The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 18_10/10/2019 Agenda Item #18. 6�ofoG Regular Council STAFF MEMO ; Agenda Item #18. ORDINANCE NO.27-19 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE X. OFF-STREET AND ON-STREET PARKING AD LOADING REGULATIONS, TO CREATE AN ENTIRELY NEW SECTION 78-707.ALTERNATIVES FOR MEETING REQUIRED NUMBER OF PARKING SPACES.TO PROVIDE FOR OFF-SITE PARKING, SHARED PARKING AND REDUCTION OF REQUIRED PARKING SPACES, AND TO PROVIDE REGULATIONS AND REQUIREMENTS FOR SAME; ALSO CONFORMING EXISTING LANGUAGE IN THIS ARTICLE FOR INTERNAL CONSISTENCY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE,A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta zoning code provides off-street parking requirements and regulations but does not currently allow for shared parking or off-site parking, and generally does not contemplate the need for off-street parking regulation adjustments to accommodate redevelopment;and WHEREAS,the Village Council of the Village of Tequesta desires to amend its parking code regulations to generally provide for shared parking and off-site parking and, and to also provide other provisions relative to off-street parking that may assist redevelopment;and WHEREAS,the Village of Tequesta has held all required public hearings and provided proper notice of same in order to adopt these revisions to its zoning code;and WHEREAS, the Village Council believes these code revisions will be in the best interests of the Village of Tequesta,and will promote the public health,safety and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA,THAT: Section 1: Chapter 78. Zoning, Article X. Off-street and on-street parking and loading regulations.of the Code of Ordinances of the Village of Tequesta is hereby amended by creating an entirely new Section 78-707.-Alternatives for meeting required number of parking spaces.to provide for off-site parking,shared parking and reduction of required parking spaces, and to provide regulations and requirements for same; and by amending Section 78-695 to Page 353 of 414 Agenda Item #18. conform to such new regulations;providing that Sections 78-695 and 78-707 shall hereafter read as follows: 78-695.—Location of off-street parking facilities. Except for off-site parking regulated by Sec.78-707 below.all All-off-street parking facilities shall be located on the same site as or contiguous to the use for which the parking is provided. Any contiguous site must be maintained under unity of title to the site on which the primary use is located. 78-707.-Alternatives for meeting required number of parking spaces. f�a Intent. The intent of this section is to provide reasonable and meanin• ul alternatives for meeting the requirements of Sec.78-705.—Required number of parking spaces. fig T i• sof available alternatives for meetin: •uired number of•arkin_ s•-ces. Available alternatives for meeting the requirements of Sec. 78-705. — Required number of parking spaces. which cannot otherwise meet the Village's required off-street parking re.uirements include the following options. The options listed below a e not mutual) exclusive.and any one, or an combination of any or all options may be available_given the specific proposed develo.ment: 1. Off-site parking. 2. Shared parking, 3. On-street parking. 4. Reduction of required on-site off-street parking spaces, cls Off-site parking. Parking located off of the same lot or oar las the use for which the required off-street parking., spaces should be provided is permissible,subiect to the followingitments: 1. Off-site .arking is not availabl- for handicapped parking regulated by Ch.553,Part i.L_F.S. All handicapped parking shall be contained on the site of the development. See also.Village CodgSec.78-694. 2. Off-site parking shall be approved by the Villa•e Council as part of the site plan approval process or as a modification to an existing site plate approval. 3. Th- location for all off- i - .arkin: must be wi hin a.t•ius of 500 f-et of th- •arcel --' Commented[KD1]: Suggestion only. Need further Input or lot containin• the use that proposes to utilize off-site parkin•. The maximum and direction. number of off-site parking spaces for any particular use shalLnot exceed 2596 of the j Commented 110:021: Suggestion only. Need further input tort l number of off-street parking spaces required by Village code for said use(s). and direction. See Village Code Sec.78-705 for the required number of parking spares from which the reduction is to be made. 4. A paved.concrete. paver.etc. pedestrian walkway shall be provided between the off-site parking area and the site containing the use that proposes to utilize off-site parking, Page 354 of 414 Agenda Item #18. 5. Signe that complies with the Village's sign re•ulations shall be provided to indicate he location of the off-site parking area. See Village Code Chapter 78, Article Xl. 6. A written a:reement shall memorialize the off-site .arkin: arran:ement. The agreement sha uarantee continuation of the off-site parking via ownershi• lease, or other binding mechanism for as Ion• as the off-site parking is needed ad shall specify the terms and conditions agreed upon between the owner of the site containing the use that proposes to utilize off-site parkin• and the off-site arkin site owner. At a minimum the agreement shall: a. List the name and ownershi. intere t of all •arties to the to the off-site •arkin• arran•ement and contain the si•natures of those parties. b. Provide a surve and legal description of the off-siteap rking area •ro.erty, c. Include a site plan showin:the off-site parking area. d. Describe the off-site parking area reserve it for such use, and leave it u -ncumbered ban conditions which would interfere with that use. e. x.ressl declare the intent of the a•reem- t to be a covenant that ru with the land and that binds all successors in interest thereto. f. Ensure the continued availability of the parking spaces for off-site use. g. Describe the obli•ations of each party. h. Be made part of the site plan approval for the re-development site. i. Describe he manner in which th-a:reement ma be revis-d. j. Provide that the agreement ma not be released exceptb the Village. 7. The a•reement shall be in the form of a legal) bindin• mechanism acceptable to the Village Attorney and shall be recorded in the public records of Palm Beach County b the owner of the site containin• the use that proposes to utilize off-site parking. The agreement shall remain in place and recorded until released by the Village. 11 Shared Parking. Shared parking amon• multiple uses at the same site may be permissible sub'ect to compliance with the followi :conditions: 1. Two or more uses located in the same structure or on the same site with complementary peak hours of parking usage may share parking spaces. 2. Shared parkin• is not available for handicapped parking re•ulated by Ch.553.Part II, F. . All uses shall .r. i.e for th- re.uir-d nu .-r of handica..-d .arki : .aces individual) . See also,Village Code Sec.78-694. 3. Shared parkin: shall be approved by the Villa:e Council as part of the site plan ••royal .ro or as a modification to a.exi tin:site.Ian a..rov.l. Page 355 of 414 Agenda Item #18. 4. The parking area proposed for shared parking must be accessible to all participating uses and shared parking spaces ma not be reserved for a •art'c lar use or otherwise restricted except as provided b Village Code Sec.78-697. 5. The number of off-street parking spaces that can be utilized as sharedparking amon• the ' i.a ii• uses shall be based .on by a shared parkin: study followin: th- rban •nd I stitute's ULI) methodology, or other professionally acce.ted methodology as ap.roved in advance by the Village's Community Development Director. The shared parkin: study must be prepared, at the applicant's expense,in a professionally-accepted manner.b a licensed professional enp-ineer. 6. written shared .arkin: a:reement shall memorialize the shared •a ii: rran•ement. The shared parking agreement shall specify the terms and conditions agreed upon between the site owner and the Villa•e. At a minimum the a:reement sha I: List the names and ownershi• interest of all parties to the agreement and contain the si•nature of those parties. b. Provide a survey and legal description of the site utilizin•shared parking. c. Include a site plan showing the shared parkin:area(s), d. Describe the shared .arkin: area reserve it for such use and leave it unencumbered by an conditions which would interfere with that use. e. Ex.ressl declare the intent of the a:reement to be a covenant that runs with the land and that binds all successors in interest thereto. f. Ensure the continued availabili of the parking spaces for shared parking use. De cribe the obli•ations of each •a . I. Be made'art of the site •Ian a••royal for he site ut'i ' :s •red •.rkit•. i. Describe the manner in which the agreement may be revised. i. Provide that the agreement may not be released except by the Village. 7. The shared parkin: a:reement ma limit the hours of operation of any existing or u _re u e •r uses on the site utilizin shared .-r i • . t . t - 'nt- t • li itin• any potential overlap in peak parking demand is achieved. 8. The shared parkin• a•reement shall be in the form of a legall binding mechanism acceptable to the Village Attorney, and shall be recorded in the public records of Palm Beach County by the owner of the site utilizing shared parking. The shared parking agreement shall remain in place and recorded until released by the Village. 9. Chanes in uses or other conditions. In order to maintain compliance with a shared parking agreement,the owner of the site utilizing shared parking shall take the actions indicated below to address any change in the uses identified in the a•reement which would cause an increase in •eak •arkin: demand or to address a findin: of an other related chan:e in conditions: Page 356 of 414 Agenda Item #18. a. Submit new shared •arkin: calcula i•n followin: the Urban Land Institute's (ULI methodology or other professionally accepted methodology as approved in advance by the Village's Community Development Director with an application to officiall amend the shared parking plan approval for the property as appropriate;or b. Provide the required number of parking spaces separately for each use to negate the need for shared parking submit an application to officially amend the site plan approval for the property and Revise or nullifyt e h red .arking agreement,as appropriate. Until such action is taken, no development order shall be approved for any proposed modification to the site that is the subject of the previously approved shared parking agreement. 10. In order to maximize the amount of parking located on the site utilizingared parking a shared parking agreement may not result in a reduction of the Village's standard off-street parking space requirements for the uses on the site in excess of 11 25 k See Village Code.Sec.78-705 for the required number of parking spaces from Commented[K&JD3): Suggestion only. Need further which the reduction is to be made. input and direction. (e)On-street Parking On-street parking spaces that lie within the street frontage areas of the site containing the use which desires to utilize on-street •arkin: ma be •ermissible in accordance with the requirements of Villa•e Code Sec.78-698. if)Reduction of required number of parking spaces. Commented(KD4]: i think we need to add this provision we we briefly discussed yesterday to allow some simple 1. The Villa:e Council ma red ce h- ►_ r•- .f off-str-e •arkin:_s•aces for an reduction in spaces for re-development sites that eliminates particular use re•uired b Villa:- Code Sec.7:-705 when said use desires to undergo the variance requirement but that is also reasonable in re-development activities or expansion and cannot otherwise meet the off-street terms of the reduction not being too excessive;it certainly should be based on an applicant paid for study. parking requirements as required outright or with the use of off-site shared street parking. In such cases the owner of the site requesting a reduction shall •r• •. _ _ .'1• •_ u_ : stud completed by a licensed professional engineer whi h •rovid- d• . and establishes the actual number of vehicles•arked in thestudy area during specificperiods of tie. The mstudy should address both peak and off-peak parking times. The Village Council shall utilize the study in making a •ecision to a..rove a.•rove with conditions or den the re.u- for r-duction in of required parking spaces. In no case shall the number of parking spaces be reduced more than the amount supported by the study. _ Commented[KM]:Alternatively,a maximum reduction 2. Changes in uses or other conditions. stated in terms of a percentage could be required(e.g.'the g maximum reduction shall be 25%of the total required I order to maint•in compliance with the approved reduction based on the parking parking spaces as provided by Village Code Sec.78-705). •ccumulation study,the owner of the site shall take the actions indicated below to address any change in the uses as they existed at the time of the study and the grant of the reduction in required parking spaces which would c•use an i cre•se i Page 357 of 414 Agenda Item #18. peak .arkin• demand or to address a findin• of any other related change in conditions: a. Submit a new parking accumulation stud cv ompleted b a licensed professional engineer with an a.•lication to officiall amend t - re•uest for a reduction of the required number of parking spaces for the pro.erty,as appropriate;and b. Obtain new Village Council approval for the revised request for a reduction in required spaces. Until such actio is taken no develo.men order shall be a..roved for an proposed modification to the site that is the subiect of the previously approved reduction to the required number of parking spaces. Section 2: Each and every other Section and Subsection of Chapter 78.Zoning.shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: 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 of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. Page 358 of 414