Ord 28-05
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ORDINANCE NO. 28-05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.20, "INDUSTRIAL (I)
DISTRICT", SUBSECTION 4.4.20(B), "PRINCIPAL USES
AND STRUCTURES PERMITTED", PARAGRAPH (5),
"SERVICE INDUSTRY"; TO ADD FOOD
PREP ARA TION AND/OR PROCESSING AS A
PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
i proposed text amendment at a public hearing held on April 18, 2005 and voted 7 to 0 to
I
! 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; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal
Uses and Structures Permitted", Paragraph (5), "Service Industry", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
I hereby amended to read as follows:
(5) 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
!
I
II
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: office at a central location. Repair of equipment and materials associated with the service is also
permitted at this central location.
· Land Development Services (eg., 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. typewriters, computers, data processing equipment).
· Limousine Service.
· Gun Ranges (indoor).
· Food preparation and/or processing. including but not limited to bakeries and caterin,g
operations.
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 all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
i
2 DRD. NO. 28-05
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\\~PASSED~ADOPTED in regular session on second and final reading on this the
_ day of ,2002-..
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I ~!R~
ATTEST
~~.~~
City Clerk
I First Reading .:\3 \ as
Secood Reading 5\ \ì \0.5
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I
3 ORD. NO. 28-05
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ!ì
SUBJECT: AGENDA ITEM # \ f::) A - REGULAR MEETING OF MAY 17.2005
ORDINANCE NO. 28-05
DATE: MAY 13, 2005
This ordinance is before Commission for second reading and second public hearing for a privately
initiated amendment to Land Development Regulations (LDR) Section 4.4.20, "Industrial (I)
District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service
Industry", to add food preparation and/or processing as a principal use.
The applicant, Hua Restaurant Group, submitted the text amendment to allow food preparation
and/ or processing and catering operations as principal uses in the MIC (Mixed Industrial and
Commercial) and I (Industrial) zoning districts. The applicant submitted the text amendment in
order to occupy a tenant space at the Tenth Street Park of Commerce located on the south side of
S.W. 10th Street, approximately 480' west of S.W. 10th Avenue (1100 S.W. 10th Street, Unit #G).
The MIC zone district allows (by reference) the same industrial and service industry uses as those
that are allowed in Industrial zoning district and references the uses allowed in the Industrial zone
district regulations. The proposed food preparation business and catering are currendy allowed in
other industrial-related zoning districts (FCC, LI, CBD-RC) and are appropriate uses within the
Service Industry category of the Industrial zone district. These types of uses are appropriate in an
industrial setting as they are primarily related to preparing a product for distribution to a facility in a
commercial area or providing a service to an off-premise customer/consumer.
The Planning and Zoning Board held a public hearing at its meeting of April 18, 2005. There was
no public testimony. After discussing the amendment, the Board voted 7-0 to recommend to the
City Commission approval of the proposed amendment, based upon positive 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) (Amendment to Land Development
Regulations).
At the first reading on May 3, 2005, the City Commission passed Ordinance No. 28-05.
Recommend approval of Ordinance No. 28-05 on second and final reading.
S:\Clty Clerk\agenda memos\Ord 28-û5 LDR 4.4 20 Semce Industry 051705
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Planning & Zoning Department $5í
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TO: DA~AR~~MANAGER
THRU: PAUL ~NG, DIR TOR OF PLANNING & ZONING
FROM: JEFFREY A. COSTELLO, ASSIST ANT PLANNING DIRECTOR
DATE: MAY 10,2005
RE: LDR TEXT AMENDMENT REGARDING FOOD PREPARATION &
CATERING - REQUEST FOR ADDITIONAL INFORMATION CONCERNING
WASTE DISPOSAL.
Waste Management was contacted concerning nuisances that can be generated by
waste/trash disposal. Typically, high trash generators, such as restaurants, have at
least two pick-ups per week. In order to reduce odors and trash build-up, Waste
Management may recommend additional pick-ups. The representative indicated that if
the dumpster has an odor, Waste Management will replace the dumpster. If there is a
vermin problem, Waste Management will contact the Health Department. The Health
Department will conduct an inspection and recommendations will be made to the
property owner, who is responsible to resolve the problem.
If needed, additional information will be provided at the City Commission meeting.
Should you need additional information, please let me know.
~
~ CITY COMMISSION DOCUMENTATION 1
TO: DAVID T~ C AGER
THRU: PAUL DO LING, DIRECTO PLANNING AND ZONING ~ -
FROM: JEFFREY A. COSTELLO, A
ISTANT DIRECTOR OF PLAN I . ON ~G
SUBJECT: MEETING OF MAY 5, 2005
PRIVATELY INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION
4.4.20(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", PARAGRAPH (5),
"SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A
PRINCIPAL USE.
II BACKGROUND I ANALYSIS II
A privately initiated LDR text amendment has been submitted by Hua Restaurant Group to allow food
preparation and/or processing, and catering operations as principal uses in the MIC (Mixed Industrial and
Commercial) and I (Industrial) zoning districts. The applicant has submitted the text amendment in order
to occupy a tenant space at the Tenth Street Park of Commerce located on the south side of S.W. 10th
Street, approximately 480' west of S.W. 10th Avenue (1100 S.W. 10th Street, Unit #G).
The MIC zone district allows (by reference) the same industrial and service industry uses as those that
are allowed in Industrial zoning district and references the uses allowed in the Industrial zone district
regulations. The proposed food preparation business and catering are currently allowed In other
industrial-related zoning districts (PCC, LI, CBD-RC) and are appropriate uses within the Service
Industry category of the Industrial zone district. These types of uses are appropriate in an industrial
setting as they are primarily related to preparing a product for distribution to a facility in a commercial
area or providing a service to an off-premise customer/consumer.
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.
~ PLANNING AND ZONING BOARD CONSIDERATION !
At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed
amendment, 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).
II RECOMMENDED ACTION II
Move approval on first reading the ordinance amending Land Development Regulations (LDRs) Section
4.4.20(B)(5) to allow "food preparation and/or processing, including but not limited to bakeries and
catering operations" as a permitted use in the Service Industry category of the Industrial zoning district
(and MIC zoning district by reference) 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), with second reading to occur on May 17, 2005.
Attachments Proposed Ordinance & Planning and Zoning Board Staff Report of April 18, 2005
\ C,C-
City Commission Documentation
LDR Amendment - MIC & I zoning districts to Add Food Preparation & Catering
Page 2
ORDINANCE NO. 28-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.20, "INDUSTRIAL (I)
DISTRICT", SUBSECTION 4.4.20(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", PARAGRAPH (5), "SERVICE
INDUSTRY"; TO ADD FOOD PREPARATION AND/OR
PROCESSING AS A PRINCIPAL USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 18, 2005 and voted 7 to 0 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; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal
Uses and Structures Permitted", Paragraph (5), "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:
(5) 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.
· Land Development Services (eg, 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. typewriters, computers, data processing equipment).
.
City Commission Documentation
LDR Amendment - MIC & I zoning districts to Add Food Preparation & Catering
Page 3
· Limousine Service.
· Gun Ranges (indoor).
· Food preparation and/or processina. includina but not limited to bakeries and caterina
operations.
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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200_.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
·
DURAY BEACH DURAY BEACH
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AI~_CiIy PLANNING AND ZONING BOARD -CiIy
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MEMORANDUM STAFF REPORT
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MEETING DATE: APRIL 18, 2005
AGENDA ITEM: IV.B - PRIVATELY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.4.20
"INDUSTRIAL" TO ADD "FOOD PRODUCTS", "FOOD AND
FOOD-RELATED PRODUCTS AND "CATERING SERVICES" AS
PRINCIPAL USES.
II ITEM BEFORE THE BOARD II
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations Section 4.4.20
"Industrial" to add "food products", "food and food-related products" and "catering
services" as principal uses, 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.
II PROPOSED TEXT AMENDMENT I DEVELOPMENT PROPOSAL II
A privately initiated LDR text amendment has been submitted by Hua Restaurant Group
to list "food products", "food and food-related products", and "catering services" as
principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning
districts. The applicant has submitted the text amendment in order to occupy a tenant
space at the Tenth Street Park of Commerce located on the south side of S.W. 10th
Street, approximately 480' west of S.W. 10th Avenue (1100 S.W. 10th Street, Unit #G).
The proposal is to occupy/purchase a 3,600 sq.ft. warehouse with the intention to
modify the interior to accommodate corporate offices, dry storage, cold storage and a
food commissary (commercial kitchen) to produce products to be delivered to company
restaurants. There will not be any retail sales on the premises. The floor area
breakdown is as follows:
1. Office area - 1,200 sq. ft.
2. Preparation kitchen area - 700 sq. ft.
3. Refrigerated storage area - 700 sq. ft.
4. Dry storage area - 1,000 sq. ft.
The types of products to be produced at this location are:
IV.B.
Planning and Zoning Board Staff Report
LDR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering
Page 2
1. Salads & salad dressings
2. Sauces
3. Soups
4. Dough & baked goods
5. Marinated protein such as meat, poultry & seafood
6. Roasted pork & beef
The request is amend the following sections:
1. Section 4.4.20(8)(1) which is referenced by Section 4.4.19(8)(1), under the
heading "Products" to add "food products".
2. Section 4.4.20(8)(3) to add "food and food-related products".
3. Section 4.4.20(8)(5) to add "catering services".
~ LDR TEXT AMENDMENT ANAL YSIS J
LDR Section 2.4.5(M)(5) (Findinas): 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.
The purpose and intent of the Mixed Industrial and Commercial (MIC) District is to
provide for a mix of industrial, commercial, and office use in a single zone district. The
uses allowed are intended to enhance employment opportunities in the industrial,
manufacturing and trade sectors, with supporting business and professional office
functions. The MIC zone district allows the same industrial and service industry uses as
those that are allowed in Industrial zoning district regulations and references the uses
allowed in the Industrial zone district regulations.
The Industrial Uses include the manufacturing, fabrication and wholesale of items while
the Service Industry uses typically provide an off-site service but maintain inventory,
storage and an office at a central location. The manufacturing component of the MIC
and I zoning districts currently allow similar products such as bakery products and the
MIC zoning district classifies bakeries as a retail trade. Other food-related or
consumable items that are allowed in the I zoning district include "dairy processing and
"meat cutting and wholesale storage" as a conditional use. Examples of the types of
uses allowed in the Service Industry are contractor and trade services, development
services, limousine services, business services. Based on a commonality with these
uses with respect to the off-site services, the proposed food preparation business and
catering are appropriate uses within the Service Industry category. The request includes
modifying Sections 4.4.20 (B)(1), (3) and (5), which is unnecessary. The use can be
listed as a single use under the Service Industry uses.
It is noted that in the CBD-RC (Central Business District - Railroad Corridor) (which
allows limited industrial uses) and LI (Light Industrial) zoning districts food preparation
and/or processing, including but not limited to bakeries and catering operations are
listed as a conditional use. Also, on October 5, 2004, the City Commission approved a
·
Planning and Zoning Board Staff Report
LDR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering
Page 3
similar text amendment 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 (Planned Commerce Center) zoning district. These types of uses
are appropriate in an industrial setting as they are primarily related to preparing a
product for distribution to a facility in a commercial area or provide a service to an off-
premise customer/consumer.
The addition of the uses to the MIC and Industrial zoning districts will provide more
flexibility to the zoning districts and more opportunities for businesses. It is noted that
the serving of food on the premises is not permitted as this would change the
classification to restaurant, which is not permitted in the industrial zoning districts (MIC,
LI, I).
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.
II REVIEW BY OTHERS !
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:
0 PROD
0 President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
II AL TERNA TIVE ACTIONS II
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the text
amendment to the Land Development Regulations (LDRs) Section
4.4.20(8)(5) to allow "food preparation and/or processing, including but not
limited to bakeries and catering operations" as a permitted use in the Service
Industry category of the I zoning district (and MIC zoning district by reference)
by adopting the findings of fact and law contained in the staff report, and
·
Planning and Zoning Board Staff Report
LOR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering
Page 4
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 the Land Development Regulations (LDRs) Section
4.4.20(8)(5) to allow "food preparation and/or processing, including but not
limited to bakeries and catering operations" as a permitted use in the Service
Industry category of the I zoning district (and MIC zoning district by reference)
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).
II RECOMMENDED ACTION 11
Move a recommendation of approval to the City Commission for the text amendment
to the Land Development Regulations (LDRs) Section 4.4.20(8)(5) to allow "food
preparation and/or processing, including but not limited to bakeries and catering
operations" as a permitted use in the Service Industry category of the I zoning
district (and MIC zoning district by reference) 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
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
BY AMENDING SECTION
4.4.20, IIINDUSTRIAl (I)·
DISTRICTII , SUBSECTION
4.4.20{B ), IIPRINCIPAl USES ( C)
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AND STRUCTURES PERMIT - n
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TED" , IISERVICE INDUSTRY" ~
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- TO ADD FOOD PREPARATION ¡¡¡
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AND/OR PROCESSING AS A ~
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PRINCIPAL USE '"
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"!he Gty CommisSion of the Coty of Delroy Beach, Florida, proposes to adopt the following c.
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ord,nance ;;:
~
ORDINANCE NO. 28-05 ....
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, flORIDA, c.
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AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY '"
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AMENDING SECTION 4420, "INDUSTRIAl II) DISTRIŒ", SUBSECTION 44 20(B), "PRINCI- ~
PAL USES AND STRUŒURES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY", TO ADD ;;:
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FOOD PREPARATION AND/OR PROCESSING AS A PRINCIPAL USE, PROVIDING A SAVING ~
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE ~
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"!he Coty Commission w.J1 conduct two (2) Public Hearings for the purpose of accepting public 01
.
teshmony regarding the proposed ordinance. The hrst Public HearIng wIll be held on ~ i
DAY. MAY 3. 2005. AT 7:00 P.M. in the Commission Chambers ot Coty Hall, 100 N W.
1 st Avenue, Delray Beach, FlorIda If the proposed ordinance is possed on first reading, a see- b-
e
ond Publ,c Hearing wIll be held on WE5DAY. MAY 17. 2005. AT 7:00 P.M. (or at any n
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continuation of such meeting which is set by the CommIssIon) in the Commission Chambers at <It
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CIty Hall, lOON W 1 st Avenue, Delray Beach, Florida <>
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3
All interested citizens are invited to attend the publIc hearings and comment upon the proposed
ordinance or submit their comments In wrltong õn or before the date of these hearings to the
Pfannlng and Zoning Deportment For further Informahon or to obtQln a copy of the proposed
ordinance, please contoct the Planning and Zoning Deportment, Coty Hall, lOON W 1 st
Avenue, Delray Beach, Florida 33444 lemall at pzmall@mydelraybeach com) or by calling
561/243-7040), between the hours of 8-00 a m and 500 pm, Monday through Friday,
excluding holIdays
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON 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 PURSUANT TO ES. 286 0105.
CITY OF DElRAY BEAOi
Chevelle D Nubin
City Clerk
PUBUSH Monday, April 25, 2005
Tuesday, May 10, 2Q05
BOCA RATON!DElRAY BEACH NEWS
AD#NS040577
G.c : CtudtLflVl¿
www.bocanews.com · Boca RatonlDelray Beach News - Monday, April 25, 2005 11
CITY OF DELRAY B~EACH
'NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
BY AMENDING SECTION
4.4.20, IIINDUSTRIAL (I)
DISTRICT", SUBSECTION
4.4.20(B), IIPRINCIPAL USES
AND STRUCTURES PERMIT-
TED" IISERVICE INDUSTRY"
, .
TO ADD FOOD PREPARATION
AND/OR PROCESSING AS A
PRINCIPAL USE
The City Commission of the City of Delroy Beach, Flonda, proposes to adopt the following
ordinance'
ORDINANCE NO. 28-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SEatON.4 .4.20, "INDUSTRIAl (1\ DISTRICT", SUBSECTION .4..4.20{B), "PRlNG-
PAl USES AND STRUCTIJRES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD
FOOD PREPARATION AND/OR PROCESSING AS A PRINCIPAl USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEAlER CLAUSE, AND AN EFFEatVE DATE
The CIty Commission wIll conduct two (2) Public Hearings for the purpose of accepting public
testimony regarding the proposed ordinance. The hrst Public Hearing Will be held on TUES-
DAY. MAY 3. 2005. AT 7:00 P.M. on the Commission Chambers at CIty Hall, 100 N W
1 st Avenue, Delroy Beach, FlorIda If the proposed ordinance IS passed on first reading, a sec-
ond Publ,c Heanng will be held on TUESDAY. MAY 17. 2005. AT 7:00 P.M. (or at any
conbnuatÎon of such meetmg which is set by the CommIssIon) on the Commission Chambers at
City Hall, lOON W. 1 sl Avenue, Delray Beach, Florida.
All interesJed citizens ore invited to ottend the public hearings ond comment upon the proposed
ordinance or ~ubmit their comments in writing on or before the date of these hearings to the
Planning and Zoning Department For further information or to obtain a copy of the proposed
ordmance, please contact the Planning and ZoRlng Department, City Hall, 100 N.W. 1st
Avenue, Delroy Beach, Florida 33444 (email at pzmail@mydelraybeach com) or by calling
561/243-70A0}, between the hours of 800 a m and 5:00 pm, Monday through Froday,
excluding holidays
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAl ANY DECISION MADE BY THE
CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TEST!-
MCMf AND EVIDENCE UPON WHICH 11-tE APPEAL IS TO BE BASED THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S 2860105,
CITY OF DELRAY BEACH
Chevelle D. Nubin
City Clerk
PUBUSH: Monday, April 25, 2005
Tuesday, May 10, 2005
BOCA RATON/DELRAY BEACH NEWS
AD#NS040577