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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_07/14/2016 � p CORI3ETT, WHITE, �0 DAVIS nN�� ASHTON, r�n. KEITH W. DAVIS ATTORNEY AT LAW Board Certifre� in Cit�, Cnuirti� and Lqcal Gover��n�ext Lazn MEMORANDUM TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and Paterno CC: Manager Couzzo, Clerk McWilliams FROM: Attorney Davis DATE: July 8, 2016 RE: Agenda Item — First Reading of Reserved Parking Ordinance The following describes in detail the above referenced agenda item: After discussions on the above topic, and after hearing concerns raised from Village businesses, the Village Council directed that revisions to lift the prohibition on reserved parking be brought forward. Community Development has looked at "best practices" for handling this issue and based on that review, we have prepared the attached ordinance for Council's consideration and action. The ordinance as written would allow reserved parking under the following conditions: 1. Maximum of 5% of the required off-street parking could be designated as reserved parking. 2. Reserved spaces must be approved on a site plan that depicts the location and number of parking spaces. This will require site plan modifications from the sites that desire to take advantage of this new provision. 3. Signage for reserved parking spaces is limited in terms of size and commercial content. 4. The Village reserves the right to reduce or revoke the permitted reserved parking if the site continually exhibits a lack of available parking. Such action would require advance notice to the property owner, and would be based on a recommendation from the Community Development Department. ORDINANCE NO. 8-16 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING; AT ARTICLE X. OFF- STREET AND ON-STREET PARKING AND LOADING REGULATIONS, SECTION 78-697, TO REVISE OFF-STREET PARKING REGULATIONS FOR RESERVED PARKING SPACES AND PERMIT SAME UNDER CERTAIN CIRCUMSTANCES; 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 currently prohibits reserved parking spaces in its off-street parking code; and WHEREAS, the Village Council of the Village of Tequesta has been made aware of several instances of the need for such reserved parking spaces in order to provide for the continued viability of businesses located in the Village; and WHEREAS, the Village Council desires to address these issues by modifying the Village's code to allow reserved parking spaces under certain circumstances in a limited manner; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its code as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section l: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article X. Off-Street and On-Street Parking and Loading Regulations, at Section 78-697, to revise off-street parking regulations for reserved parking spaces; providing that Section 78-697 shall hereafter read as follows: Sec. 78-697. Reserved parking spaces. Reserved uarkin� and t�ermanent si�ns that indicate that the narkin� is reserved and subiect to towin� are permitted bursuant to the followin� re�ulations: �a No more than five bercent (5%1 of the total number of reauired off-street narkin� st�aces for anv site mav be desi�nated as reserved. b� Reserved narkin� saaces shall be desi�nated on an _annroved_ site plan for review and at�broval. The site blan shall clearlv denict the number and location of such reserved narkin� s�� �c A co v of the t�robosed si�na�e shall be denicted on the site plan far review and ant�roval. Si na e for reserved narkin� spaces shall not exceed 1.5 sauare feet of si�n conv area. Such si na�e mav not include advertisin� content (e.�. si�ns shall sav, for examble, "15 minute reserved arkin�" or "take out bick-ub onlv"; si�ns shall not sav, for examnle, "reserved barkin� for Villa�e Drv Cleaner onlv"l. d� In the event that the site exhibits a continued lack of adeauate barkin� the Village Council mav reduce or revoke the anbroval for reserved t�arkin� snaces with notice to the propertv owner ubon recommendation from the Villa�e Communitv Development Department. � ,� ,� � '"„'�„°°�°� �Na'^�' �^ „°�<� ^ ° �"�" '� '�''��+ a. This section shall not apply to those v u.�iiiv.s.n parking spaces designated to meet the requirements of state, county and municipal handicapped parking regulations. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in fu11 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.