HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_11/4/2019 Agenda Item #1.
Regular Council fit
STAFF MEMOrAikitci Ail!"
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Meeting: Special Council Meeting - Nov 04 2019
Staff Contact: Nilsa Zacarias, Director of Department: Community Development
Community Development
TITLE
ORDINANCE 27-19 - SECOND READING: 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.
SUMMARY:
ORDINANCE 27-19 - SECOND READING: 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.
ATTACHMENTS:
Ord 27-19 Reduction of Minimum Parking Space Requirements KWD Ordinance
Page 3 of 200
Agenda Item #1.
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
Page 4 of 200
Agenda Item #1.
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 regulat-d 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.
fa] 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.
1� T A.-sof available altem,fives for meetin -.uired number of..rkin: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
r n it-m-n_ 'r I d- th- fa.;1! o.ti.n . Th- . '.n li t-d b-l.w .r- n. u_ -Ily
exclusive, and any one.or any combination of any or all options may be available •iven the
specific proposed development:
1. Off-site.arking.
2. Shared parking.
3. On-street parking.
4. Reduction of required on-site off-street.arking spaces.
is Off-site parkin&
Parking located off of the same lot or pares _as the use for which the required off-street parking
s es 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
U.F,S. All handica.•-d .arkin• shall be n it.ined on the site of t.- .- elo.ment.
See also,Village Code Sec.78-694.
2. Off-site parkin shall be approved by th- Village Council as part of the site plan
approya process or as a mo ''cation to an existing site plan approval.
3. The location for alloff-site parking must be within a radius of 500 feet of he parcel-- Commented[KM]: Suggestion only. Need further input
or lot containing the use that proposes to utilize off-site parking. The maximum and direction.
number of off-site parking spaces for any particular use shall not exceed 25%of the ---'commented(KD2]: Suggestion only. Need further input
total number of off-street parking spaces required by Village code for said useish and direction.
See Village Code,_Sec.78-705 for the r-.uired number of parking spaces from which
the reduction is to be made.
4. A paved,concrete. paver,etc. pedestrian walkway shal_be provided between t
off-site parking area and the site containing the use that proposes to utilize off-site
parking.
Page 5 of 200
Agenda Item #1.
3 Signage that complies with the Village's sign regulations shall be provided to
indicate the location of the off-site parkin area. See Village Code Chapter 78,
Article Xl.
6. A written agreement shall memorialize the off-site parking arrangemen . 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 neededad shall
speci tf ti erms and conditions agreed u between the owner of the site
containing the use that •roposes to utilize off-site parking and the off-site parking
ite owner. Ata '1•u.0 thea:reementshall:
a. List the names and ownership interest of all parties o the to the off-site
parking arrangement and contain the signatures of those parties.
b. Prov survey and legal description of Ike off-site parking area propertv.
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. Exoressly 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.
g. Describe the obli•.tions of each party.
h. Be made.art of the site plan approval for the re-development site.
i. Describe the manner in which the agreement may be revised.
j. Provide that the agnftent_may_n.oLbe released except by the Village.
7. The agreement hall be in the form of a legally bindin• mechanism acceptable to the
Village Attorney.and shall be recorded in the public records of Palm Beach County
by the owner of the site containin• the use that proposes to utilize off-site parking.
Th- ••r--u- h-Ilr-m•inI .1- - -n. - • ntilr-I-. -. . h- ill-:-
WI Shared Parking.
Shared parking among multiple uses at the same site may be permissible sub'ect to compliance
ith the following conditions:
1. Two or more uses located in he same structure, or on the same site with
complementary peak hours of parking usagejnay share.arking 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 oarkine spaces
individually.See also.Village Code Sec.78-694.
3. Shared .arking shall be approved by the Vill-ge Council as part of the site plan
approval process or as a modification to an existing site plan approval.
Page 6 of 200
Agenda Item #1.
4. The parking area proposed for shared parking must be accessible to all participating
uses and shared parking spaces may not be reserved for a particular use or
otherwise restricted except as provided by Villa•e Code Sec.78-697.
5. The number of off-street parking spaces that can be utilized as shared parking
among�tl a participating uses shall be based upon by a she—red parking study
following methodology, or other professionally
accepted methodology as .pproved in advanc y 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 a:reement shall specify the terms and conditions
agreed upon between the site owner and the Village. At a minimum,the agreement
shall:
List the names and ownershi. interest of all •arties to the a:reement 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 a•r-emen . . •v-n.n h. r n wi h
the land and that binds all successors in interest thereto.
f. Ensure the continued availabili 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 thea•reement may be revised.
Provi.- h.tth-a:reement ma no be released exce. . h-Villa:-.
7. The sharedparking agreement may limit the hours of operation of any existing or
fu ure - •r u - .nth- s't- utiizin: h.r-. ..rkin• oth. th- int-ntofli itin•
any potential overlap in peak parking demand is achieved.
8. The shared parking agreement shall be in the form of a legally binding mechanism
a -. -_. - . a- -:- • . - -... .l_I .- -__• .-. 'I I- •_•' • •
P-IL I • _t% . t1- •.0- • I- _._ _ .1• 1. - '1• I I
.arkin:a:r-,m-n h-Ilr-m•inin .I. - .n. r- •rd-d unitr-l-- -.b h-Villa:-.
9. Changes in uses or other conditions.
In order to maintain compliance with a shared parking agreement,the owner of the
- tilizin: shared .arkin: shall take the actio s indicated below to address an
change in the uses identified in the a•reement which would cause an increase in
peak parkin: demand or to address a findin: of any other related change in
onditions:
Page 7 of 200
Agenda Item #1.
a. Submit new shared parking calculations following the Urban Land Institute's
IULI methodology,or other professionally accepted methodology as approved
in advance b the Village's Comm..', D- - ..u-r Director .'t an
a••lication to officiall am-nd th- h.r-d ..rkin: •Ian a••royal for the
property,as appropriate:or
b. Provide the required number of .arking spaces separately for each use to
negate the need for shared parking,submit an application to officially amend -
the site Ian approval for the property,and Revise or nullify the shared parking
agreement as appropriate.
ntil such action is taken, no development order shall be approved for any
•roposed modification to the site that is the subject of the previously approved
shared parking agreement.
10. In order to maximize the amount of parkin• ocate. ••
..rkin: a shared •arkin: a_reement I. .. - - r , e..a'•nof r- i .•e's
standard off-street parking space requirements for the uses on the site in excess of
25 W. See Village Code.Sec.78-705 for the required number of parkingspaces from j j Commented]KdtJD3]: 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-streetap rkine ma be permissible in accordance with the
requirements of Village Code Sec.78-698.
If)Reduction of required number of Parkin spaces Commented[KD4]: I think we need to add this provision
we we briefly discussed yesterday to allow some simple
1. The Village Council may reduce the number of off-street parking spaces for any reduction in spaces for re-development sites that eliminates
particular use required by Village Code Sec.78-705 when said use desires to undergo the variance requirement but that is also reasonable in
e-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,or on-
street parking. In such cases th- 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 tud ar-. • rin: - i • time. T . tu• shoul• addr- •• h -ak
a d off-beak parking times. The Village Council shall utilize the study in making a
decision to approve.approve with conditionsor din the request for reduction in of
required parkingspaces. In no case shall the number of parking spaces be reduced
more than the amount supported by_the stud Commented(CDS]:Alternatively,a maximum reduction
2. Changes in uses or other conditions, stated in terms of a percentage could be required(e.g."the
maximum reduction shall be 25%of the total required
I order to maintain co •I'.r - .' r tie ,•. • -d reduction based on the •arkjn: 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 jn required parking spaces which would cause an increase in
Page 8 of 200
1
Agenda Item #1.
.eak .arkin: demand or to address a findin: of an other related change in
conditions:
a. Submit a new parking accumulation study completed b a licensed professional
engineer with an application to officially amend the request for a reduction of
the re.uired number of parking spaces for the property,as appropriate;and
b. Obtai new Villa:e Council a..royal for the revised re.uest for a reduction in
required parking spaces.
U til such action is taken no develo.ment order shall be approved for any
.ro.osed 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 9 of 200