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14-020 1 ORDINANCE 14- Oa° 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA AMENDING PART III, LAND 5 DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE V, 6 "MINIMUM OFF - STREET PARKING REQUIREMENTS ", SECTION 3, 7 4 AND 5, INSERTING FLEXIBLE PARKING PROVISIONS 8 PROMOTING SMART GROWTH; PROVIDING FOR CONFLICT, 9 SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. 10 11 WHEREAS, the purpose of this amendment is to insert Flexible Parking Provisions 12 Promoting Smart Growth into the Land Development Regulations through the addition of 13 reduced parking ratios and eligibility criteria for projects justifying lower parking needs and 14 accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of 15 mass transit and ride sharing; and 16 WHEREAS, staff recommends the adoption of the amendments to the Land 17 Development Regulations Chapter 4, Article V, Sections 3, 4 and 5, inserting flexible parking 18 provisions promoting smart growth design and operation which furthers the City's Climate 19 Action Plan and other green initiatives. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA: 22 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 23 ratified and confirmed by the City Commission. 24 Section 2. That Part III, "Land Development Regulations ", of the City of Boynton 25 Beach Article II, Chapter 4, Article V, Minimum Off - Street Parking Requirements, Section 3, 26 4 and 5 are hereby amended as follows: 27 Chapter 4. Article V. Minimum Off - Street Parking Requirements 28 Section 3.Special Reductions in Required Off - Street Parking. \ \apps3. city. cbb \auto\Data\218\Items\209\3104\ 4013\ Ordinance_ -_LDR_ Amendment_ Chapter_4_(Flexible_parking).doc 1 1 The following provisions to reduce the number of required off- street parking spaces 2 shall be utilized individually and not in conjunction with each other or with any other 3 provision to reduce parking within this article. NOTE: Calculation of needed handicap 4 accessible off - street parking spaces shall be pursuant to the base parking 5 requirements and not based on the reduced parking requirements described by this 6 section for which a project may be eligible (also see below the section on Handicap 7 accessible Off - Street Parking). 8 B. Handicap Accessible Off - Street Parking.. 9 G. Parking reductions for sustainability. To promote or recognize sustainable 10 design or operation, including increased pervious area, reduced parking fields, 11 promotion of mass transit and uses of renewable energy sources, lower parking 12 requirements will be granted to eligible developments as follows: 13 Use Minimum Number of Required Parking Spaces Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)- bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping Center 1 per 250 Office — Retail Complex 1 per 250 Grocery Store 1 per 250 (Reserved) (Reserved) 14 1. Applicability. Eligible developments must be able to provide sustainable 15 design and operation, and, except where noted below, must be located within 16 one -half (1/2) mile from a regional transportation facility (e.g. Transit Area), or 17 within 500 feet of a bus stop with direct access to a regional transportation 18 facility, measured from property line to property line. 19 20 2. Application and Development Requirements. Requests for parking reduction 21 must occur at time of site plan review, and must include a parking demand 22 study prepared by a professional engineer and /or based on findings from an 23 existing development or other comparable projects experienced by the 24 applicant that include, in part, projects designed to meet lower parking 25 requirements as allowed by this section. The study must provide evidence that 26 the project would not be deficient of parking, that the reduced ratios would not 27 adversely affect the project in any way, or increase the demand for parking 28 spaces upon public streets in the immediate vicinity, or would not increase the 29 demand for parking spaces on private properties in the immediate vicinity 30 unless in conjunction with an approval for shared parking pursuant to City 31 regulations. 32 33 Eligible applicants must demonstrate that proposed parking design or 34 resources would be adequate, and shall satisfy the following requirements \ \apps3. city. cbb \auto \Data\218 \Items \209 \3104\ 4013 \Ordinance_- _LDR_Amendment_Chapter_4(F Iexib le_parki ng).doc 2 1 meeting sustainable design and operation (where basic mathematical 2 calculations are involved, rounding will be based on the traditional 3 mathematical rule): 4 a. Describe, in quantifiable terms, how the project provides an increase in 5 green space (pervious area) which otherwise would be paved for parking 6 spaces. 7 8 b. Accommodate fuel efficient vehicles through provision of covered and 9 well - illuminated locations with apparatus for parking and locking of bikes 10 and low- powered mopeds and scooters, and designated spaces for 11 motorcycles and compact vehicles. Covered storage facilities shall be 12 located on the project site in close proximity to the destination of the 13 residents, employees, or visitors. 14 15 c. No more than 3% of the required parking spaces are represented by 16 spaces dedicated to motorcycles, which should be covered as an incentive 17 for use. 18 19 d. No more than 10% of the required parking spaces are represented by 20 spaces dedicated to compact vehicles, and disbursed throughout the 21 project to maximize accessibility and convenience. 22 23 e. Provide efficiency in parking design including consideration for space - 24 conserving tandem spaces when functionally feasible. 25 26 f. Provide vehicle charging stations and dedicated spaces for at minimum 27 Level 2 charging power (1 per 50 dwelling units and 1 per every 50,000 28 square feet for non - residential developments in excess of 75,000 square 29 feet. 30 31 g. Design for maximized pedestrian interconnectivity for internal circulation 32 and efficient ingress and egress minimizing travel distance for pedestrians 33 and bike /moped /scooter riders. 34 35 h. Include a parking contingency plan to show areas on the proposed site 36 plan where parking spaces may be added in the event that a shortage is 37 subsequently realized for average daily parking demand. If such future 38 spaces do not equal or exceed the total deficiency determined by the 39 standard parking requirements for the use, provide operational rules, 40 procedures or strategies at time of site plan approval to off -set the realized 41 deficiency. 42 43 i. Facilitate a ride - sharing /car pool program by screening, recording and 44 maintaining participants' travel destination information, schedules and \ \apps3.city.cbb \auto \Data\218 \Items \209 \3104 \4013\ Ordinance_-_ LDR _AmendmentChapter_4(Flexible parking).doc 3 1 routes for controlled access by residents and employees. 2 3 j. Maintain bus and train schedules in the management office, accessible to 4 residents and employees. The management shall designate employees 5 who will maintain and distribute schedule and route information enabling 6 them to advise residents and employees as necessary. 7 8 k. Consider a shuttle service /program providing transportation to the nearest 9 transit facility, whether as an incentive or fee - based. Residents should be 10 polled for interest. 11 12 I. Include marketing goals and practices targeting residents who work 13 atypical shifts, including incentives for those in fields such as law 14 enforcement, medical, security, etc. 15 16 m. Provide the following information to residents at time of lease, and post it 17 on a permanent sign visible from a common location and at entry to the 18 management office: "This development offers sustainable living (or 19 working) environment that facilitates a reduction in required parking spaces 20 while accommodating bikes, low- powered mopeds and scooters, 21 motorcycles, compact vehicles and electric vehicles. Contact the 22 management for further information ". 23 24 n. Establish and implement operational rules that regulate the maximum 25 number of vehicles per unit, provide incentives for minimizing total vehicles 26 and maximizing compact and electric vehicles, and restrict where lesser 27 used vehicles such as recreational, work, or utility vehicles and equipment 28 can be parked or stored. Incentives shall be provided for single vehicle 29 households or to those regularly using or dependent on public 30 transportation. 31 32 o. Implement an operational rule prohibiting operators, residents, employees, 33 visitors, etc. from using any parking space, including interior garage 34 spaces, for any purpose other than for the temporary parking of vehicles as 35 intended and designed for the project. 36 37 p. Consent to providing a report containing evidence of continued compliance 38 with the requirements herein upon request by the City. 39 40 Chapter 4. Article V. Minimum Off- Street Parking Requirements 41 Section 4. Exceptions to Providing Required Off- Street Parking. \ \apps3.city.cbb \auto \Data\218 \Items\209\3104 \4013 \Ordinance_-_ LDR _Amendment_Chapter_4(Flexible parking).doc 4 1 . C. On- Street Parking. 2 2. Conditions. The provision for on- street parking space to be used to meet the 3 minimum number of required off - street parking spaces shall be subject to the 4 following conditions: 5 a. The on- street parking provision is applicable to all existing or proposed 6 development located within - • - • - - - • - _ - • - ! - ZS - -e -e.- - 7 - -- • - - -- - -. - - -- - - •- - 1211 , _ . • - - : -- - 8 _ _ -_ •.• •- - --- - e - , - e •• -•_ . - -- -. e:•• _ the 9 Community Redevelopment Area. 10 11 Chapter 4. Article V. Minimum Off - Street Parking Requirements 12 Section 5. Other Parking Regulations. 13 B. Handicap Accessible Off - Street Parking. 14 15 1. Applicability. All parking lots shall meet or exceed State Handicap Code 16 requirements, and comply with the Florida Building Code. 17 All residential district parking spaces (surface, covered, enclosed) required p g p � uired g 19 pursuant to the Florida /Federal Fair Housing Act shall comply with the mandatory 20 requirements of the Act. There shall be provided off - street handicapped parking 21 spaces available at the time of the erection of any structure of any structure or the 22 enlargement of any structure. 23 24 2. Table 4 -23. Handicap Accessible Parking Requirements. 25 Total Spaces* Min. Accessible Upto25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 \ \apps3. city. cbb \auto \Data\218 \Items\ 209 \3104\ 4013\ Ordinance_ -_LDR_ Amendment _Chapter_4(Flexible_parking). doc 5 1 501 to 1,000 2% Over 1,000 ** 1 2 Source: Florida Building Code (Florida Building Code should be reviewed for 3 current requirements) 4 5 *See Section 3. Special Reductions in Required Off - Street parking when 6 calculating required accessible parking spaces for a project designed according to 7 a reduction provision. 8 9 * *Twenty (20) spaces plus one (1) space for each one hundred (100) over one 10 thousand (1,000) 11 12 In addition to the above parking requirements, the Florida Building Code requires 13 additional accessible spaces for medical uses that provide out - patient treatments p 14 or services for persons with mobility impairment. 15 16 The design and maintenance of accessible parking spaces and signage shall be 17 in accordance with the Florida Building Code. All required handicap accessible 18 parking spaces shall be provided on -site. 19 20 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are 21 hereby repealed to the extent of such conflict. 22 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be 23 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 24 way affect the validity of the remaining portions of this Ordinance. 25 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 26 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton 27 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re- lettered 28 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or 29 phrase in order to accomplish such intentions. 30 Section 6. This Ordinance shall be effective immediately after adoption by the City 31 Commission. \ \apps3.city.cbb \auto\Data\218 \Items \209 \3104\ 4013\ Ordinance_-_ LDR _Amendment_Chapter_4_(Flexible parking).doc 6 1 FIRST READING this 19 day of August, 2014. 2 SECOND AND FINAL READING ADOPTED this 1 day of IQCr. , 2014. 3 V 0 T E CITY OF BOYNTON BEACH, FLORIDA 4 5 YES sr �, 6 Zyor —J:' I 7 8 1 1 9 NO _ As 10 vi.'- Mayor — Joe Casello 11 „---._.._ 12 ' 13 YES NiV. 1 4 Com — David T. Merker 15 16 H-- 1 7 YES 18 • ...- ssioner — M. ' ' may 19 AO 2 y� 21 - ,i YES 22 Commissioner — Michael M. Fi Patrick 23 ATTEST: 24 25 a . • 26 0.11 ,, , 4 • • , - • 27 C M. Prainito, MMC 28 Clerk 29 30 32 ( • at "I) = ' 2 : 1 \\ apps3 .city.cbb\auto\Data\218\Items\ 209 \3104\ 4013\ Ordinance_ -_LDR_ Amendment_ Chapter_4_(Flexibleparking).doc 7 Exhibit "A" Chapter 4. Article V. Minimum Off- Street Parking Requirements Section 3.Special Reductions in Required Off - Street Parking. The following provisions to reduce the number of required off - street parking spaces shall be utilized individually and not in conjunction with each other or with any other provision to reduce parking within this article. NOTE: Calculation of needed handicap accessible off- street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see below the section on Handicap accessible Off - Street Parking). B. Handicap Accessible Off - Street Parking., G. Parking reductions for sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use Minimum Number of Required Parking 0 _ Spaces Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)- bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping Center 1 per 25Q Office — Retail Complex _ 1 per 250 Grocery Store 1 per 250 _ (Reserved) (Reserved) 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one -half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within 500 feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and /or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to City regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in preen space (pervious area) which otherwise would be paved for parking spaces. b. Accommodate fuel efficient vehicles through provision of covered and well - illuminated locations with apparatus for parking and locking of bikes and low - powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in dose proximity to the destination of the residents, employees, or visitors. c. No more than 3% of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than 10% of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space - conserving tandem spaces when functionally feasible. f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (1 per 50 dwelling units and 1 per every 50,000 square feet for non - residential developments in excess of 75,000 square feet. g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike /moped /scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off -set the realized deficiency. i. Facilitate a ride - sharing /car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service /program providing transportation to the nearest transit facility, whether as an incentive or fee - based. Residents should be polled for interest. I. Include marketinq goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low- powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information ". n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the City. Chapter 4. Article V. Minimum Off - Street Parking Requirements Section 4. Exceptions to Providing Required Off - Street Parking. C. On Street Parking. 2. Conditions. The provision for on- street parking space to be used to meet the minimum number of required off- street parking spaces shall be subject to the following conditions: a. The on- street parking provision is applicable to all existing or proposed development located within - • - - - - _ _ • _ :. - - ! • _ : e - . _ _ . - - - - - - - - - -- -- - - - _. -- __e - • .. - - - -- -- - -- - • - - •- - - -- - :. -. .. • -- -- - cc---- - _ • the Community Redevelopment Area. 1 Chapter 4. Article V. Minimum Off - Street Parking Requirements Section 5. Other Parking Regulations. B. Handicap Accessible Off - Street Parking. 1. Applicability. All parking Tots shall meet or exceed State Handicap Code requirements, and comply with the Florida Building Code. All residential district parking spaces (surface, covered, enclosed) required pursuant to the Florida /Federal Fair Housing Act shall comply with the mandatory requirements of the Act. There shall be provided off - street handicapped parking spaces available at the time of the erection of any structure of any structure or the enlargement of any structure. 2. Table 4 -23. Handicap Accessible Parking Requirements. Total Spaces* Min. Accessible Up to 25 1 26 to 50 2 51to75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% Over 1,000 ** Source: Florida Building Code (Florida Building Code should be reviewed for current requirements) *See Section 3. Special Reductions in Required Off - Street parking when calculating required accessible parking spaces for a project designed according to a reduction provision. **Twenty (20) spaces plus one (1) space for each one hundred (100) over one thousand (1,000) In addition to the above parking requirements, the Florida Building Code requires additional accessible spaces for medical uses that provide out - patient treatments or services for persons with mobility impairment. The design and maintenance of accessible parking spaces and signage shall be in accordance with the Florida Building Code. All required handicap accessible parking spaces shall be provided on -site. 1