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Ord 40-05 (' /,,\ 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. (' /,,\ 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 (' " /,\ 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 ( "- /,\ (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 f --- /,\ , ~~ 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 . . , 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 · ~ 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. I , ~ .- r.. .... I' I r' t~O pç:t' <~ , ·---.-·i f c:- ,..-- --. ..~ :: 0,- t ;.__ ~.. -A~ t~r ~~./ SACHS SAX KLEIN ' - MbY 2 1 2005 F¡Â'f , 'lr:tJ ATTORNEYS AT LAW T b~'''' -f to'- ' .i _ i _, ,'- I''';, t.'! .. . ' , :. \ ~ l' PLh\-.¡;;¡iiì..1 (.. L\.H~¡¡'Vb p~'~ I~ Ì'; I' d I ,..r: ~ ¡ Ii..~ ,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 : ~ J> R--- -~,- > ' Planning & Zoning Board ~ I _ -<, City of Delray Beach '.'; (,,-' f ,,., .. , ' -' . "/'1í'1J May 12, 2005 ' - LU... Page 2 P' ~ " ~ ,'1 ~ I.. " . ~ ._~ Lv,,;,..., 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 I [ MARl [ Congress Commerce Center Condominium Association, Inc. I cc: [ I j I [ M:\Association\Cong/"ess Commerce Center\Delray Beach P&Z Fòrmal Objection.wpd J 1 Dr::rr,::n!EO " ~ L-__ ---~;¡, ~-;:. " ~ -... ---" : f~^Y 1 ¿ 2005 PLlj;," "';0' ·'-r~!II.':.; ru".·..v \.A t..v.~¡¡jt,J : I I , I r J II II I~ ~~~i I ;ïj -;. (h fl dhnll U IJIII!f r ~ II,¡I(II iiliill ii !t !;I ~ ¡ Ii II ¡¡! ¡'I ,I IP,'II If ~~ 1---111- 1 I, !. ~!;!' ..I~ I If I ~í ~r HI¡ I .··1 t ( fl~t . ¡_ lOW I . '! I >. -} - I IIiP 3 I ~ i J f . !!', i ~ ~;:~~~ i··ii.· -. . ..... .. ~ .j !. · !. .~. 1&"." ~i d - '::.i -1'»1 ..... t- ,}. I (, .5. 1 i ~. I.· t. 1'! JII JI ...I!~'~' e¡BI·! ~çiI'JI ' - II . 11 tI 111 II III: 1 1. ¡ I. ~: H f¡ - II - I: . - ....,tf';'_ ¡ "-~~f .... - ..---- .. t::I~ -1 I o ~... ~ E I'ãllll -: st I: ..I. j il~¡ I~¡ ::: . : I I I "'0 I 0 t -- ~I; -;tIS g¡ 0 q '" .. ii D ì m~ i-I -, j c= I mn co i£ .. o~ 0 ~!J! £ ~o t;I 0 1~ rt:: >- ~~ n "'Z z~"'O ~ [ ~ lie> ~ õ.:r: 0 ~~() z 0 ~;o m~ ::i V> ...., ~m V> > 0 Fm ",ì'J : ~ !rn ~ s a ;om : < i '" - » < m '" >- f' . .. . II r I I I I I" e :z: I 1'1.1 i \ III: ~"¡r · I'll' J ~ .~I~ ~ I! iiil 51 5 ~ ,i ~ 'I . - J .f .. I~ ) -. ( en "·tHJ'.::I ~ Congress -j1llf D -..... ~ Î- r 8 ""d ~...... ~('þ f' ¡III II I Commerce Center ~ f !i .JJ H ~ ! Ç:!~ii:~ ~~iJi~ _ t:~ \'is 0 ! ~ " : §j ~ ..., City of Delray Beach, Florida ; i - ä .- C!-~(, ClLWl Û4l-Vle- - - 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 0 0 N M The City Commission of the City of Delroy Beach, florida, proposes to adopt the follow· ~ CD c ing ordinance '" ""') ¡;; ORDINANCE NO. 40-05 .." c 0 ::E 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 co >- (PCe¡ ZONING DISTRICT AND ADDING SUPPlEMENTAL DISTRICT REGULATIONS FOR ~ -¡; SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN c <= EFFECTIVE DATE. 0 1U a: '" 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 rñ ;= 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