Ord 40-05
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ORDINANCE NO. 40-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, BY AMENDING SECTION
4.4.18, "PLANNED COMMERCE CENTER (pCC) DISTRICT",
TO ADD VOCATIONAL AND COMMERCIAL SCHOOLS
WITHIN THE SERVICE INDUSTRY LAND USE CATEGORY
OF THE PLANNED COMMERCE CENTER (pCC) ZONING
DISTRICT AND ADDING SUPPLEMENTAL DISTRICT
REGULATIONS FOR SAME; PROVIDING A SAVINGS
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 May 23, 2005 and voted 4 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.
WHEREAS, the City Commission of the City of Delray Beach supports education and
educational facilities including vocational and commercial schools; and
WHEREAS, the City Commission of the CIty of Delray Beach desires to allow vocational
and commercial schools to be located within the Planned Commerce Center (pCC) Zoning District
in order to provide more educational opportunities for its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
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II Section 2. That Section 4.4.18, "Planned Commerce Center (pCC) District", Subsection
4.4.18(B)(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:
I (4) Service Industry: Service Industry uses are those which are primarily
I
, 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 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, photo finishing, provision
of office equipment and furnishings, delivery services, computer and data
processing services).
· Educational Facilities e.g. vocational schools. commercial schools (sales.
real estate. personal development. etc.)
· Limited Retail Trade only as a secondary use within anyone 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
2 ORD. NO. 40-05
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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 3. That Section 4.4.18, "Planned Commerce Center (pCC) District", Subsection
4.4.18(E), "Supplemental District Regulations", 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:
(E) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply with the exception of those pertaining to the following:
(1) Truck and Equipment Stor~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 in a manner approved
by the Site Plan Review and Appearance Board.
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.
(2) Overhead Doors: Overhead doors are prohibited from facing an
adjacent public right-of-way with the exception of the right-of-way of 1-95.
3 ORD. NO. 40-05
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(3) Underqroundinq of Utilities: Within the boundary of a PCC all
utilities, including telephone, television cable, and electrical systems shall be installed
underground.
Primary facilities providing service to the site may be granted a waiver from
the undergrounding requirement.
Appurtenances to utility systems which are normally located above are
exempted from the undergrounding requirement; however, when located above ground
they shall be screened in a manner approved by the Site Plan Review and Appearance
Board.
(4) Maintenance of Common Areas: All 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.
(5) Educational facilities which train in the repair of motorized vehicles or
equipment must store vehicles and! or equipment used for training purposes within a fully
enclosed building. shall not service motorized vehicles for the general public or conduct
sales of such items. and overhead doors should remain in a closed position. except for
delivery or removal of the vehicles and vehicle testing.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
4 ORD. NO. 40-05
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, ~~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of -0 ~ ,2005.
~RL~
ATTEST:
~ S). ~~
City Clerk
First Reading ~ \ L \ OS
"-
Second Reading \. J) \z..\ \ ~
\
i 5 ORD. NO. 40-05
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.
,
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER rl
SUBJECT: AGENDA ITEM # \Q~ - REGULAR MEETING OF JUNE 21. 2005
ORDINANCE NO. 40-05 (SECOND READING/SECOND PUBLIC
HEARING
DATE: JUNE 17, 2005
This ordinance is before Commission for second reading and second public hearing for a privately
initiated amendment to Land Development Regulations (LDR), Section 4.4.18(B)(4), "Planned
Commerce Center (pCC)" Zoning District, to add vocational and commercial schools within the
Service Industry land use category of the Planned Commercial Center (pCC) Zoning District and add
Section 4.4.18(E)(5) to provide supplemental regulations regarding vocational schools.
The applicant, Delray Youth Vocational Charter School, currendy located at the South Tech campus in
Boynton Beach, requested a text amendment to the PCC zone district regulations to allow vocational
schools m the Service Industry land use component of the PCC. The school wishes to
occupy /purchase two bays, approximately 5,519 sq. ft., wIthin the Congress Commerce Center
development. The school serves students between the ages of 16-21, currendy has 24 students
enrolled, and would like to increase enrollment to 100 students. The academic curriculum focuses on
building skills in language, arts, mathematics, science, and life skills. The technical curriculum focuses
on automotive education and vocational programs. The velucles used for automotive education will be
stored inside the structure. A detailed description of the school and an analysis of the LDR
amendment are found in the attached Planning and Zoning Board staff report of May 23, 2005.
The Planning and Zoning Board held a public hearing at its meeting of May 23, 2005. There was public
testimony in support of and in opposition to the proposal. The Congress Commerce Center
Condominium Association expressed concerns with regard to parking and the automotive repair
aspects of the school. The Board felt the proposed supplemental regulations addressed the concerns
regarding the repair aspects and that the site plan related items would be addressed through the site
plan modification process. After deliberating, the Board voted 4-0 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 fmding 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 June 7, 2005, the City Commission passed Ordinance No. 40-05.
Recommend approval of Ordinance No. 40-05 on second and fmal reading.
S \Clty Clerk\agenda memos\Ord 40-05 LDR 4.4.18B4 VocatIOnal Schools 062105
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1
~ CITY COMMISSION DOCUMENT A TrON II .
TO: DAVIDT·r~1 AGER
~
THRU: PAUL DO lNG, DlR CTO F PLANNING AND ZONING
FROM: JEFFREY A. COSTELLO, SISTANT PLANNING DIRECT
SUBJECT: MEETING OF JUNE 7, 2005
PRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.4.18(B}(4) TO ADD VOCATIONAL AND COMMERCIAL
SCHOOLS WITHIN THE SERVICE INDUSTRY LAND USE CATEGORY OF THE
PLANNED COMMERCIAL CENTER (PCC) ZONING DISTRICT AND SECTION
4.4.18(E)(5) ADDING SUPPLEMENTAL REGULATIONS REGARDING VOCATIONAL
SCHOOLS.
II BACKGROUND I ANALYSIS II
A privately-initiated amendment to the PCC zone district regulations has been requested to allow
vocational schools in the Service Industry land use component of the PCC. The request was submitted
by Delray Youth Vocational Charter School, which is currently located at the South Tech campus in
Boynton Beach. The school wishes to occupy/purchase two bays totaling approximately 5,519 sq. ft
within the Congress Commerce Center development. The school serves students between 16-21 years
old and currently has 24 students enrolled. Based upon conversations with the applicant, the school
wishes to increase its enrollment to 100 students. The academic curriculum focuses on building skills in
the areas of language, arts, mathematics, science and life skills. The technical curriculum focuses on
automotive education and vocational programs. The applicant has stated that students continuously
conduct assignments/repairs on a vehicle until the skill is mastered (An example is a group of students
replace the brakes and then another group of students conduct the same assignment/skill). The applicant
has stated he does not wish to have an inventory of vehicles on the site and that the vehicles they do
have will be stored inside the structure. A detailed description of the school and an analysis of the LOR
amendment are found in the attached Planning and Zoning Board staff report of May 23, 2005.
~ PLANNING AND ZONING BOARD CONSIDERATION ~
At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was public testimony in support of and in opposition to the proposal. The Congress
Commerce Center Condominium Association expressed concerns with regard to parking and the
automotive repair aspects of the school. The Board felt the proposed supplemental regulations
addressed the concerns regarding the repair aspects and that site plan related items would be
addressed through the site plan modification process. After deliberating, the Board voted 4-0 (Kincaide,
Morris & Zacks absent) 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 LOR Section 2.4.5(M)(5).
II RECOMMENDED ACTION I]
Move approval on first reading the ordinance amending Land Development Regulations (LDRs) Section
Section 4.4 18 (B)(4) Planned Commerce Center (PCC), to add vocational and commercial schools
within the Service Industry land use category of the PCC zoning district and adding Subsection (E)(5)
providing related supplemental regulations, 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 criteria set forth
in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on June 21,
2005.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of May 25, 2005
\<::JA
ORDINANCE NO. 40-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, BY AMENDING SECTION
4.4.18, "PLANNED COMMERCE CENTER (pCC) DISTRICT",
TO ADD VOCATIONAL AND COMMERCIAL SCHOOLS
WITHIN THE SERVICE INDUSTRY LAND USE CATEGORY
OF THE PLANNED COMMERCE CENTER (pCC) ZONING
DISTRICT AND ADDING SUPPLEMENTAL DISTRICT
REGULATIONS FOR SAME; PROVIDING A SAVINGS
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 May 23, 2005 and voted 4 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.
WHEREAS, the City Commission of the City of Delray Beach supports education and
educational facilities including vocational and commercial schools; and
WHEREAS, the City Commission of the City of Delray Beach desires to allow vocational
and commercial schools to be located within the Planned Commerce Center (pCC) Zoning District
in order to provide more educational opportunities for its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH AS FOLLOWS:
Section 1. That the recItations set forth above are incorporated herein.
Section 2. That Section 4.4.18, "Planned Commerce Center (pCC) District", Subsection
4.4.18(B)(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 Indusu.y: Service Industry uses are those which are primarily
engaged in providing an off-site service but which maintain inventory, storage of materials,
and a busmess office at a central location. The area which may be devoted to "Service
Industry" uses Wlthin a PCC is linuted 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 restncted 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, engineerin~.
· 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, photo finishing, provision
of office equipment and furnishings, delivery services, computer and data
processing services).
· Educational Facilities e.g. vocational schools. commercial schools (sales.
real estate. personal development. etc.)
· Limited Retail Trade only as a secondary use within anyone 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
2 ORD. NO. 40-05
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 3. That Section 4.4.18, "Planned Commerce Center (pCC) District", Subsection
4.4.18(E), "Supplemental District Regulations", 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:
(E) Su,pplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply with the exception of those pertaining to the following:
(1) Truck and EQ.uipment Stora,ge: 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 in a manner approved
by the Site Plan Review and Appearance Board.
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.
(2) Overhead Doors: Overhead doors are prohibited from facing an
adjacent public right-of-way with the exception of the right-of-way of 1-95.
3 ORD. NO. 40-05
(3) UnderqroundinQ. of Utilities: Within the boundary of a PCC all
utilities, including telephone, television cable, and electrical systems shall be installed
underground.
Primary facilities providing service to the site may be granted a waiver from
the undergrounding requirement.
Appurtenances to utility systems which are normally located above are
exempted from the undergrounding requirement; however, when located above ground
they shall be screened in a manner approved by the SIte Plan Review and Appearance
Board.
(4) Maintenance of Common Areas: All 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.
(5) Educational facilities which train in the repair of motorized vehicles or
equipment must store vehicles and/or equipment used for training purposes within a fully
enclosed building. shall not semce motorized vehicles for the general public or conduct
sales of such items. and overhead doors should remain in a closed position. except for
delivery or removal of the veh1cles and veh1cle testing.
Section 4. 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 illvahd.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
4 ORD. NO. 40-05
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
5 ORD. NO. 40-05
DURAY HEACH DELRAY BEACH
~~A'--:!III h·~'~.
~IcoClly PLANNING AND ZONING BOARD AI!-AmørÍOllClly
, III I! ' I III,!
MEMORANDUM STAFF REPORT
I {l'l I 1!J4 J
2001 20J1
MEETING DATE: MAY 23, 2005
AGENDA ITEM: IV.I. PRIV A TEL Y -INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.4.18(B}(4} TO ADD
VOCATIONAL AND COMMERCIAL SCHOOLS WITHIN THE
SERVICE INDUSTRY LAND USE CATEGORY OF THE PLANNED
COMMERCIAL CENTER (PCC) ZONING DISTRICT.
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 4.4.18(B)(4)
Planned Commerce Center (PCC), to add vocational and commercial schools within the
Service Industry land use category of the PCC zoning district, pursuant to LOR 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.
l PROPOSED LDR TEXT AMENDMENT I DEVELOPMENT PROPOSAL ___ J
-...... - An amendment to the PCC zone district regulations has been requested to allow
vocational schools in the Service Industry land use component of the PCC. The request
was submitted by Delray Youth Vocational Charter School, which is currently located at the
South Tech campus in Boynton Beach. The school wishes to occupy/purchase two bays
totaling approximately 5,519 sq. ft. within the Congress Commerce Center development.
The school serves students between 16-21 years old and currently has 24 students
enrolled. Based upon conversations with the applicant, the school wishes to increase its
enrollment to 100 students. The academic curriculum focuses on building skills in the
areas of language, arts, mathematics, science and life skills. The technical curriculum
focuses on automotive education and vocational programs. Other aspects include G.E.D.
and other standardized test preparation, life management skills and professional
development. School hours are typically 1 :15 p.m. to 8:00 p.m. and the school follows the
Palm Beach County school calendar. The applicant has stated that students continuously
conduct assignments/repairs on a vehicle until the skill is mastered. (An example is a
group of students replace the brakes and then another group of students conduct the
same assignment/skill). The applicant has stated he does not wish to have an inventory of
vehicles on the site and that the vehicles they do have will be stored inside the structure.
The proposed text amendment is to add the following use to the Service Industry category
[LOR Section 4.4.18(B)(4)]of the PCC zone district:
IV.I.
Planning and Zoning Board Staff Report
LDR Amendment - PCC zone district regarding Vocational Schools
Page 2
"Educational Facilities e.g. vocational schools, commercial schools (sales, real estate,
personal development, etc.)"
II LDR TEXT AMENDMENT ANALYSIS II
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 PCC zone district is an industrial district that is applied to a master planned industrial
park. The purpose and intent of the PCC zone district is to 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 has more stringent requirements than other industrial zoning districts
and does not have any listed conditional uses, which typically are conducted outside or
have significant amount of outside storage associated with the use.
LOR Section 4.4.18(8)(4) of the PCC zone district states that "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 the central
location, and all aspects of these uses must be accommodated within a structure except
for overnight storage of vehicles used by the business."
Since being enacted in 1985, the PCC zoning district regulations have been modified
twice, which only related to the Service Industry land use category. At its meeting of June
20, 2000, the City Commission approved an LOR text amendment to allow Limousine
services with no vehicle repair or detailing on the premises as a permitted use in the
Service Industry category of the PCC zoning district. More recently on September 21,
2004, the City Commission approved an LOR amendment to allow Food catering
establishments, preparation and storage only (no food served on premises) in the Service
Industry category of the PCC.
Currently, within the Office Center land use category of the PCC zoning district
Educational Facilities e.g., vocational schools, commercial schools (sales, real estate,
personal development, etc.) [ref. LOR Section 4.4.18(8)(1)]. Vocational schools are also
listed as a permitted use in the MIC (Mixed Industrial and Commercial) zoning district
under "Business and Professional Offices" [ref. LOR Section 4.4.19(8)(3)].
The PCC zoning district does not allow automotive repair or industrial uses that may be
conducted outside or have significant amount of outside storage. The potential negative
impacts of these uses are the basis for listing them as conditional uses in the MIC zoning
district and not allowing them in an industrial park setting such as the PCC. As stated
above, the Service Industry category allows the repair of equipment and materials
associated with the service. Service Industry also permits the overnight storage of vehicles
provided they are screened from view of adjacent properties or public right-of-way in a
manner approved by the Site Plan Review and Appearance 80ard. In addition to the uses
Planning and Zoning Board Staff Report
LDR Amendment - pee zone district regarding Vocational Schools
Page 3
that provide an off-site service, industrial uses are also allowed when the use is limited to
no more than 5,000 sq. ft. per tenant.
The concerns with auto repair relate to parking impacts, noise and aesthetics of the use
itself as it relates to the storage of vehicles, overall property/business maintenance, and
extensive use of overhead doors. Thus, there are concerns with the automotive repair
skills/training aspects of the school and similar schools. This was also a concern with a
prior request to add limousine service in the PCC. Therefore, the applicant's request for
limousine service included a provision "with no vehicle repair or detailing". I n order to
alleviate these concerns and to prevent any future requests to amend the LORs to allow
auto repair or detailing operations in the PCC and to clearly distinguish the school from an
auto repair facility, additional restrictions are necessary.
The automotive education program of the school is only one aspect of the overall
curriculum. This aspect of the school curriculum will be incidental to the overall program.
As such, it will not occur throughout the day, every day, which is clearly different from an
auto repair facility. The applicant has stated he does not wish to have any inventory of
vehicles on the site and that the vehicles they do have will be stored inside the structure. In
addition to requiring vehicles used for training to be stored inside, to mitigate any potential
noise and alleviate concerns with the appearance of the operation, the overhead doors
should remain in closed position, except for delivery or removal of the vehicles and vehicle
testing. This would require the installation of some type of air conditioning device such as
a/c ducts, fans and/or vents. There should also be no service of vehicles for the general
public or vehicle sales.
Site Plan Modification:
If the text amendment is approved, a site plan modification must be processed to
accommodate the proposed school. The site plan modification must address development
regulations such as parking, student drop-off/pick-up and vehicle stacking. The maximum
capacity of the school will be based upon the ability to comply with the development
regulations.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. The proposed LOR amendment provides
additional flexibility to accommodate an educational need. While the amendment does not
fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not
inconsistent with them.
II RECOMMENDED ACTION II
Conqress Commerce Center Condominium Association. Inc.
A letter of objection has been provided by the Congress Commerce Center Condominium
Association, Inc. objecting to the proposed amendment based upon the auto repair aspect
of the use as well as parking. A copy of the letter has been attached.
Planning and Zoning Board Staff Report
LOR Amendment - PCC zone district regarding Vocational Schools
Page 4
Courtesy Notices: Courtesy notices have been provided to the following civic associations:
· PROD (Progressive Residents of Delray)
· President's Council
Additional letters of objection and support, if any, will be provided at the Planning and
Zoning Board meeting.
[I AL TERNA TIVE ACTIONS -_.~-------- .~ -.11
---- -- -- - . -. - ---
1. Continue with direction.
2. Move to recommend to the City Commission approval of the amendment to the
Land Development Regulations Section 4.4.18 Planned Commerce Center (PCC),
to add vocational and commercial schools within the Service Industry land use
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 criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
3. Move to recommend to the City Commission denial of the amendment to the Land
Development Regulations Section 4.4.18 Planned Commerce Center (PCC), to add
vocational and commercial schools within the Service Industry land use 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 criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
~ RECOMMENDED ACTION II
---- - . -.- - .
Move to recommend to the City Commission approval of the attached amendment to the
Land Development Regulations Section 4.4.18 Planned Commerce Center (PCC), to add
vocational and commercial schools within the Service Industry land use 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 criteria
set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
· Proposed Amendment
· Letter of objection - Commerce Commerce Center Condominium Association, Inc.
· Site Plan
Planning and Zoning Board Staff Report
LDR Amendment - PCC zone district regardmg Vocational Schools
Page 5
PROPOSEDLDRAMENDMENT
(4) Service Industrv: 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 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).
· Educational Facilities e.Q. vocational schools. commercial schools (sales.
real estate. personal development. etc.)
· Limited Retail Trade only as a secondary use within anyone 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 MOP. Such retail use may involve the sale of products associated
with an established service industry use or may involve any of he following
products:
Planning and Zoning Board Staff Report
LOR Amendment - PCC zone district regarding Vocational Schools
Page 6
· 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
(D) Development Standards:
The following standards shall be adhered to in the development of a PCC. Waivers
and variances to these standards may be approved by the Planning and Zoning Board
concurrent and as a part of the approval of a Master Development Plan (MOP).
It is the intent of this subsection to establish minimum standards for development
within the PCC Zone District. When considering a Master Development Plan (MOP) in any
Planned Commerce Center (PCC) development proposal, the Planning and Zoning Board
may attach suitable conditions, safeguards, and stipulations to address the specific
characteristics of the site and potential impacts of the proposed development.
(1 ) Standards Pertainina 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 MOP.
(e) Retail Center shall not encompass more than ten percent (10%) of the
total land 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 Uniaue to the PCC District: Where standards unique to
the pce District conflict with standards contained elsewhere in the zoning, subdivision,
and landscape codes, the standards of this Subsection (2) shall apply.
Planning and Zoning Board Staff Report
LDR Amendment - PCC zone district regarding Vocational Schools
Page 7
(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) Minimum 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.
(c) lot Coveraae & Open Space:
· By structures: a maximum of 50% of the area of any individual lot.
· For open space: land area equal to, at least 25% of the area included
within the perimeter boundary of a MOP shall be in open
space. Landscape areas required to meet parking lot design
requirements, and paved areas shall not be included in the meeting 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 permitted 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 a collector or arterial street 30 feet
· When abutting residentially zoned property 40 feet
· When adjacent to but separated from residentially 25 feet
zoned property by a street, waterway, alley, railway or
park
(e) Setback Reauirements: Building setback requirements shall be
established as a part of the MOP. Minimal setback requirements shall be
the rule provided that:
(a) landscaping standards between buildings and perimeter boundaries
are maintained.
Planning and Zoning Board Staff Report
LDR Amendment - PCC zone district regarding Vocational Schools
Page 8
(b) Sight distance with respect to vehicular movements is adequate.
(E) Supplemental District Reaulations: The supplemental district regulations
as set forth in Article 4.6 shall apply with the exception of those pertaining to the following:
(1 ) Truck and Equipment Storaae: 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 in a manner
approved by the Site Plan Review and Appearance Board.
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.
(2) Overhead Doors: Overhead doors are prohibited from facing an
adjacent public right-of-way with the exception of the right-of-way of 1-95.
(3) Underaroundina of Utilities: Within the boundary of a PCC all
utilities, including telephone, television cable, and electrical systems shall be installed
underground.
Primary facilities providing service to the site may be granted a waiver
from the undergrounding requirement.
Appurtenances to utility systems which are normally located above are
exempted from the undergrounding requirement; however, when located above ground
they shall be screened in a manner approved by the Site Plan Review and Appearance
Board.
(4) Maintenance of Common Areas: All common open space shall
conform to its intended use, per the MOP, through deeds, covenants, or other
arrangements, as approved by the City Attorney, and which run with the land.
(5) Educational facilities which train in the repair of motorized vehicles or
eauipment must store vehicles and/or eauipment used for traininQ purposes within a fullv
enclosed buildinQ, shall not service motorized vehicles for the Qeneral public or conduct
sale such items, and overhead doors should remain in closed position. except for delivery
or removal of the vehicles and vehicle testinQ.
(F) Special Requirements/Reaulations: 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
Planning and Zoning Board Staff Report
LDR Amendment - PCC zone district regarding Vocational Schools
Page 9
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.
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SACHS SAX KLEIN
' - MbY 2 1 2005
F¡Â'f , 'lr:tJ ATTORNEYS AT LAW
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,W..t ~-' ,-', - . MAlUNG ADORfS5
301 YAMATOROAD POST DFFIŒ BOX 810037
BOCA RATON, FLORIDA 33431 BOCA RATON, FlORIDA 33481-0037
TEt£PHONE (5611 994-4499
DIRECT UNE (561) 237-6810 MICHAELA. RODRIGUEZ, ESQ.
FACSIMILE (561) 994-4985 e-mail: mrodriguez@ssklawflCm.com
May 12, 2005
Planning & Zoning Board
i City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
Attention: leff Costello, Assístant Planning Director
I
Re: Congress Commerce Center Condominium Association, Inc.
Text Amendment to Delray Beach Land Development Regulations
Our File No.: 5814.001
Dear Members of the Board:
I Please be advised that this law firm represents the Congress Commerce Center
I Condominium Association, Ine. (" Association"). The matter of the proposed text amendment
I to Section 4.4.18(B)(4) of the Delray Beach Land Development Regulations (LDR) adding
I
"Educational Facilities, e.g., vocational schools" to the Planned Commercial Center-Service
("PCC") zoning district has been brought to our attention. The Association hereby files this
formal objection to the amendment to the Delray Beach LOR.
The Association is aware of the intention of Delray Youth Vocational Charter School
(/lSchool") to purchase and occupy several bays within the Congress Commerce Center. An
I amendment to the LOR to a!!ow this use within the PCC will result in a negative impact due
I to incompatibility of ~es and ínsuffici~nt parking to accommodate the school use.
!
j
I The proposed school intends to operate an educational facility specializing in teaching
¡ at-risk youth automotive repair s~ills. The proposed school will permit a use within the PCC
that is currently prohibited. Further, such a use will result in an inconsistency of uses within
the zoning district. As currently worded, Section 4.4.18(B)(4), LDR, permits "limousine
services with no vehicle repair or detailing on the premises." However, an amendment to the
! text of Section 4.4.18(B)(4), will allow a vocational school to operate a use that is currently
prohibited within the zoning district. /lZoning decisions should be made on the basis of
:
I rational planning goals and not political pressure." Southwest Ranches Homeowners
I Association, Ine. v. Broward County, 502 So.2d 931 (Fla. 4 th DCA 1987). Creating an
inconsistency of uses whereby one use is permitted to repair automobiles and another use is
prohibited from doing so in the same district and, theoretically, in the same commercial
:
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Planning & Zoning Board ~ I _
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City of Delray Beach '.'; (,,-' f ,,., ..
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May 12, 2005 ' - LU...
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center. The inconsistency of the uses that would be permitted within the PCC zoning district
can be reasonably concluded to result in a detrimental impact on substantial public and
private interests "now," both in the sense of immediate consequences and in the sense of an
immediately discernable portent of certain future harm. Alachua County v. Reddick, 368
So.2d 653 (Fla. 1st DCA 1978).
Certain accessory uses required by the LOR (or "Educational Facilities" would result
in a negative impact to the existing uses within the PCC district. Section 4.3.3(HHH)(2), LOR,
provides, as follows:
A pickup and drop-off area for children shall be provided in a convenient area
adjacent to the building and shall provide clear ingress and egress to the
building. A minimum of a 10œ dedicated vehicular drop-off/pick-up lane shall
be provided. The stacking area is measured from the loading area and shall not
block drive-aisles and parking areas. . . .
The requirement of a "pickup and drop-area" within the PCC district will result in a disruption
of the traffic patterns and traffic circulation within the site. Permitting vocational schools
within the PCC ~istrict can be reasonably concluded to have a detrimental impact on
substantial public and private interests "now", both in sense of immediate consequences and
in sense of immediately discernable portent of certain future harm within the PCC district.
Alachua County v. Reddick, 368 So.2d 653 (Fla. 1 st DCA 1978).
The Congress Commerce Center ("Center") is an office condominium subject to a
Declaration of Condominium. The parking area of the Center is deemed a II common
element" of the condominium and each Unit within the Center has appurtenant thereto an
undivided share in the Common Elements subject to the terms and conditions of the
Condominium Act and the Condominium Documents. Pursuant to the Condominium
Documents, each Unit is allocated parking spaces appurtenantthereto. While not specifically
reserved to each Unit, each parking space is assigned to a Unit. The proposed school intends
to occupy Units that have been allocated a total of thirteen (13) parking spaces. Section
4.6.9(C)(6)(e), LOR, requires that there be one (1) parking space for every five (5) students
which can be accommodated at maximum capacity. In order to be consistent with the LOR
and the available parking spaces within the Center, the proposed School would only be
allowed to enroll sixty-five (65) students. Further, it has come to the attention of the
Association that the School intends to store vehicles in the parking area of the Center. This
storage will take up spaces within their allotted thirteen - (13) spaces. Therefore, there is
insufficient parking within the Center to accommodate an educational use. This parking
shortage that would be created by amending the text of Section 4.4.18(B)(4), LOR, can be
reasonably concluded to have a detrimental impact on substantial public and private interests
Nnow", both in sense of immediate consequences and in sense of immediately discernable
portent of certain future harm within the PCC district. Alachua County v. Reddick, 368 So.2d
, ,
1
Planning & Zoning Board
City of De/ray Beach
May 12, 2005
Page 3
653 (Fla. 1 st DCA 1978).
Therefore, the Association respectfully requests that the Delray Beach Planning and
Zoning Board and the City Commission of Delray Beach deny the request to amend the text
of Section 4.4.18(B)(4), land Development Regulations of the City of Delray Beach because
the City has reasonably concluded that the addition of vocational schools within the PCC
zoning category would have a detrimental impact on substantial public and private interests
Hnow," both in sense of immediate consequences and in sense of immediately discernable
portent of certain future harm due to the creation of incompatible uses and detrimental impact
on existing uses within the zoning district.
If you have any additional questions or comments, please do not hesitate to contact
me.
Very truly yours,
[ EIN
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MARl
[ Congress Commerce Center Condominium Association, Inc.
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..., City of Delray Beach, Florida ; i
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS BY
AMENDING SEOION 4.4.18, IIPLANNED
COMMERCE CENTER (PCQ
DISTRIO", TO ADD VOCATIONAL AND
COMMERCIAL SCHOOLS WITHIN THE SERVICE
INDUSTRY LAND USE CATEGORY OF THE
'PLANNED COMMERCE CENTER (PCQ ZONING
DISTRIO AND ADDING SUPPLEMENTAL
~
U') DISTRIO REGULATIONS FOR SAME
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M The City Commission of the City of Delroy Beach, florida, proposes to adopt the follow·
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c ing ordinance
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¡;; ORDINANCE NO. 40-05
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I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEAŒ, FLORI-
'"
~ DA, AMENDING THE lAND D~ELOPMENT REGULATIONS OF THE CITY OF DELRAY
z BEAŒ, FLORIDA, BY AMENDING SECTION 4.4.18, "PLANNED COMMERCE CENTER
.c
<.:I (PCe¡ DISTRICT", TO ADD VOCATIONAL AND COMMERCIAL SCHOOLS WITHIN THE
..,
CD SERVICE INDUSTRY LAND USE CATEGORY OF THE PLANNED COMMERCE CENTER
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>- (PCe¡ ZONING DISTRICT AND ADDING SUPPlEMENTAL DISTRICT REGULATIONS FOR
~
-¡; SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
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<= EFFECTIVE DATE.
0
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'" The City Commission will conduct two (2) Public Hearings for the purpose of accepting
g
co public testimony regarding the proposed ordinance The ~rst Public Hearing will be held
.
E on TUESDAY. JUNE 7. 2005. AT 7:00 P.M. in the Commission Chambers at City
0 Hall, 100 N.W 1st Avenue, Delroy Beach, Florida If the proposed ordinance is passed
<.:I
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;= on first readmg, a second Public Hearing will be held on TUESDAY. JUNE 21. 2005.
Q)
c AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission)
'"
<.:I m the Commission Chambers at City Hall, lOON W 1 st Avenue, Delray Beach, Florida.
0
¡
All interested citizens are invited 10 ottend the public hearings and comment upon the pro-
posed ordinance or submit their comments in writing on or before the dale of these hear-
ings to the Planning and Zoning Department. For further information or ta obtain a copy
of the proposed ordinance, please contact the Planning and Zoning Department, City Hall,
100 NW. 1 st Avenue, Delray Beach, Florida 33.4.44 (email at
pzmail@mydelrqybeach com) or by calling 561/243-7040), between the hours of 800
a m and 5:00 pm, Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL Am DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHIŒ THE APPEAL IS TO BE
BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO
FS. 2860105.
CITY OF DElRAY BEAŒ
Chevelle D. Nubin
City Clerk
PUBUSH Monday, May 30, 2005
Monday, June 13, 2005
BOCA RATON/DELRAY BEACH NEWS
AD# NS050614
ce. C ¿{,{ò ICvhí/ e
0
CITY OF DELRAY BEACH ,¥ì . ()1"' d-V
NOTICE OF PROPOSED AMENDMENT TO THE 'Ò\l'ifo-v(
LAND DEVELOPMENT REGULATIONS BY
AMENDING SEalON 4.4.18, IIPLANNED
COMMERCE CENTER (PCC)
DISTRla", TO ADD VOCATIONAL AND
COMMERCIAL SCHOOLS WITHIN THE SERVICE
INDUSTRY LAND USE CATEGORY OF THE
PLAN~ED COMMERCE CENTER (PCC) ZONING
E DISTRIU AND ADDING SUPPLEMENTAL
0
, DISTRla REGULATIONS FOR SAME
The City Commission of the City of Delroy Beach, Florida, proposes to adopt the rollow-
Ing ordi nonce
. ORDINANCE NO. 40-05
It)
8
....
Q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH, HORl-
"" DA, AMENDING THE lAND DEVElOPMENT REGUlATIONS OF THE CITY OF DElRAY
¡;-
:IE BEACH, flORIDA. BY AMENDING SECTION 4418, "PlANNED COMMERCE CENTER
¡:f (PCC) DISTRICT", TO ADD VOCATIONAL AND COMMERCiAl SCHOOLS WITHIN THE
"0
co SERVICE INDUSTRY lAND USE CATEGORY OF THE PlANNED COMMERCE CENTER
0
:¡;: (PCC) ZONING DISTRICT AND ADDING SUPPLEMENTAL DISTRICT REGUlATIONS FOR
I
~ SAME, PROVIDING A SAVING ClAUSE, A GENERAL REPEALER ClAUSE, AND AN
z EFFECTIVE DATE.
.c
u
'" The City Commission will conduct two (2) Public Hearings for the purpose of accepting
CD
""
ê publrc testimony regarding the proposed ordinance. The first Public Hearing will be held
¡¡; on TUESDAY. JUNE 7~ 2005. AT 7:00 P.M. in the Commission Chambers at City
C\
ì: Hall, 100 N.W 1st Avenue, Delray Beach, Florida. If the proposed ordinance is possed
.s on first reading, a second Public Hearing will be held on TUESDAY. JUNE 21. 2005.
'"
a: AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission)
'"
u
0 In the CÕmmlssion Chambers at City Hall, lOON W I st Avenue, Delroy Beach, Florida
""
N
...- All interested citizens ore invited to attend the public hearings and comment upon the pro-
posed ordinance or submit their comments in wrihng on or berore the date of these hear-
ings to the Planning and Zoning Deportment. For further inronnation or to obtain 0 copy
of the proposed ordinance, please contact the Plonning and Zoning Deportment, City Hall,
100 NW. 1st Avenue, Delroy Beoch, Florida 33444 (email at
pzmailOmydelrqybeach.coml or by calling 561/243-7040), between the hours of 8:00
a.m. and 5·00 p.m , Monday through Friday, excluding holidays
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL þ.N( DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANi MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCWDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO
F.S.286.0105.
CITY OF DElRAY BEACH
ChewIIe D. Nubin
City Clerk
PU8USH: Monday, MDt 30,2005
Tuesday, June 14, 2005
BOCA RATON/DElRAY BEACH NEWS
AD#- N$050614