
of a business enterprise conducted on the property.
(6) Recreational facilities attendant to amulti-family residential development, such as
tennis courts, swimming pools, exercise areas, and meeting rooms.
(7) Single level mechanical parking lifts for in-Fill development projects that have
been vacant for a minimum period of one (1) year, pursuant to the requirements of Sections
4.6.9(D)(11) and 4.6.9(F)(4).
Section 3. That 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: When a requirement for additional parking results from in-fill development,
which has been vacant for five (5)_years or longer, e~ from a change in use, or adding floor space
to an existing building; the City Commission may approve the payment of a fee in-lieu of
providing such required parking. Before granting such approval, the City Commission must find
that it is impossible or inappropriate to provide the required number of on-site or off-street
parking spaces and that, in the case of building additions, no existing parking spaces will be
eliminated. Payment of a fee in-lieu of providing required parking is not permitted for new
development. Furthermore, the in-lieu fee option will not be available in the event of a change
in use or addition of floor space if either occurs within two years of the granting of the
Certificate of Occupancy (C.O.) for a new development. The fee in-lieu option will be available
two years after the date of the granting of the C.O.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(b) Arrangements for payment shall be approved by the City Commission at the
time of the approval of the in-lieu fee. The fee amount shall be based upon the
location of the property for which in-lieu fees are being sought. Area
descriptions and corresponding fee amounts are hereby established as follows:
(See page 4.6 - 52 for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are
zoned CBD - $18,200 per space.
(2) Area 2: Parcels located west of the Intracoastal Waterway which are
zoned CBD or CBD-RC and which are not included within the Pineapple
Grove Main Street area, West Atlantic Neighborhood or Block 69 located
in the Old School Square Historic Arts District (OSSHAD) - $15,600 per
space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for
Block 69 as noted in Area 2; and parcels located within the Pineapple
Grove Main Street area which are zoned CBD or CBD-RC - $7,800 per
space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which are
zoned CBD - $4,000 per space.
2 ORD. NO. 02-08
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(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties, payment of
the in-lieu fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full at time of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City.
Such agreement shall be recorded with the Public_Records Office of Palm
Beach County, Florida. The obligations imposed by such an In-Lieu of
Parking Fee Agreement constitute a restrictive covenant upon a property, and
shall bind successors, heirs and assigns. The restrictive covenant shall be
released upon full payment of the in-lieu parking fees including attorneys' fees
and costs. In-Lieu of Parking Fee Agreements shall only be made between the
City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee
Agreement is entered into, installment payments shall be made over athree-
year time period in three installments. The first installment shall be 50% of the
total fee and is to be paid upon signing the agreement. The second installment
shall be 25% of the total fee and is due on the second anniversary date of the
signing of the agreement. The third and final payment of 25% of the total fee
is due on the third anniversary date of the signing of the agreement. There
shall be no interest due under this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorized by the City
Commission. The applicant will be credited up to one-half of a parking space
for each full parking space constructed within public right-of--way. (For
example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant
constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu
fee for 2 spaces). Crediting of spaces constructed in the right-of--way resulting
in a fraction shall be rounded down. Credit may not be taken for those parking
spaces constmcted in the public right-of--way which are required to meet the
performance standards for. new developments.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan
or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set forth in the Land
Development Regulations at the time payment is made for spaces required to
acco~mnodate the associated site plan or site plan modification.
ORD. NO. 02-08
Section 4. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.69(E),
"Location of Parking Spaces", Sub-subsection 4.69(E)(4), "Public Parking 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:
(4) Public Parking Fee: When parking requirements are applied to new development, in-fill
development, which has been vacant for five (5) years or IonQer, from a change of use, or adding
floor space to an existing building; the City Commission may approve the payment of a fee
towards the construction of a public parking structure in-lieu of providing such required parking
on-site. This option cannot be utilized in conjunction with the In-Lieu Fee provisions of
subsection 4.69(E)(3) or Section 4.69(B)(4), where private land is acquired by a governmental
entity for parking or park purposes.
(a) For properties located within 600' of a programmed public parking facility,
excluding property zoned CBD and/or CBD-RC, an alternative to providing all
the required parking on-site is to contribute towards the construction of the
parking facility. The cost per space shall be based upon the location of the
property for which the public parking fee is being sought. Area descriptions
and corresponding fee amounts are hereby established as follows: If for
whatever reason the public parking does not get built the City shall retain the
fee to provide parking or parking maintenance in the quadrant of the City
where the development is located.
(1) Area 1: Parcels located east of Swinton Avenue and South Dixie
Highway - $18,000 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dixie
Highway - $16,000 per space.
(b) The Public Parking Fee is limited to no more than 25% of the total required
parking of a development not to exceed 10% of the total number of parking
spaces associated with the Programmed Public Parking Facility. Within a
Programmed Public Parking Facility, a maximum of 25% of the total number
of parking spaces provided within the Facility are available to the Public
Parking Fee Program.
(c) When a programmed public parking facility is not anticipated to be constructed
within three (3) years of site plan approval of the proposed development, a
building permit will not be issued unless the proposed development constructs
additional on-street parking within the right-of--way adjacent to the
ORD. NO. 02-08
development equating to 75% of the total number of spaces subject to the
Public Parking Fee.
(d) Where adequate right-of--way exists adjacent to the proposed project for which
the fee has been approved, the applicant must construct additional on-street
parking, not to exceed the total amount of spaces subject to the fee unless
authorized by the City Commission. The applicant will be credited up to one-
half of a parking space for each full parking space constructed within public
right-of--way. (For example, the applicant requests to pay the public parking
fee on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the
applicant must only pay the public parking fee for 2 spaces). Crediting of
spaces constructed in the right-of--way resulting in a fraction shall be rounded
down.
(e) All required residential and guest parking spaces associated with a
development and required guest room parking for hotels, motels, residential-
type inns, bed and breakfasts, and similar uses must be provided on-site.
(f) The public parking fee must be paid in full upon issuance of a building pennit.
(g) The Director of Planning and Zoning or designee shall maintain a record of the
developments that utilize the Public Parking Fee Program and the number of
spaces allocated to the program for each Programmed Public Parking Facility.
(h) The operating hours of the Programmed Public Parking Facility are at the sole
discretion of the governmental entity that owns the facility, and shall not be
affected by parking spaces intended for commercial tenants of the
development.
(i) The Public Parking Fee amount shall be reviewed at a minimum every two (2)
years and the fee adjusted as warranted.
Q) Requests to allow public parking fee payments that are not associated with a
site plan or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set forth in the Land
Development Regulations at the time payment is made for spaces required to
accommodate the associated site plan or site plan modification.
Section 5. That Appendix "A" 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:
6 ORD. NO. 02-08
IN-FILL DEVELOPMENT: The development of a single parcel having frontage on one street
or two streets for a corner parcel, °-•a •°"~~'- "°°'~~°~ • °~°~~''~- ~• ° ~" • °°-° ~-'~~°~- and is
surrounded by buildings on two or more sides.
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. 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 day of , 200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
7 ORD. N0.02-08
J
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: January 31, 2008
SUBJECT: AGENDA ITEM 12.A, -.REGULAR COMMISSION MEETING OF FEBRUARY 5, 2005
ORDINANCE NO. 02-08
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations Section 4.4.13(C),
4.69(E)(3) and 4.69(E)(4) to apply minimum property vacancy period requirements for mechanical
parking lifts, in-lieu of parking fees, and public parking fees for in-fill developments within the CBD,
and also to Appendix "A", Definitions, to amend the definition of In-fill Development.
BACKGROUND
Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill
development projects [Section 4.4.13(C)(7)]. The current definition of In-fill Development would allow
the parking lifts option only if the parcel had been vacant for five (5) or more years. This innovative
parking technique is appropriate for in-fill development and to require a vacancy for five (5) years
appears excessive. This amendment establishes a one year period over which a parcel must remain
vacant.
The options of applying either the In-lieu of Parking Fee, or the Public Parking Fee, are currently
available only for In-fill Developments in the CBD, which, by current definition, requires the subject
property to be vacant for a minimum period of five (5) years. This LDR amendment retains the five (5)
year vacancy requirement for these options and moves this detail to the specific LDR sections for in-
lieu parking fee and public parking, and removes the five (5) year minimum property vacancy period
from the definition of In-fill Development in Appendix `A.'
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on November 19, 2007. No one
from the public spoke on the issue. The Board unanimously recommended approval on a 6 to 0 vote by
adopting the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 02-08 for aCity-initiated amendment to the Land
Development Regulations Sections 4.4.13(C), 4.69(E)(3), 4.69(E)(4), and Appendix "A" Definitions,
by adopting the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
ORDINANCE NO.02-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.)3, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C),
"ACCESSORY USES AND STRUCTURES PERMITTED" TO
PROVIDE THAT MECHANICAL PARKING LIFTS ARE A
PERMITTED USE FOR AN IN-FILL DEVELOPMENT PROJECT
THAT HAS BEEN VACANT FOR A MINIMUM PERIOD OF ONE
YEAR; AMENDING SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF
PARKING SPACES", SUB-SUBSECTIONS 4.6.9(E)(3), "IN-LIEU
FEE", AND 4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE
THAT IN-LIEU FEES AND PUBLIC PARKING FEES ARE
AVAILABLE FOR IN-FILL DEVELOPMENTS THAT HAVE BEEN
VACANT FOR A PERIOD OF FIVE YEARS OR LONGER;
AMENDING APPENDIX "A" TO PROVIDE A REVISED
DEFINITION FOR IN-FILL DEVELOPMENT; 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
proposed text amendment at a public hearing held on November 19, and voted 6 to 0 to
recommend that the changes be approved; 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 change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.13, °Central Business (CBD) Districf', Subsection
4.4.13(C), "Accessory Uses and Structures Permitted" 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:
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(I) Parking bts.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of goods
occurs or in a separate structure on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the site.
(5) A single family residence, either separate or within a structure housing a
nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee
of a business enterprise conducted on the property.
(6) Recreational facilities attendant to amulti-family residential development, such as
tennis courts, swimming pools, exercise areas, and meeting rooms.
(7) Single level mechanical parking lifts for in-fill development projects on parcels
that have been vacant for a minimum period of one (11 year, pursuant to the requirements of
Sections 4.69(D)(11) and 4.69(F)(4).
Section 3. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.69(E),
"Location of Parking Spaces", Sub-subsection 4.69(E)(3), `9n-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: When a requirement for additional parking results from in-fill development,
on parcels which have been vacant for five (5) years or longer, er from a change in use, or adding
floor space to an existing building; the City Commission may approve the payment of a fee in-
lieu of providing such required parking. Before granting such approval, the City Commission
must find that it is impossible or inappropriate to provide the required number of on-site or off-
street parking spaces and that. in the case of building additions, no existing parking spaces will
be eliminated. Payment of a fee in-lieu of providing required parking is not permitted for new
development. Furthermore, the in-lieu fee option will not be available in the event of a change in
use or addition of floor space if either occurs within two years of the granting of the Certificate of
Occupancy (C.O.) for a new development. The fee in-lieu option will be available two years
after the date of the granting of the C.O.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(b) Arrangements for payment shall be approved by the City Commission at the
time of the approval of the in-lieu fee. The fee amount shall be based upon the
location of the property for which in-lieu fees are being sought. Area
descriptions and corresponding fee amounts are hereby established as follows:
(See page 4.6 - 52 for corresponding map).
(1) Area 1: Parcels located east of the lntracoastal Waterway which are zoned
CBD - $18,200 per space.
(2) Area 2: Parcels located west of the lntracoastal Waterway which are
zoned CBD or CBD-RC and which are not included within the Pineapple
Grove Main Street area, West Atlantic Neighborhood or Block 69 located
in the Old School Square Historic Arts District (OSSHAD) - $15,600 per
space.
(3) Area 3: Parcels located within the OSSHAD zoning district, except for
Block 69 as noted in Area 2; and parcels located within the Pineapple
Grove Main Street area which are zoned CBD or CBD-RC - $7,800 per
space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which are
zoned CBD - $4,000 per space.
2 ORD. NO. 02-08
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ORD. NO. 02-OS
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties, payment of
the in-lieu fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full a[ tune of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City.
Such agreement shall be recorded with the Public_Records Office of Palm
Beach County, Florida. The obligations imposed by such an In-Lieu of Parking
Fee Agreement constitute a restrictive covenant upon a property, and shall bind
successors, heirs and assigns. The restrictive covenant shall be released upon
full payment of the in-lieu parking fees including attorneys' fees and costs. In-
Lieu of Parking Fee Agreements shall only be made between the City and the
Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is
entered into, installment payments shall be made over athree-year time period
in three installments. The first installment shall be 50% of the total fee and is
to be paid upon signing the agreement. The second installment shall be 25% of
the total fee and is due on the second anniversary date of the signing of the
agreement. The third and final payment of 25% of the total fee is due on the
third anniversary date of the signing of the agreement. There shall be no
interest due under this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of--way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorized by the City
Commission. The applicant will be credited up to one-half of a parking space
for each full parking space constructed within public right-of--way. (For
example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant
constructs 4 spaces in the right-of--way; the applicant must only pay the in-lieu
fee for 2 spaces). Crediting of spaces constructed in the right-of--way resulting
in a fraction shall be rounded down. Credit may not be taken for those parking
spaces constructed in the public right-of--way which are required to meet the
performance standards for. new developments.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan
or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set forth in the Land
4 ORD. NO. 02-OR
Development Regulations at the time payment is made for spaces required to
accommodate the associated site plan or site plan modification.
Section 4. That Section 4.6.9, "Oft=Street Parking Regulations", Subsection 4.69(F),
"Location of Parking Spaces", Sub-subsection 4.69(E)(4), "Public Parking 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 [o read as follows:
(4) Public Parking Fee: When parking requirements are applied to new development, in-fill
development, which has been vacant for five (5) years or IonQer, from a change of use, or adding
floor space to an existing building; the City Commission may approve the payment of a fee
towards the construction of a public parking structure in-lieu of providing such required parking
on-site. This option cannot be utilized in conjunction with the In-Lieu Fee provisions of
subsection 4.69(E)(3) or Section 4.69(B)(4), where private land is acquired by a governmental
entity for parking or park purposes.
(a) For properties located within 600' of a programmed public parking facility,
excluding property zoned CBD and/or CBD-RC, an alternative to providing all
the required parking on-site is to contribute towards the construction of the
parking facility. The cost per space shall be based upon the location of the
property for which the public parking fee is being sought. Area descriptions
and corresponding fee amounts are hereby established as follows: If for
whatever reason the public parking does not get built the City shall retain the
fee to provide parking or parking maintenance in the quadrant of the City
where the development is located.
(I) Area 1: Parcels located east of Swinton Avenue and South Dixie
Highway - $18,000 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dixie
Highway - $ 16,000 per space.
(b) The Public Parking Fee is limited to no more than 25% of the total required
parking of a development not to exceed 10% of the total number of parking
spaces associated with the Programmed Public Parking Facility. Within a
Programmed Public Parking Facility, a maximum of 25% of the total number
of parking spaces provided within the Facility are available to the Public
Parking Fee Program.
5 ORD. NO. 02-OS
(c) When a programmed public parking facility is not anticipated to be constructed
within three (3) years of site plan approval of the proposed development, a
building permit will not be issued unless [lie proposed development constructs
additional on-street parking within the right-of--way adjacent to the
development equating to 75% of the total number of spaces subject to the
Public Parking Fee.
(d) Where adequate right-of--way exists adjacent to the proposed project for which
the fee has been approved, the applicant must construct additional on-street
parking, not to exceed the total amount of spaces subject to the fee unless
authorized by the City Commission. The applicant will be credited up to one
half of a parking space for each full parking space constructed within public
right-of--way. (For example, the applicant requests to pay the public parking fee
on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the applicant
must only pay the public parking fee for 2 spaces). Crediting of spaces
constructed in the right-of--way resulting in a fraction shall be rounded down.
(e) All required residential and guest parking spaces associated with a
development and required guest room parking for hotels, motels, residential-
type inns, bed and breakfasts, and similar uses must be provided on-site.
(f) The public parking fee must be paid in full upon issuance of a building permit.
(g) The Director of Planning and Zoning or designee shall maintain a record of the
developments that utilize the Public Parking Fee Program and the number of
spaces allocated to the program for each Programmed Public Parking Facility.
(h) The operating hours of the Programmed Public Parking Facility are at the sole
discretion of the governmental entity that owns the facility, and shall not be
affected by parking spaces intended for commercial tenants of the
development.
(i) The Public Parking Fee amount shall be reviewed at a minimum every two (2)
years and the fee adjusted as warranted.
(j) Requests to allow public parking fee payments that are not associated with a
site plan or a site plan modification shall expire two years after such request is
approved. The fee charged shall be the fee that is set forth in the Land
Development Regulations at the time payment is made for spaces required to
accommodate the associated site plan or site plan modification.
ORD. NO. 02-08
Section 5. That Appendix "A" 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:
IN-FILL DEVELOPMENT: The development of a single parcel having frontage on one street or
two streets for a corner parcel, ^^a ^ "~^" "^^ "°°^ ~ ^^''^- r"° ic` ~ ° °'^^^°° and is
surrounded by buildings on two or more sides.
Section 6. 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 [he validity of the remainder hereof as a whole or par[
thereof other than the par[ declared to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. 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 day of , 200_
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
7 ORD. NO. 02-08
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: NOVEMBER 19, 2007
AGENDA NO: IV.D.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX A,
DEFINITIONS, TO REDUCE THE DURATION OVER WHICH A SINGLE
PARCEL MUST BE VACANT FOR ITS DEVELOPMENT TO QUALIFY AS
IN-FILL DEVELOPMENT.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations (LDRs) to reduce the duration over which a
single parcel must be vacant for its development to qualify as in-fill development.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUNDIANALYSIS
The current definition of In-Fill Development requires that a single parcel on one street (or two
streets for a corner property), be vacant for five (5) or more years, and be surrounded by buildings
on two or more sides in order for development of the parcel to meet the definition of In-fill
Development. The proposed definition reduces the duration over which a subject parcel must be
vacant to one (1) year.
When this definition was added to the LDRs in January, 2005, the restriction of five (5) or more
years was to prevent someone from tearing down a structure, and immediately rebuilding under
the category of in-fill development. The in-fill category, along with changes of use and additions to
existing buildings, can utilize the in-lieu of parking option, while new construction can not.
Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill
development projects [Section 4.4.13(C)(7)]. The in-fill development definition would allow the
accessory use only if the parcel had been vacant for five (5) or more years. This innovative parking
technique is appropriate for in-fill development and to require a vacancy for five (5) years is
excessive. The amendment to reduce it to one (1) year will continue to provide the necessary
safeguards while making the option more available.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. The following objective was identified:
Planning and Zoning Board Meeting, November 19, 2007
LDR Amendment -Definition of In-Fill Development
Objective A-5 states that "[t]he City shall maintain its Land Development Regulations, which
shall be regularly reviewed and updated, to provide streamlining of processes and to
accommodate planned unit developments (PUD), mixed-use developments, and other
innovative development practices." The proposed amendment furthers this objective and is
therefore consistent.
REVIEW BY OTHERS
The following advisory boards reviewed and made the following recommendations:
Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and
recommended the duration be reduced to two (2) years instead of one (1) year as proposed.
The Community Redevelopment Agency reviewed the amendment at their November 8, 2007
meeting and recommended approval of a duration of one (1) year.
The Downtown Development Authority reviewed the amendment at their November 12, 2007
meeting and recommended approval.
The West Atlantic Redevelopment Coalition reviewed the amendment at their November 14,
2007 meeting and recommended approval.
Notices:
A courtesy notice was provided to the following organization:
• Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
'ASSESSMENT AND CONCLUSION
The purpose of this city-initiated LDR text amendment is to amend the definition of "in-fill
development" to reduce the duration that a parcel must be vacant in order for its development to
qualify as in-fill development. Recent LDR changes have allowed single level mechanical parking
lifts in the CBD for infill development projects. However, use of this innovative parking technique is
limited by the restriction that parcels be vacant for a minimum of five (5) years. The amendment to
reduce it to one (1) year will continue to provide the necessary safeguards while making the option
more available.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M).
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law
Planning and Zoning Board Meeting, November 19, 2007
LDR Amendment -Definition of In-Fill Development
contained in the staff report, and finding that the text amendment and approval thereof is not
consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section
2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION'
Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
Proposed Ordinance
3
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