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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_08/11/2016 � p CORBETT, WH(TE, �0 DAVIS �N� ASHTON, �A. KEITH W. DAVIS ATTORNEY AT LAW Board CerEified in City, Coi�nty and Local Governrrcerit Law MEMORANDUM TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and Paterno CC: Manager Couzzo, Clerk McWilliams FROM: Attorney Davis DATE: July 26, 2016 RE: Agenda Item — Second Reading of Reserved Parking Ordinance The following describes in detail the above referenced agenda item: Following discussion and direction given by the Council at First Reading, the attached is submitted for further action at Second Reading. Revised text since First Reading is highlighted for your convenience. 1. The term "reserved" is eliminated throughout the ordinance and the term "designated" is used in its place. 2. There is a mechanism for administrative approval through the end of the calendar year. 3. There is clarification on signage location. 4. Future action in terms of restricting or eliminating designated parking is delegated to the Village Manager. 5. There is clarifying language that explains that the Village will not enforce parking violations. 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 1: 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 Reserved parking spaces. Desi�nated narkin� and nertnanent si�ns that indicate that the parkin� is desi�nated for short term use and subiect to towin� is permitted aursuant to the followin� re�ulations: �a No more than five percent (5%) of the total number of reauired off-street parkin� spaces for an site mav be desi�nated for short term use. � Parkin spaces shall be so desi�nated on an auproved site alan for review and approval. The site plan shall clearlv depict the number and location of such desi�nated parkin� spaces. For apnroved site nlans on file with the Villaee as of the effective date of this ordinance (Au�ust 11. 20161. desi�nation of barkin� snaces for short term use and associated si�ns mav be apnroved administrativelv nrior to December 31, 2016. Thereafter, any site blan modification shall comnlv with the reauirements of Chapter 78. Article IX, Division 2(Site Plan Reviewl. � Si�n copv shall be denicted on the site plan for review and apuroval. Si�na�e for desi�nated �arkin� spaces shall not exceed 1.5 sauare feet of si�n cobv area. Copv mav be alaced on parkin� stons, or on senarate si�ns erected in front of the subiect parkin� space. Such si�na�e mav not include advertisin� content (e.�. si�i�s sl�all sav for examble� "15 minute aarkin�" or "take out nick-un onlv"; si�ns shall not sav, for examt�le, "reserved parkin� for Villa�e Drv Cleaner onlv"l. d� In the event that the site exhibits a continued lack of adeauate parkin�, the Villa�e Mana�er mav reduce or revoke the abbroval foi designated parkin� sbaces with notice to the proaertv owner, ut�on recommendation from the Villa�e Communitv Develobment Denartment. The Village mav enforce the nrovisions of this section (e.�. placement and number of desi�nated s aces, and si�na�el throu�h the code comnliance process; however, the Villa�e will not enforce actual narkin� violations that mav occur in anv �iven narkin� snace. Rather, narkin� enforcement will be the resnonsibilitv of the prot�ertv owner. � �� �, '� ���'�^r „ °,�*� �'�°" '�° r�'�;'�;+°�'. This section shall not apply to those V UJllllJ� parking spaces designated to meet the reqLiirements of state, county and municipal handicapped parking regulations. 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.