HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_10/10/2019Agenda Item #2.
Local Planning Agency
STAFF MEMO
Meeting:
Staff Contact:
Local Planning Agency - Oct 17 2019
Nilsa Zacarias, Director of
Community Development
Department: Community Development
ORDINANCE 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.
ORDINANCE 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 AND 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.
Reduction of Minimum Parking Space Requirements KWD Ordinance
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Agenda Item #2.
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 AND 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
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Agenda Item #2.
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 as regulated by Sec. 78-707 below. all doff -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.
La Intent.
The intent of this section is to provide reasonable and meaningful alternatives for meeting the
requirements of Sec. 78-705. — Required number of parking spaces.
Ub Types of available alternatives for meeting required number of parking spaces.
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
requirements include the following options. The options listed below are not mutually
exclusive, and any one, or any combination of any or all options may be available. given the
specific proposed development:
1. Off -site parking.
2. Shared parking.
3. On -street parking.
4. Reduction of required on -site, off-street parking spaces.
Uc Off -site parking.
Parking located off of the same lot or parcel as the use for which the reauired off-street parkin
spaces should be provided is permissible, subject to the following requirements:
1. Off -site parking is not available for handicapped parking regulated by Ch. 553, Part
II F.S. All handicapped parking shall be contained on the site of the development.
See also. Village Code Sec. 78-694.
2. Off -site parking shall be approved by the Village Council as part of the site plan
approval process or as a modification to an existing site plan approval.
3. The location for all off -site parking must be within a radius of 500 feet of the parcel
or lot containing the use that proposes to utilize off -site parking. The maximum
number of off -site parking spaces for any particular use shall not exceed 25% of the
total number of off-street parking spaces required by Village code for said use(sl.
See Village Code, Sec. 78-705 for the required number of parking spaces from which
the reduction is to be made.
4. A paved, concrete, paver, etc. pedestrian walkway shall be provided between the
off -site parkinR area and the site containing the use that proposes to utilize off -site
parking.
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Agenda Item #2.
5. Signage that complies with the Village's sign regulations shall be provided to
indicate the location of the off -site parking area. See Village Code Chapter 78.
Article XI.
6. A written agreement shall memorialize the off -site parking arrangement. The
agreement shall guarantee continuation of the off -site parking via ownership, lease,
or other binding mechanism for as long 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 parking and the off -site parking
site owner. At a minimum, the agreement shall:
a. List the names and ownership interest of all parties to the to the off -site
parking arrangement and contain the signatures of those parties.
b. Provide a survey and legal description of the off -site parking area property.
C. Include a site plan showing the off -site parking area.
d. Describe the off -site parking area, reserve it for such use, and leave it
unencumbered by any conditions which would interfere with that use.
e. Expressly declare the intent of the agreement to be a covenant that runs with
the land and that binds all successors in interest thereto.
f. Ensure the continued availability of the parking spaces for off -site use.
R. Describe the obligations of each party.
h. Be made part of the site plan approval for the re -development site.
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 agreement shall be in the form of a legally binding mechanism acceptable to the
Village Attorney, and shall be recorded in the public records of Palm Beach Countv
by the owner of the site containing the use that proposes to utilize off -site parking.
The agreement shall remain in place and recorded until released by the Village.
Id Shared Parking.
Shared parking among multiple uses at the same site may be permissible subject to compliance
with the following 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 parking is not available for handicapped parking regulated by Ch. 553, Part II.
F.S. All uses shall provide for the required number of handicapped parking spaces
individually. See also. Village Code Sec. 78-694.
3. Shared parking shall be approved by the Village Council as part of the site plan
approval process or as a modification to an existing site plan approval.
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Agenda Item #2.
4. The parking area proposed for shared parking must be accessible to all participating
uses and shared parking spaces may not be reserved fora particular use or
otherwise restricted, except as provided by Village Code Sec. 78-697.
5. The number of off-street parking spaces that can be utilized as shared parking
among the participating uses shall be based upon by a shared parking study
following the Urban Land Institute's (ULI) methodology, or other professionally
accepted methodology as approved in advance by the Village's Community
Development Director. The shared parking study must be prepared, at the
applicant's expense, in a professionally -accepted manner, by a licensed professional
engineer.
6. A written shared parking agreement shall memorialize the shared parking
arrangement. The shared parking agreement shall specify the terms and conditions
agreed upon between the site owner and the Village. At a minimum, the agreement
shall:
a. List the names and ownership interest of all parties to the agreement and
contain the signature of those parties.
b. Provide a survey and legal description of the site utilizing shared parking.
C. Include a site plan showing the shared parking area(s).
d. Describe the shared parking area, reserve it for such use, and leave it
unencumbered by any conditions which would interfere with that use.
e. Expressly declare the intent of the agreement to be a covenant that runs with
the land and that binds all successors in interest thereto.
f. Ensure the continued availability of the parking spaces for shared parking use.
g. Describe the obligations of each party.
h. Be made part of the site plan approval for the site utilizing shared parking.
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 parking agreement may limit the hours of operation of any existing or
future use or uses on the site utilizing shared parking so that the intent of limiting
any potential overlap in peak parking demand is achieved.
8. The shared parking agreement shall be in the form of a legally 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. Changes 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 agreement which would cause an increase in
peak parking demand or to address a finding of any other related change in
conditions:
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Agenda Item #2.
a. Submit new shared parking calculations following 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 officially 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 nullify the shared parking
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 utilizing shared
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
25 %. See Village Code, Sec. 78-705 for the required number of parking spaces from
which the reduction is to be made.
(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 parking may be permissible in accordance with the
requirements of Village Code Sec. 78-698.
f) Reduction of required number of parking spaces.
1. The Village Council may reduce the number of off-street parking spaces for any
particular use required by Village Code Sec. 78-705 when said use desires to undergo
re -development activities or expansion and cannot otherwise meet the off-street
parking requirements as required outright or with the use of off -site, shared, or on -
street parking. In such cases, the owner of the site requesting a reduction shall
provide a parking accumulation study completed by a licensed professional engineer
which provides data and establishes the actual number of vehicles parked in
the study area during specific periods of time. The study should address both peak
and off-peak parking times. The Village Council shall utilize the study in making a
decision to approve, approve with conditions, or deny the request for reduction in of
required parking spaces. In no case shall the number of parking spaces be reduced
more than the amount supported by the study.
2. Changes in uses or other conditions.
In order to maintain compliance with the approved reduction based on the parking
accumulation 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 cause an increase in
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Agenda Item #2.
peak parking demand or to address a finding of any other related change in
conditions:
a. Submit a new parking accumulation study completed by a licensed professional
engineer with an application to officially amend the request for a reduction of
the required number of parking spaces for the property, as appropriate: and
b. Obtain new Village Council approval for the revised request for a reduction in
required parking spaces.
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
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.
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