TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: Terrence R. Moore, ICMA-CM
DATE: December 10, 2024
Title
ORDINANCE NO. 14-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES BY AMENDING CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.4, “DEVELOPMENT APPLICATION REQUIREMENTS,” SECTION 2.4.11, “RELIEF,” TO ELIMINATE THE PUBLIC PARKING FEE PROVISIONS AND TO MODIFY THE REQUIRED FINDINGS AND PROCEDURES FOR APPROVING AN IN-LIEU OF PARKING FEE REQUEST; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT,” TO CORRECT CROSS-REFERENCES AND IMPROVE READABILITY; AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS,” TO ELIMINATE THE PUBLIC PARKING FEE PROVISIONS, MODIFY PROVISIONS ALLOWING FOR ALTERNATE METHODS OF PROVIDING OFF-STREET PARKING, AND ADOPTING STANDARDS FOR AN IN-LIEU OF PARKING FEE PROGRAM; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING)
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Recommended Action:
Recommendation
Consider Ordinance No. 14-24, a City-initiated amendment to Section 2.4.11, “Relief,” Section 4.4.13, “Central Business (CBD) District,” and Section 4.6.9, “Off-street parking regulations” of the Land Development Regulations (LDR) to modify the in-lieu of parking fee and to eliminate the public parking fee.
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Background:
The in-lieu parking fee has existed in various iterations since the 1970s, with availability limited to properties within the Central Business District (CBD) and Old School Square Historic Arts District (OSSHAD) zoning districts. The in-lieu of parking fee allows new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program (LDR Section 4.6.9(E)(3).
On May 2, 2023, a “zoning in progress” relative to the in-lieu parking program was adopted by the City Commission via Resolution No. 102-23, and extended to October 17, 2024 via Resolution 196-23 and Resolution No. 84-24. The Resolutions recognize “zoning in progress” with respect to the preparation and review of proposed amendments to the City’s Land Development Regulations (LDR) for in lieu of parking requests.
It is important to consider the purpose of using in-lieu of parking fees. The Downtown Development Authority (DDA) Executive Director, Ms. Laura Simon, shared historical documents about the origins of the "In-Lieu-Of Policy" saved by Mr. Roy Simon, AIA, from his time leading the DDA. In 1988, a DDA workshop agenda item notes that until the late 1960s, downtown did not have parking requirements. When parking requirements were added to the code, any efforts to expand or redevelop were "stifled and came to a standstill." At the time, businesses were following a national trend of abandoning downtown locations for new shopping centers in suburban locations. "To avoid panic, generate interest, and encourage development in the downtown," the Chamber of Commerce and the City coordinated with the DDA to establish a "nominal" payment to "induce and encourage revitalization." Creatively resolving the parking burden on individual parcels was an important measure in revitalizing the downtown area.
Today, the downtown is a desirable, vibrant area. The issues have shifted within some downtown areas from encouraging redevelopment to preservation of existing buildings and managing the success of the downtown activity, including crowds, traffic, and the scale of new development. The West Atlantic Neighborhood Sub-district has begun to see increased redevelopment interest, with new redevelopment projects moving through the approval process, but less construction activity at this time. To date, no in-lieu of parking fees have been requested in West Atlantic Neighborhood Sub-district, and the area remains in need of new investment and revitalization, which is consistent with the original purpose behind the program.
Historic preservation has also been heavily discussed recently. The attached ordinance eliminates the use of in-lieu fees to facilitate redevelopment that demolishes historic or potentially historic buildings. The ordinance also introduces limits to the use of in lieu of parking fees to buildings that are no more than two stories total in height, focusing on adaptive reuse and maintaining the moderate scale of the downtown area. Larger projects will have to provide all of the parking needed to support the proposed development.
The ordinance also provides for metrics for determining public parking "availability" and limits the location to no more than a five minute walk to the site.
The attached staff report provides a full analysis of the in-lieu of parking fee and the proposed changes. The required findings have been updated to provide more measurable criteria and to better reflect City goals.
The following boards reviewed the request and provided recommendation:
- Parking Management Advisory Board, May 28, 2024. Recommendation of approval.
- Downtown Development Authority, June 10, 2024. Recommendation of approval.
- Historic Preservation Board, July 3, 2024. Voted 6-0 to recommend approval; and recommended that the radius for available public parking options be increased from 750 feet to a quarter mile.
- Planning and Zoning Board, July 15, 2024. Voted 7-0 to recommend approval.
City Attorney Review:
Ordinance No. 14-24 is approved as to form and legal sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
Ordinance No. 14-24 will be effective immediately upon adoption; second reading is in advance of the expiration of the adopted Zoning in Progress. Resolution No. 80-24, adopting an updated fee schedule, will be heard concurrent with the Second Reading of Ordinance No. 14-24.