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HomeMy WebLinkAboutOrdinance_27-19_11/4/2019 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 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 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. Laj. 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. fJ 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. 1. Off-site parking. Parking located off of the same lot or parcel as the use for which the required off-street parking 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(s). 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 parking area and the site containing the use that proposes to utilize off-site parking. 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 Xl. 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. g. 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. j. 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 County 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. jdl Shared Parking. Shared •arkin_ amon! multi le uses at the same site ma be •ermissible sub'ect to com•liance 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. 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 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. j. 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: 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 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. vPG�of TfO4Ff` 9 ORDINANCE Date 27-19 Fq 11/04/2019 cy cooMt Upon Second Reading Motion Vice-Mayor Kristi Johnson Second Council Member Kyle Stone VOTE FOR ADOPTION AGAINST ADOPTION ABSENT Mayor Abigail Brennan Vice-Mayor Kristi Johnson ✓ Council Member Vince Arena ✓ Council Member Laurie Brandon Council Member Kyle Stone if The Mayor thereupon declared the Ordinance duly passed and adopted. O . PR'Q MAYOR OF TEQUESTA ATTEST.• VP ' - SEAL 71 `:INCORPORATED;: %cS jvC/ •...NE 4, d\ O\iL in &CO Ct-e-i-Ce",". Abigail :re n Lori McWilliams, MMC Village Clerk