82-88 ORDINANCE NO. 82m88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING CODE", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING "PCC PLANNED COMMERCE CENTER
DISTRICT" (SECTION 173.655 THROUGH SECTION 173.668,
INCLUSIVE) IN ITS ENTIRETY,. AND ENACTING A NEW "PCC
PLANNED COMMERCE CENTER DISTRICT", PROVIDING FOR SECTION
173.655 "PURPOSE"; SECTION 173.656 "PREREQUISITES";
SECTION 173.657 "MASTER DEVELOPMENT PLAN"; SECTION
173.658 "ALLOWED USES; AND SECTION 173.659 "DEVELOPMENT
STANDARDS"; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 173, "Zoning Code", of the Code
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by repealing "PCC Planned Commerce Center District"
(Section 173.655 through Section 173.668, inclusive) in its entirety,
and enacting a new "PCC Planned Commerce Center District" to read as
follows:
PCC PLANNED COMMERCE CENTER DISTRICT
Section 173.655 PURPOSE.
The PCC District regulations provide for a mix of light
industrial, service industrial, research and development,
office, and limited commercial use in an Industrial Park
setting which is planned and then controlled through a Master
Development Plan.
It is desired that the existence of the PCC Zoning District
will encourage the planning and development of such commerce
centers which will provide employment opportunities for the
residents of the Greater Delray Beach community.
The PCC District shall be applied to property which is best
suited for light industrial land use, is shown as Industrial on
the City's Land Use Map, and is situated in proximity to the
arterial street system of the community.
Section 173.656 PREREQUISITES.
In order for land to be rezoned to and/or developed pursuant to
the PCC designation, the following criteria must be met:
(1) The property within the proposed PCC designation shall be
under unified control (an individual, partnership, joint
venture or corporation; or group of individuals,
partnerships, or corporations). Any rezoning, master
development plan, or site plan request shall include legal
documents, acceptable to the City Attorney, which
constitute evidence of unified control of the entire area
within a proposed PCC.
(2) The applicant must be able to bind the entire area within
a proposed PCC to the terms, conditions, uses, and site
development plan as approved in the Master Development
Plan.
(3) The area proposed for inclusion within a PCC must be a
minimum size of ten (10) acres.
Section 173.657 MASTER DEVELOPMENT PLAN.
(1) General: The development of a PCC shall be governed by a
Master Development Plan (MDP). The MDP shall consist of a
narrative; a land use map; conceptual site, landscaping,
and utility plans; and conceptual elevations and
architectural information.
(2) Process: A MDP shall be processed pursuant to 173.866
PROCEDURES FOR SITE AND DEVELOPMENT PLAN REVIEW. A MDP
shall be subject to the terms and conditions of 173.868
SITE AND DEVELOPMENT PLANS - TIME LIMITATIONS. A MDP may
be modified pursuant to 173.869 MODIFICATIONS OF APPROVED
SITE AND DEVELOPMENT PLANS.
A MDP shall be the guide for any subsequent site plan or
subdivision action. A site plan shall be required for any
phase or the entire area encompassed by a MDP. The site
plan shall be processed as a MODIFICATION OF AN APPROVED
SITE AND DEVELOPMENT PLAN (173.869). A subdivision plat
shall be processed pursuant to the Subdivision Regulations
of the City (Chapter 172 of the City Code).
The conceptual landscaping plans, final landscaping plans,
conceptual elevations, signing, and architectural aspects
of a MDP must be approved by the Community Appearance
Board.
Variances and waivers to the requirements of the Section
and supplemental district regulations, referred to herein,
may be granted by the City Commission concurrent with
approval of the Master Development Plan (MDP) without the
requirement of a public hearing.
(3) Submission Requirements: The following items constitute
the submission requirements for a Master Development Plan
(~DP).
(a) General:
- general application form
- processing fee as set by the City Commission
- last recorded Warranty Deed
- certification of fee ownership
- designation of agent
- documentation as to unified control
- documentation as to ability and intent to bind
successors
- legal survey, prepared by a surveyor registered
in the State of Florida, showing the following:
- accurate legal description
- acreage computed to nearest one-tenth of an
acre
- all existing improvements on the site
- location of the centerline of adjacent
rights-of-way
- location of easement both of record and
apparent rights-of-way
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- area survey, showing the following:
- a tree survey
- on-site and adjacent topography
- points of ingress/egress on adjacent
property and property across adjacent
streets
- location of structures on adjacent parcels
- existing water mains, sewer mains, and
drainage devices
- adjacent streets including both rights of
way and pavement locations
- traffic impact analysis
- location of wellfield impact zones
(b) Land Use Map:
- A graphic representation of the entire site
which shows or provides: ~.
- a location map
- internal street system
- adjacent street system and parcels and the
uses thereon
- project name
- development areas identified by land use
categories as defined in 173.658
- the general location of major water, sewer,
and drainage devices required for the
project
- legend and tabular data regarding land
areas devoted to uses (streets, open space,
type of use, etc.), square footage of
building use per land use category, and
phasing schedule.
(c) Conceptual Plan(s):
A graphic representation of the entire site, phases
thereof, or development areas which shows:
- the relationship between the entire site and
adjacent parcels
- the relationship between development phases
and/or internal development areas
- traffic circulation, parking areas, building
locations, landscape areas, and utility
facilities
- Elevations depicting architectural styles for the
proposed development and information regarding
architectural details e.g. building materials,
pavement textures, signing materials, lighting
fixtures, street furniture, etc.
- The conceptual plans shall provide sufficient detail
to assess the items listed in Section 173.851
- More specific conceptual plans for site development,
landscaping, or utilities may be.required by the
Planning Director as they are warranted
- Completely detailed site plans, landscaping plans,
utility plans, and elevations may be provided, at the
discretion of the applicant, in lieu of conceptual
plans; thus, accelerating the review process.
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(d) Narrative:
The narrative shall set forth the following:
- General information about the project
- Statement of character of the project and its speci-
fic objectives regarding impact upon the community
- Statement as to uses
- Phasing sequence, if any, including phasing of the
-~nstallation of public improvements
- Variance, waivers, special exceptions or other
concessions requested for the project
- Statements pertaining to payment of processing, in
lieu, impact, and special fees
- Statements pertaining to anticipated processing and
review sequences
- Statements pertaining to initial contact with service
" providers and/or agencies involved with storm
drainage, water management, solid waste disposal and.:_
related items-as is appropriate
- Statements pertaining to compliance with County and
City Wellfield Protection requirements, and Hazardous
Waste Disposal requirements
(4) Master Development Plan of Record: Upon approval of a
MDP~ the approved MDP shall be stamped and certified by an
official of the City as to its status. Subsequent to
approval of a MDP, all further submissions for review and
permits shall conform in every respect with the MDP except
as it may be officially modified pursuant to Section
173.657.
For areas which are zoned as PCC at the time of approval
of this section, a MDP is required to be prepared by the
property owner, or his agent, and submitted to the
Planning and Zoning Board for approval. The MDP may be
processed as either a minor or major site plan
modification, as is appropriate for the case at-hand. The
MDP shall be evaluated against the site plan for record
for the existing PCC. The MDP required under this
subsection must be made of record prior to September 1,
1989. Failure to obtain a MDP of record shall be cause
for the Building Department to not issue building permits
for further development or modification to existing
development within an existing PCC.
Section 173.658 ALLOWED USES.
Use areas as identified herein shall be depicted upon the land
use map component of the Master Development Plan (MDP).
Thereafter, uses identified as being allowed in a specific land
use area are allowed pursuant to provisions of the narrative
and this Section of the City Code.
The list of specific uses allowed within a specific PCC shall
be established in the narrative portion of the MDP.
Alterations to the list of specific uses may be made through
the site and development plan modification process.
(1) Office Center: The "Office Center"' aspects of a PCC may
comprise as much as fifty percent (50%) of the total land
area within an entire PCC District. uses identified in
this subsection can only be located in that area of the
Land Use Map which is depicted as "Office Center". Such
uses are exclusive of the storage of materials used
off-site or sold in the associated trade and/or the repair
of same. These uses are:
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- Business Offices e.g. travel agencies, bookkeeping
agencies, general office location for an individual,
partnership, or corporation
- Educational Facilities e.g. vocational schools,
commercial schools (sales, real estate, personal
development, etc.)
- Financial Institutions e.g. banks, savings and loan
establishments, brokerage firms
- Medical Offices e.g. physicians, dentists,
chiropractors, podiatrists, optometrists, etc.
- Professional Offices e.g. attorneys, engineering
firms, architectural firms, real estate agencies,
consultation services, accounting firms, etc.
- Licensed Child Care Centers
(2) Light Industrial Areas: Manufacturing, fabrication,
assembly, wholesale, and distribution uses are permitted
within a PCC. Such uses, as further identified in this
subsection are only permitted in those areas identified as
"Light Industrial" on the land use map component of the
MDP. Ail aspects of these uses must be carried out within
a structure. In keeping with the intent of the PCC to
involve a mix of uses, light industrial areas within a PCC
are limited to fifty percent (50%) of the total area of
that PCC.
Manufacturing -- The processing of raw materials to create
final products for distribution and which either involve
or result in the following:
Materials
- ceramics and plaster
- fiberglass
- glass
- leather
- tobacco
- wood
Processes
- millwork (woodwork)
- welding
Products
- appliances
- bakery products
- beverages, alcoholic and nonalcoholic
- cabinets
- clothes
- computer chips and computer components
- cosmetics
- dairy products
- dry ice
- electronic components
- furniture
- ice
- optical
- pharmaceuticals
- signs of all/any materials
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- sporting goods
- textiles
- toys
Fabrication and/or Assembly -- The working or combining of
processed or manufactured materials or parts which are
then prepared for distribution for sale. All processes
and products identified under "manufacturing" are
permitted as are the following:
Processes:
- assembly of mechanical and/or component parts
- bottling
- engraving
- machine shops
- printing
- repair of damaged goods and products which may have
been manufactured on the premises '--
Products:
- communication devices (radio, television, cameras)
- confectionaries
- metal goods
- precision instruments
- newspapers, books, periodicals
Wholesaling, Storage, and Distribution -- The wholesaling,
storage, and distribution of any products which may be
manufactured, assembled, or fabricated on the premises.
In addition, the following items may be wholesaled,
stored, or distributed from or within the Light Industrial
areas of a PCC:
- cold storage
- frozen food lockers, including personal lockers
- household furnishings and goods
Other Processes -- The following processes may also be
conducted within the Light Industrial areas of a PCC:
- dry cleaning
- laundries
- tailoring
(3) Research and Development: Research and Development uses
involve either some degree of product creation, testing,
evaluation, and development or the provision of testing
and evaluation services for use by others. The term
"research and development use" does not include the actual
manufacture, assembly, fabrication, or other processing
techniques which result in either the direct wholesale or
retail distribution of products from the premises;
examples of such uses or resulting products include:
Product creation, testing, evaluation, and development...
- computer hardware
- computer software
- pharmaceuticals
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Research and development services...
- calibration laboratories or services
- chemical laboratories
- co~u~ercial testing laboratories
- soil laboratories
- scientific research laboratories
The following uses are also considered as Research and
Development uses for the purposes of being permitted
within a PCC=
- broadcast studios and facilities
- communications facilities and equipment
- motion picture and theater production facilities
including the creation of props, scenery, costUmes~
filming and rehearsals~ attendant storage~ and
screening and editing.
(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. Repair of
equipment and materials associated with the service is
also permitted at this 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. Ail aspects of these uses must be
accommodated within a structure. Uses which are allowed
within the "Service Industry" classification include=
- Assembly, fabrication, wholesale, and storage per
Section 173.658(2) above 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}.
- 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).
- Business Services (e.g. photocopying/printing,
photofinishing, provision of office equipment and
furnishings, delivery services, computer and data
processing services).
- Limited Retail ~ade only as a secondary use within
any one building, but only to the extent that the
floor area for all 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 the following
products=
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-apparel and accessories
- appliances
- baked goods
- building materials and garden supplies
- camera and photographic equipment and supplies
- furniture and home furnishings
- hobbies, games, toys
- jewelry, gifts, novelties
- luggage and leather goods
- radio, television, and communication products
- sporting goods
(5) Retail Center= A "Retail Center" may be a part of a PCC.
It must be designed in such a manner that all access to it
is from streets which are internal to the PCC. A "Retail
Center" may not occupy more than ten percent (10%) of the
total 'land area within a PCC; however, in no event, shall
a "Retail Center" exceed 30,000 sq. ft. in floor area% The
character of a "Retail Center" in a PCC should be such-
that it accommodates the other uses within the PCC. As
such a "Retail Center" is restricted to the following
uses:
- Personal health services e.g. barbershop, beauty
shop, salon, pharmacy, physical fitness centers
- Personal services e.g. dry cleaning pick-up,
laundromat, tailoring
- Licensed Child Care Facilities
- Financial Institutions e.g. banks, S & L, brokerage
firms
- personal Convenience Services e.g. florists, gift
shops, hobby shops, newsstands, photo services and
supplies, tobacconist
- Restaurants
- Specialty food shops
- Liquor stores
(6)' Supplemental Uses= The following uses are allowed within
any of the above use areas provided .that they are of such
a scale, design, and location to cater to the needs of
employees of the' industrial park or to otherwise meet the
rational stated herein. Space allocations for these uses
shall be identified during site plan approvals. These
uses may not be established in areas other than as shown
on approved site plans.
- Lunch counters, snack bars, and vending machine areas
- Classroom and training facilities
- Licensed Child Care facilities
- Sundry shops
- Retail outlets for the sale of items manufactured,
assembled, fabricated, or otherwise produced on-site;
provide that the floo~ area dedicated to such a
retail outlet shall not exceed ten percent (10%} of
the area used for the production of the product or
products of a business; and, in no event, shall such
uses exceed one thousand (1,000} square feet in area.
This restriction does not apply to the Service
Industry land use areas. See D. 4 regarding retail
use allowances in the Service Industry areas.
Section 173.659 DEVELOPMENT STANDARDS.
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The following standards shall be adhered to in the development
of a PCC. Waivers and variances to these standards may be
approved by the City Commission concurrent and as a part of the
approval of a Master Development Plan (MDP)~ however, such
waivers and variances are permitted only to the extent that
they would be allowed pursuant to the authority of the Board of
Adjustment.
it is the intent of this subsection to establish minimum
standards'Tot development within the PCC Zone District. When
considering a Master Development Plan (MDP) in any Planned
Commerce Center. (PCC) development proposal, the Planning and
Zoning Board may recommend and the City Co~ission may attach
suitable conditions, safeguards, and stipulations to address
the specific characteristics of the site and potential impacte
of the proposed development. Subsequent to approval of a MDP,
-. all subsequent submissions for reviews and permits shall
conform in every respect with the MDP except as it m&~ be
officially modified pursuant to Section 173.657.
(1) Standards Pertaining to Allocation of Uses:
(a) Office Center shall not encompass more than fifty
percent (50%) of the total land area within a PCC.
(b)" Light Industry shall not encompass more than fifty
percent (50%} of the total land area within a PCC.
(c} Service Industry shall not encompass more than
twenty-five percent (25%) of the total land area
within a PCC.
(d) Research and Development is not limited with respect
to- the amount of land area devoted to it. Further,
such use may be placed within any of the "land use
.~.~ . areas" depicted on the MDP.
(e) Retail Center shall not encompass more than ten
percent (10%) of the total la~d use area within a
PCC; and, in no event, shall such use exceed more
than 30,000 square feet in gross floor area.
(2} Standards Unique to the PCC District: Where standards
unique to the PCC District conflict with standards
contained elsewhere in the zoning, subdivision, and
landscape codes, the standards of this Section 173.659
shall apply.
(a) Minimum Parcel/Lot Size:
- a PCC, in total, must be comprised of at least
ten acres of land prior to computation of area
required for public dedication purposes.
- any use area within a PCC must have a minimum
lot area of one acre exclusive of land dedicated
for public purposes.
(b) Minin~ Floor Area:
- tenant space for uses in the light industrial
designation must have a minimum of 3,000 square
feet. Research and development, and service
industry use areas must have a minimum of 1,000
square feet per tenant.
- there are no minimum requirements for office and
commercial uses.
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(c) Lot Coverage=
- _By structures...a maximum of 50% of the area of
any individual lot.
- For open space...a minimum of 25% of the area
included within the final perimeter boundary of
a MDP. Landscape areas required to meet parking
lot design requirements, and paved areas shall
not be included in the calculation of this 25%
open space requirements.
(d} Perimeter Development: A landscape boundary shall be
provided around each PCC. Parking, structures,
perimeter roadways, and other paving is not permitte~
within this peripheral greenbelt except for bicycle
paths, sidewalks, jogging trails,' and driveways or
access streets which provide ingress and egress~for
traffic and which are generally perpendicular to the
greenbelt. The width of the greenbelt shall be as
follows:
- Absolute minimum 25 feet
- When adjacent to ~'~ii&~&~ ........
or arterial street ................. 30 feet
- When abutting residentially
zoned property ........ 40 feet
- When adjacent
from residentially zoned property
by a street, waterway, alley,
railway or park .................... 25 feet
(e) Setback Requirements: Building setback requirements
shall be established asa part of the MDP. Minimal
setback requirements shall be the rule provided that
a) landscaping standards between buildings and
perimeter boundaries are maintainS; and, b) sight
distance with respect to vehicular movements is
adequate.
(f) Truck and E ui ent Stora e:' Trucks in excess of one
(1) ton carrying capacity shall be parking in rear or
interior side yards. They shall be screened from the
view of adjacent properties or any (adjacent) public
right-of-way pursuant to Code Sections 173.810
through 173.813.
Industrial equipment (including bulldozers, cranes,
drag lines, derricks, tractors, and other implements
for moving equipment or construction) must be stored
within fully enclosed buildings overnight or when
otherwise not in use, or they shall be screened from
the view of adjacent properties or any (adjacent)
public right-of-way pursuant to requirements which
may be specified within the Master Development Plan,
as approved.
(g) Overhead Doors: Overhead doors are prohibited from
facing a public right-of-way with the exception of
the right-of-way of 1-95.
(h) Underprounding of Utilities: Within the boundary of
a PCC all utilities, including telephone, television
cable, and electrical systems shall be installed
underground.
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Primary facilities providing service to the site may
be exempted from an undergrounding requirement.
Appurtenances to utility systems which are normally
located above may be exempted from an undergrounding
requirement; however, when located above ground they
shall be screened in a manner approved by the
Community Appearance Board.
(i) Maintenance of Common Areas: Ail common open space
shall conform to its intended use, per the MDP,
through deeds, covenants, or other arrangements, as
approved by the City Attorney, and which run with the
land.
(3) Supplemental District Regulations: The following
supplemental district regulations, as found elsewhere in
City Codes shall apply within the PCC Zone District.
(a) Building Height: Ail structures shall be limited to
a maximum height of 48 feet, except as provided in
Section 173.032(A) and (B).
(b} Parking R~mts: See Code Section 173.770 through
173.775, Inclusive.
(c) Loading Rqmts: See Code SectiOn 173.790 through
173.797, inclusive, except that all loading and
unloading operations shall be accommodated in the
interior side yard or rear yard areas. These areas
shall be located and screened so as to minimize
visibility from adjacent property and public rights-
of-way.
(d) District Boundary Lines: See Code Section 173.036
except that the provisions of 173.659(2) (d) shall
take precedence if conflicts occur.
(e) Landscaping:- See Section 152.24 and 159.26 through
159.32, inclusive, of the City Code.
(f) Signing: See Section 162 of the City Code.
(g) Minimum Distance Between Buildings: A minimum
distance of twenty-five feet (25") mustbe maintained
between all buildings within a PCC.
(h) Walls, Fences and Hedges: See Section 173.039(C).
Section 2. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 3. 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 4. That this crdinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 9th day of Auau,t , 1988.
ATTEST:
First Reading July 26~ 1988
Second Reading August 9. lqRR