Ord 50-04 ORDINANCE NO. 50-04
AN ORDINANCE'OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.18,
"PLANNED COMMERCE CENTER (PCC) DISTRICT",
SUBSECTION 4.4.18(13), "AIJI.OWED USES", SUB-
SUBSECTION 4.4.18(B) (4), "SERVICE INDUSTRY",
PROVIDING THAT FOOD CATERING
ESTABLISHMENTS, PREPARATION AND STORAGE
ONLY, ARE AN ~AI.IJOWED USE WITHIN THE "SERVICE
INDUSTRY'' CLASSIFICATION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the P.lgnning and Zoning Board reviewed the
proposed text amendment at a public hearing held on ~i~ ko\~3~ , and voted ~ to C)
to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.18, "Planned Commerce Center (PCC) District", Subsection
4.4.18(B), "Allowed Uses", Sub-subsection 4.4.1803)(4), "Service Industry", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended to read as follows:
(4) Service Industry: Service Industry uses are those which are primarily engaged in
providing an off-site service but which maintain inventory, storage of materials, and a business
office at a central location. The area which may be devoted to "Service Industry" uses within a PCC
is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and
materials associated with the service is also permitted at this central location, except as restricted
below. All aspects of these uses must be accommodated within a structure except for overnight
storage of vehicles used by the business. Uses which are allowed within the "Service Industry"
classification include:
· Assembly, fabrication, wholesale, and storage per Section 4.4.1803)(2) when such use is
limited to no more than 5,000 square feet per tenant.
· Land Development Services (e.g. surveying, soils testing, mapping, architectural,
engineering).
· Food catering establishments, preparation and storage only (no food served on premises).
· Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and
air-conditioning specialists, swimming pool maintenance, landscaping services,
exterminators, equipment and tool rental).
· Repair of office equipment (e.g. typewriters, computers, data processing equipment).
Limousine services with no vehicle repair or detailing on the premises.
· Business Services (e.g. photocopying/ printing, photofinishing, provision of office
equipment and furnishings, delivery services, computer and data processing services).
· Limited Retail Trade only as a secondary use within any one building, but only to the extent
that the floor area for ail retail use (either accessory to the service industry use or not) shall
not exceed twenty-five percent of the floor area of the total building. Although the intent of
the PCC does not encourage retailing of items other than at the designated "retail center",
additional retail uses may be allowed in the service Industry areas shown on the MDP. Such
retail use may involve the sale of products associated with an established service industry use
or may involve any of he following products:
·apparel and accessories
· appliances
· baked goods
· building materials and garden supplies
· camera and photographic equipment and supplies
· furniture and home furnishing
· hobbies, games, toys
· jewelry, gifts, novelties
· luggage and leather goods
· radio, television, and communication products sporting goods
Section 2. That 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 hereof as a whole or part thereof other than
2 ORDINANCE NO. 50-04
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~1~ PASSED~ AND A~)OPTED in reg?,r session on second and final reading on this the
dayof ~ ,200~i
ATI~EST
Acting City Clerk
3 ORDINANCE NO. 50-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~rfi/
SUBJECT: AGENDA ITEM # ~ =__-. - REGULAR MEETING OF SEPTEMBER 21. 2004
ORDINANCE NO. 50-04
DATE: SEPTEMBER 17, 2004
This is second reading and second public hearing for Ordinance No. 50-04 mending Land
Development Regulations (LDR) Section 4.4.18(B)(4), "Service Industry", of the Planned Commerce
Center Zoning District, Allowed Uses, to add "Food Catering Establishments, preparation, and
storage only (No Food Served on Premises)" as a permitted use.
At the first reading on September 7, 2004, the Commission passed Ordinance No. 50-04.
Recommend approval of Ordinance No. 50-04 on second and final reading.
S:\City Clerk\agenda memos. Oral 50-04.Food Catering.09.14.04
ii
TO: DAVID T. HARDEN, CITY MANAG R '
THRU: PAUL DORLING, DIRECTOR OF ;L~~NNINQ~G AN~ ZO~(~
FROM: SCOTT PAPE, SENIOR PLANNER~TZ~..j~.__
SUBJECT: MEETING OF SEPTEMBER 7, 2004
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.18(B)(4) SERVICE INDUSTRY
SECTION OF THE PLANNED COMMERCE CENTER ZONING DISTRICT, ALLOWED USES,
TO ADD "FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY
(NO FOOD SERVED ON PREMISES)" AS A PERMITTED USE.
II: :=~::== =:: = ::::: ACk, ROUND ~N~ SIS :
The City has received a privately initiated LDR text amendment from Crazy From The Heat Restaurant,
Incorporated. The applicant has submitted the text amendment in order to occupy a tenant space at the
Congress Commerce Center located at the southeast corner of Congress Avenue and Lake Ida Road. A
related master plan modification application has been processed to change the designation of an associated
bay from Light Industrial to Service Industry use.
Pursuant to LDR Section 4.4.18(B)(2), the allowed uses with the Light Industrial portion of the development are
manufacturing, fabrication, assembly, wholesale, and distribution. Conversely, the Service Industry category
allows uses that are primarily engaged in providing an off-site service but which maintains inventory, storage of
materials, and a business office at a central location. Examples of these Service Industry uses are plumbers,
general contractors, limousine services, computer and data processing services. This type of use will be
primarily engaged in providing an off-site service and will maintain inventory, storage of materials, and a
business office on-site. The related prohibition of on-site food service is appropriate since restaurants are not
consistent with the allowed uses within the Service Industry subsection.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan.
While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive
Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of August 16, 2004.
There was no public testimony regarding the proposed amendment. After discussing the amendment, the
Board unanimously voted 6-0 (Pike absent) to recommend to the City Commission approval of the proposed
amendment to Land Development Regulations Section 4.4.18(B)(4), based upon positive findings with respect
to LDR Section 2.4.5(M).
Move approval of the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments,
preparation and storage only (no food served on premises)" as a permitted use in the Service Industry
category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M)(5) and set a public hearing on September 21, 2004.
Attachment: Planning and Zoning Memorandum Staff Report of August 16, 2004 and Proposed Ordinance
ORDINANCE NO. 50-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.18,
"PLANNED COMMERCE CENTER (PCC) DISTRICT",
SUBSECTION 4.4.18(B), "_A I .I .OWED USES", SUB-
SUBSECTION 4.4.18(B) (4), "SERVICE INDUSTRY",
PROVIDING THAT FOOD CATERING
ESTABLISHMENTS, PREPARATION AND. STORAGE
ONLY, ARE AN AI.I.OWED USE WITHIN THE "SERVICE
INDUSTRY" CLASSIFICATION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pumuant to l.r)R Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public heamag held on , and voted to
to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF D~.I.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.18, "Planned Commerce Center (PCC) District", Subsection
4.4.18(B), "Allowed Uses", Sub-subsection 4.4.18(B)(4), "Service Industry", of the Land
Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and
the same is hereby amended to read as follows:
(4) Service Industry: Service Industry uses are those which are primarily, engaged in
providing an off-site setwice but which maintain inventory, storage of materials, and a business
office at a central location. The area which may be devoted to "Service Industry" uses within a PCC
is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and
materials associated with the service is also permitted at this central location, except as restricted
below. All aspects of these uses must be accommodated within a structure except for overnight
storage of vehicles used by the business. Uses which are allowed within the "Service Industry"
classification indude:
· Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is
limited to no more than 5,000 square feet per tenant.
· Land Development Services (e.g. surveying, soils testing, mapping, architectural,
engineering).
· Food catering establishments, preparation and storage only (no food served on premises).
· Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and
air-conditioning specialists, swimming pool maintenance, landscaping services,
exterminators, equipment and tool rental).
Repair of office equipment (e.g. typewriters, computers, data processing equipment).
Limousine services with no vehicle repair or deta~!Jng on the premises.
· Business Services (e.g. photocopying/ printing, photofinishing, provision of office
equipment and furnishings, delivery services, computer and data processing services).
· Limited Retail Trade only as a secondary use within any one building, but only to the extent
that the floor area for ail retail use (either accessory to the service industry use or not) shall
not exceed twenty-five percent of the floor area of the total building. Although the intent of
the PCC does not encourage retailing of items other than at the designated "retail center",
additional retail uses may be allowed in the service Industry areas shown on the MDP. Such
retail use may involve the sale of products associated with an established service industry use
or may involve any of he following products:
· apparel and accessories
· appliances
· baked goods
· building materials and garden supplies
· camera and photographic equipment and supplies
· furniture and home furnishing
· hobbies, games, toys
· jewelry, gifts, novelties
· luggage and leather goods
· radio, television, and communication products sporting goods
Section 2. That 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 hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regaflar session on second and final reading on this the
day of ,200
2 ORDINANCE NO. 50-04
MAYOR
ATYEST
Acting City Clerk
First Reading
Second Reading
3 ORDINANCE NO. 50-04
MEETING DATE: AUGUST 16, 2004
AGENDA ITEM: IV.F. - AMENDMENT TO LDR SECTION 4.4.18(B)(4) TO ADD
FOOD CATERING ESTABLISHMENTS, PREPARATION AND
STORAGE ONLY (NO FOOD SERVED ON PREMISES), AS A
PERMITTED USE IN THE SERVICE INDUSTRY SECTION OF THE
PCC (PLANNED COMMERCE CENTER) ZONING DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.18(B)(4) Service Industry section of the PCC
zoning district, Allowed Uses, to add "Food catering establishments, preparation and storage
only (no food served on premises)" as a permitted use, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
The City has received a privately initiated LDR text amendment from Crazy From The Heat
Restaurant, Incorporated. The applicant has submitted the text amendment in order to occupy a
tenant space at the Congress Commerce Center located at the southeast corner of Congress
Avenue and Lake Ida Road. A related master plan modification application has been submitted
to add the Service Industry designation to an associated bay which is currently designated Light
Industrial.
The request is to allow food catering establishments that prepare and store food only on-site for
delivery and consumption off site as a permitted use. A restriction that prohibits food being
served on-site is included in the proposal. The applicant has submitted the following narrative
that describes the basis for the requested Land Development Regulation text amendment:
"...The uses allowed in the PCC District are categorized into 4 groups that consist of: Office
Center; Light Industrial Area; Research and Development; and Service Industry. This last
category, Service Industry is defined as follows:
"Service Industry uses are those which are primarily engaged in providing an off-site
service but which maintain inventory, storage of materials, and a business office at a
central location .... "
This precisely describes the intentions of the applicant's catering establishment. "Crazy From
the Heat Restaurant, Inc." wishes to occupy Suite 310 of the Congress Commerce Center (in
the PCC District) to serve three functions:
Planning and Zoning Board Staff Report
LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on
Premises) as a Permitted Use in the PCC Zoning District
Page 2.
· To house their Corporate Office for all its businesses (which includes 3 Lucille's Bad to
the Bone BBQ Restaurants and the catering operation);
· To Provide warehouse space forstorage of equipment, supplies and fi/es; and
· To provide a commissary/commercial kitchen for the preparation of food to be taken off
premises. All catering will be done off-site in homes, developments, etc. No food will be
purchased or served at this facility.
The business office, warehouse, and off-site service nature of the applicant is specifically
addressed in the Zoning Code's definition of Service Industry noted above in bold. The
applicant's request to add the use of "catering" to the list of uses under Service Industry in the
PCC District is simply identifying a specific use heretofore not specifically spelled out in the
district.
Other Cities such as Boca Raton allow Catering in its I~qht industrial district. Boca Raton Zoning
Code Division 6. M-1 Light Industrial District states:
Sec. 28-1072(dd) "Food catering establishments, preparation and storage only."
Therefore, the applicant respectfully requests approval of the text amendment to add the
following language to the Service Industry category of Section 4.4.18 Planned Commercial
Center District:
· "Food Catering establishments, preparing and storage only (no food served on
premises)."
Pursuant to LDR Section 4.4.18(B)(2), the allowed uses with the Light Industrial Area
designation are manufacturing, fabrication, assembly, wholesale, and distribution. Conversely,
the Service Industry category allows uses that are primarily engaged in providing an off-site
service but which maintains inventory, storage of materials, and a business office at a central
location. Examples of these types of allowed uses are plumbers, general contractor, limousine
services, computer and data processing services. Based on a commonality with these uses
with respect to the off-site services, the proposed catering business is an appropriate use within
the Service Industry category. Furthermore, the prohibition of on-site food service is appropriate
since restaurants are not consistent with the allowed within the Service Industry subsection.
The purpose of providing categories under a master plan within the PCC district is to maintain a
proper balance of uses for the goods and services needed by residents and businesses with the
City. This balance will ensure that the City maintains a diverse economic base.
LDR Section 2.4.5(M)(5) (Findin_~s): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Planning and Zoning Board Staff Report
LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on
Premises) as a Permitted Use in the PCC Zoning District
Page 3
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
specific applicable goals, objectives or policies noted. While the amendment does not
specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not
inconsistent with them.
The proposal is not in a geographical area requiring review by the DDA (Downtown
Development Authority), CRA (Community Redevelopment Agency) or HPB (Historic
Preservation Board).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
c~ PROD
c~ President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
Il ;!'" :;:' ! : =: .
The proposed text amendment will enable catering companies without an on-site restaurant
component in the Service Industry category of the PCC zoning district as a permitted use.
Catering services are similar to the existing uses in the Service Industry category with respect to
providing an off-site service. Therefore, a positive finding can be made with respect to LDR
Section 2.4.5(M)(5).
I"! ..... ~ : :i~!~~' : ~;~¢~,~ ~ : : :ii ' : ' .... ~: : :: ;;~1
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the text amendment
to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and
storage only (no food served on premises)" as a permitted use in the Service Industry
category of the PCC zoning district by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
C. Move a recommendation of denial to the City Commission for the text amendment to
LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and
storage only (no food served on premises)" as a permitted use in the Service Industry
Planning and Zoning Board Staff Report
LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on
Premises) as a Permitted Use in the PCC Zoning District
Page 4
category of the PCC zoning district by adopting the findings of fact and law contained
in the staff report, and finding that the request is inconsistent with the Comprehensive
Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendment to LDR
Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no
food served on premises)" as a permitted use in the Service Industry category of the PCC
zoning district by adopting the findings of fact and law contained in the staff report, and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M)(5).
Attachment:
· Proposed Amendment
Report Prepared by: Scott Pape, Senior Planner
(4) Service Industry: Service Industry uses are those which are primarily engaged
in providing an off-site service but which maintain inventory, storage of materials, and a
business office at a central location. The area which may be devoted to "Service Industry" uses
within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of
equipment and materials associated with the service is also permitted at this central location,
except as restricted below. All aspects of these uses must be accommodated within a structure
except for overnight storage of vehicles used by the business. Uses which are allowed within
the "Service Industry" classification include:
· Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is
limited to no more than 5,000 square feet per tenant.
· Land Development Services (e.g. surveying, soils testing, mapping, architectural,
engineering).
· Food caterinq establishments, preparation and stora,qe only (no food served on
premises).
· Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating
and air-conditioning specialists, swimming pool maintenance, landscaping services,
exterminators, equipment and tool rental).
· Repair of office equipment (e.g. typewriters, computers, data processing equipment).
Limousine services with no vehicle repair or detailing on the premises.
· Business Services (e.g. photocopying/ printing, photofinishing, provision of office
equipment and furnishings, delivery services, computer and data processing services).
· Limited Retail Trade only as a secondary use within any one building, but only to the
extent that the floor area for ail retail use (either accessory to the service industry use or
not) shall not exceed twenty-five percent of the floor area of the total building. Although
the intent of the PCC does not encourage retailing of items other than at the designated
"retail center", additional retail uses may be allowed in the service Industry areas shown
on the MDP. Such retail use may involve the sale of products associated with an
established service industry use or may involve any of he following products:
·apparel and accessories
· appliances
· baked goods
· building materials and garden supplies
· camera and photographic equipment and supplies
· furniture and home furnishing
· hobbies, games, toys
· jewelry, gifts, novelties
· luggage and leather goods
· radio, television, and communication products sporting goods
'..AHI STORAGE,/d"LY , ARE?, AN,ALLOWED USE'
' WlTHIHTHE ,. SERVICE, INDUSTR
CLASSIF!CATiOH..'~
'~ :~-~mmissi~ oF'~eCi~ of ~lr~.~h; :FIo~da, P~s~ ~
::'. ~. ' ' ' oRDIHANCEHO. 50~: . : ':':
AN ORDiN~4cE 0F ~E C'~ cO~N OF mE C~ OF C ~1 ~
B~cH, FLOR~A; ~EN~tN~~m~'~g
T~ONs OF mE cOD~ OF ORgt~N~S, BY ~EN~IN~
4~4.18, ~P~NNED CO~ERCE ~ER-~C) DI~RI~'',
T~ON 4.~.'~ 8(B), 'A~OWm- usES, SUB:SUBSE~ON. 4.4;i
,SERV~CE ~NgUSTRY-, pROdDiNG ~T ~D ~TER~N~ :ESTAB'
usHME~S, PREPA~TiON AND STOOGE ONLY, ~E ~.
USE W~HIN THE:~SER~CE: INDUSTRY" C~SSiFI~TION;PROViDING'
A sAViNG c~UsE, A GENE~L REPaiR C~USE; AND AN EFFEC-
.:_'. .. : · . : .. :. "~:~ :.:. : ~:' . ' ..._ . :=:., :'
~e C.i~ Commissi~ :will c°ndud~ ~2) pbbljc H~rings ~r:~e'pu~
of ~c~fing public ~sti~ny. :r~ard~g.~e. Pm~ °rdinance' ~e
first ~bJic H~ring wiJj be held on :~ESDAY, SE~EMBER 7, 20~
~ in ~e Commission cham~rs"~ Ci~ Ha~l~ 100 N.W.. 1 st
' ~rst ~'dirig, a ~ond public H~ring ~ill ~held on ~
TE~BER 2~'," 20~;:AT 7~O0 P'~' (o~'Ot o~ :~°,t~a~°~ oF
m~n9 ~ich is ~t b~e commission).: ': ::: : : ":
All in~rest~':~itizensa~e invit~':~ °~"d~e Public h~ng~ and
· :~ me~t u~n .~e pr°ms~°rdinance or'~o~mlt ~eir c~m~ts i~
:Sn: or he,re' ~e d°~':~f~e~ h~ng~:~ ~e'Pjonningan ' '
. Depo~enL For ~e~jn~rmofi~n:~ob~ina cop~Of~e
. OrdinanCe, pj~se cOn~d ~e Planning and z~ing· De~f,' Ci~
Hall, 1~ N.W. 1st Avenue, De[r~ 'B~ch, Florido'33~ (email
~OilOmv~el~h'.COml or b~;c°lling 561/~43-7040],
'~e h~rs oF 8:00 a.m. and 5:00 p.m:, ~nd~ ~ugh Frid~, ~du~-
in0 h°li~: ..--: '
'P~S~ BE A~V~S~T,~F A ~R~N'D~a~S TO:AP~ ~:
. DECiSiON ~E BY ~E.~ ~1~I~.~ RE~E~.TO
NEE~ TO ~NsuRE ~T A vERBA~:'R~COR~'~NC~g~S T~
..~ON~ AN~ ~mCE: U~N:~C~ m~L ~S TO: B?~.
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SU~.TO.F.S: 286;0-10~; ' .. ~ . ~ · :. ' : ~: ,
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-CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS
AMENDING SECTION 4.4.18(B)(4) "SERVICE
INDUSTRY", PROVIDING THAT FOOD
CATERING ESTABLISHMENTS, PREPARATION
AND STORAGE ONLY, ARE AN ALLOWED USE
WITHIN THE "SERVICE INDUSTRY"
CLASSIFICATION
~.e City Commission of Ih, City of Delray Beach.-Florida, proposes to'
adopt the following ordinance:
ORDINANCE NO. 50-04
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA'
TION5 OF THE CODE OF ORDINANCES, BY AMENDING SECTION
4.4.18, 'PLANNED COMMERCE CENTER (PCCJ DISTRICT", SUBSEC:
TION 4.4.18(B), "ALLOWED USES", SUB-SUBSECTION 4.4.18(B)(4),
"SERVICE INDUSTRY", pROVIDING THAT FOOD CATERING ESTAB-
USHMENT$, PREPARATION AND STORAGE ONLY, ARE AN .A~OWED
USE WITHIN THE "SERVICE INDUSTRY" CLASSIFICATION; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
The City CommiSsion Will conduct iwo (2) Public Hearings for the purpose
of accepting public' testimony regarding the proposed Ordinance. The
first Public Hearing will be held on TUESDAY, SEPTEMBER 7, 2004,
Al' 7:00 P.M. in Ihe Commission Chambers at CitY Hall, 100 N.W. 1'st
Avenue, Delray Beach, Florida. If the proposed Ordinance is passed on
first reading, a second Public Hearing will be held on TUESDAY. SEP-'
TEMBER 21, 2004, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission).
All interested citizens am invited to affend.the public hearings and com-
ment upon the Proposed ordinanCe or submit their comments in writing
on or before the date of these hearings to' the Planning and Zoning
Department. For further information ar to obtain a copy of Ihe proposed
ordinance, please contact the Plaqning and Zoning Department,. Cily
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at
pzmail@m.vdelr .aybeach.coml or by c.'4ling 56 ~ /243-7040), between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclud-
ing holidays.
PLEASE BI: ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION .MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATI'ER CONSIDERED AT THESE HEARINGS, SUCH P~RSON MAY
NEED TO. ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PUR-
SUANT TO F.$. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin
Acting City Clerk
PUBUSH: Monday, August 30; 2004 '
Tuesday, September i4, 2004
Boca Raton/Delray Beach News
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