Ord 61-05
("' /"\
ORDINANCE NO. 61-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED
INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT",
SUBSECTION 4.4. 19(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", TO ADD THE STORAGE AND
RENTAL OF HEAVY EQUIPMENT AS A CONDITIONAL
USE IN THE MIC ZONING DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTNE 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 July 18, 2005, and voted <J> to º- to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.19, "Mixed Industrial and Commercial (MIC) District",
Subsection 4.4.19(D), "Conditional Uses and Structures Allowed", 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:
("' /,,\
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses within the MIC Zone District:
(a) Kennels, no on-site disposal of carcasses;
(b) Material and component recovery for reuse, such as the disassembly and resale
of computer components, appliances, and electrical components. This does not
include resource recovery facilities as described and regulated by Section 4.3.3
(Z);
(c) Automobile paint, body, and repair shops;
(d) Boat repair and service;
(e) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in
4.3.3 (A).
(2) The following additional uses are also allowed as conditional uses in the MIC zoning
district. However, any outside storage associated with such uses may not be located within one
hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding
I Interstate 95);
!
(a) Lumberyards;
(b) Garages and lots for the parking and storage of vehicles, including the storage
of light trucks, up to and including two-ton trucks;
(c) Storage and rental of light construction equipment not over twenty-four feet
(24') long, eight feet (8') wide, and ten feet (10') high;
(d) Monument and ornamental stone cutting;
(e) Rental and sales of modular buildings;
~ Towing services, with outside storage.
(g) Storage and rental of construction equipment not over one hundred feet (100')
long. fourteen feet (14') wide. and fifteen feet (15') high provided that each of
the following requirements are met:
2 ORD. NO. 61-05
( "' /",\
1. Any outside storage associated with such use may not be located
within two hundred fifty feet (250') of any property line adjacent to
an arterial roadway (excluding Interstate 95) and~
11. The property is buffered by a minimum six foot (6') wall or
minimum six foot (6') hedge. However. ifthe property is adiacent to
! a public building. school. park. library. or residential area at the time
of conditional use approval. a minimum six foot (6') high berm and
either a 6' wall or 6' hedge on top of the berm shall be required.
111. Provision of a 10' minimum landscape buffer with trees planted 25'
on center around the perimeter of the storage area.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
~dayof R'(~f~ , 200-ª-.
ATTEST ~A;O~
~~~
City Clerk. Ac:f-: 'ð
First Reading n:ý~o/~5
Second Reading O~JIp!r:x:J:J5
3 ()RJ).~(). 61-05
!
I
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI1Y MANAGER tJr1
SUBJECT: AGENDA ITEM # \ OQ... - REGULAR MEETING OF AUGUST 16. 2005
ORDINANCE NO. 61-05 (SECOND READING/SECOND PUBLIC HEARING)
DATE: AUGUST 12, 2005
This ordinance is before CoffißÙssion for second reading and second public hearing for a privatdy initiated amendment
to Land Devdopment Regulations (LDR) Section 4.4. 19(D) (2), ''Mixed Industrial and Commercial (MIC) District;
Conditional Uses and Structures Allowed", to add the storage and rental of heavy construction equipment not over toO'
long, 14' wide, and 15' high as a Conditional Use m the MIC (Mixed Industrial and Commercial) zoning district.
This amendment should be analyzed as a non-site specific application as it affects all areas within the City that are
zoned MIe. However, the amendment was initiated by Hunter Crane in order to operate its business at the former
Shaw Trucking site at 2189 West Adantic. In November 1988, the property was annexed and assigned an initial zoning
designation of GC (General Commercial). In 1990 the property was subsequendy rezoned to MIC as part of the
citywide rezoning. Shaw Trucking ceased operation in February, 2003. Hunter Crane has since occupied the site and
applied for an occupational license which was denied in August of 2003. Since that time the business has operated on-
site without an occupational license. Hunter Crane was cited on February 25, 2004 for conducting business without an
occupational license. The occupational license denial was based on the determination that the use fell within the
classification of "heavy equipment and tool rental" which is not an allowed use within the MIC zoning district. The
matter has been considered by the Code Enforcement Board and the citation is pending the consideration of the
privately initiated text amendment by the Commission.
At its meeting of February 28, 2005, the Planning and Zoning Board considered the applicant's original illR text
amendment which redefined the dimensions of light construction equipment storage and rental to accommodate the
large construction equipment. The Planning and Zoning Board postponed the text amendment and directed the
applicant to work with staff to add a new use category for the storage and rental of heavy storage eqwpment rather than
redefining the dimensions to be considered under light construction use.
In response to the Planning and Zoning Board's direction, the applicant submitted a new illR text amendment to add
a new use known as the "Storage and Rental of Heavy Construction Equipment not over 100' long, 14' wide, and 15'
high". The applicant has added a 250' separation requirement from any arterial roadway (except Interstate 95) for this
use. The revision also includes buffer requirements that include either a 6' high wall or 6' high hedge together with
increase perimeter landscape buffer and trees. It is noted that additional buffers could be added on a case-by-case basis
during the conditional use process given the nature of a specific use to ensure compatibility with surrounding
properties.
The Planning and Zoning Board hdd a public hearing at its meeting of July 18, 2005. There was no public testimony.
After discussing the amendment, the Board voted 6-0 to recommend to the City CoffißÙssion 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 critena set forth in LDR Section 2.4.5(M) (Amendment to Land
Devdopment Regulations).
At the first reading on August 2, 2005, the City CoffißÙssion passed Ordinance No. 61-05; subject to revision of the
ordinance to require a 6' high berm and either a 6' high wall or 6' high hedge on top of the berm when such uses are
adjacent to a public building, school, park, library, or residential area.
Recommend approval of Ordinance No. 61-05 on second and final reading.
S:\Clty Clerk\agenda memos\Ord 61-{)5 MIC Zone Dc;tnct Heavy Eqwpment 081605
---
ÞttJIL
II CITY COMMISSION DOCUMENTATION II
TO: DAVID T. HARDEN, CITY MANAGE~V~ 1J1-~
THRU: PAUL DORLlNG, DIRECTOR OF ~7~NG
FROM: SCOTT PAPE, SENIOR PLANNER ~
SUBJECT: MEETING OF AUGUST 2, 2005
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION
SECTION 4.4.19(D)(2) TO ADD THE STORAGE AND RENTAL OF HEAVY
CONSTRUCTION EQUIPMENT NOT OVER 100' LONG, 14' WIDE, AND 15' HIGH AS A
CONDITIONAL USE IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING
DISTRICT.
[I BACKGROUND AND ANAL YSIS II
The City has received a privately initiated LDR text amendment to include the above referenced use as a
conditional use in the MIC zoning district. This amendment should be analyzed as a non-site specific
application as it affects all areas within the City that are zoned MIC. However, the amendment was
initiated by Hunter Crane in order to operate its business at the former Shaw Trucking site at 2189 West
Atlantic Avenue (west of the northwest corner of Congress Avenue and West Atlantic Avenue). The
Shaw Trucking property was annexed in November 1988 and was assigned an initial zoning designation
of GC (General Commercial). The property was subsequently rezoned to MIC as part of the citywide
rezoning in 1990. Shaw Trucking operated its business up to February, 2003 at which time the business
ceased operation. Hunter Crane has since occupied the site and applied for an occupational license
which was denied in August of 2003. Since that time the business has operated on site without an
occupational license. Hunter Crane was cited on February 25, 2004 for conducting business without an
occupational license. The occupational license denial was based on the determination that the use fell
within the classification of "heavy equipment and tool rental" which is not an allowed use within the MIC
zoning district The matter has been considered by the Code Enforcement Board and the citation is
pending the consideration of the privately initiated text amendment by the City Commission.
At its meeting of February 28, 2005, the Planning and Zoning Board considered the applicant's original
LDR text amendment which redefined the dimensions of light construction equipment storage and rental
to accommodate the large construction equipment. The Planning and Zoning Board postponed the text
amendment and directed the applicant to work with staff to add a new use category for the storage and
rental of heavy storage equipment rather than redefining the dimensions to be considered under light
construction use.
In response to the Planning and Zoning Board's direction, the applicant submitted a new LDR text
amendment to add a new use known as the "Storage and Rental of Heavy Construction Equipment not
over 100' Long, 14' Wide, and 15' High." The applicant has added a 250' separation requirement from
any arterial roadway (except Interstate 95) for this use. The revision also includes buffer requirements
that include either a 6'-high wall or 6'-high hedge together with increase perimeter landscape buffer and
trees. It is noted that additional buffers could be added on a case-by-case basis during the conditional
use process given the nature of a specific use to ensure compatibility with surrounding properties.
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may
request an amendment. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an
LDR amendment must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. Based on the separation and buffer
\ OC-
~
City Commission Documentation
LDR Amendment - Heavy Construction Equipment In the MIC Zoning District
Page 2
requirements, a positive finding can be made that the Land Development Regulation text amendment is
consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Additional
background and a detailed analysis is provided in the attached Planning and Zoning Board staff report.
II PLANNING AND ZONING BOARD CONSIDERATION ~
The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 18, 2005.
There was no public testimony regarding the proposed amendment. After discussing the amendment,
the Board unanimously voted 6-0 to recommend to the City Commission approval of the proposed
amendment to Land Development Regulation Section 4.4.19(0)(2), based upon positive findings with
respect to LDR Section 2.4.5(M).
II RECOMMENDED ACTION II
By motion, approve on first reading the ordinance amending Land Development Regulation Section
4.4.19(D)(2)(g) to add the storage and rental of heavy construction equipment not over 100'-long, 14'-
wide, and 15'-high as a conditional use in the MIC zoning district by adopting the findings of fact and law
contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and
meets the criteria set forth in LDR Section 2.4.5(M)(5).
Attachment' Planning and Zoning Memorandum Staff Report of July 18, 2005
Proposed Ordinance No. 61-05
-- -
ORDINANCE NO. 61-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED
INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT",
SUBSECTION 4.4. 19(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", TO ADD THE STORAGE AND
RENTAL OF HEAVY EQUIPMENT AS A CONDITIONAL USE IN
THE MIC ZONING DISTRICT; PROVIDING A SA VING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE 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 July 18, 2005, and voted _ to _ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.19, "Mixed Industrial and Commercial (MIC) District",
Subsection 4.4. 19(D), "Conditional Uses and Structures Allowed", 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:
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses within the MIC Zone District:
(a) Kennels, no on-site disposal of carcasses;
(b) Material and component recovery for reuse, such as the disassembly and resale of
computer components, appliances, and electrical components. This does not include
resource recovery facilities as described and regulated by Section 4.3.3 (Z);
(c) Automobile paint, body, and repair shops;
(d) Boat repair and service;
(e) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A).
(2) The following additional uses are also allowed as conditional uses in the MIC zoning district.
However, any outside storage associated with such uses may not be located within one hundred and fifty
feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95);
(a) Lumberyards;
(b) Garages and lots for the parking and storage of vehicles, including the storage of light
trucks, up to and including two-ton trucks;
(c) Storage and rental of light construction equipment not over twenty-four feet (24') long,
eight feet (8') wide, and ten feet (10') high;
(d) Monument and ornamental stone cutting;
(e) Rental and sales of modular buildings;
fe1ill Towing services, with outside storage.
(g) Storage and rental of construction equipment not over one hundred feet 000') long.
fourteen feet 04') wide. and fifteen feet 05') high provided that each of the following
requirements are met:
1. Any outside storage associated with such use may not be located within two
hundred fifty feet (250') of any property line adiacent to an arterial roadway
( excluding Interstate 95) and:
11. The property is buffered by a minimum six foot (6') wall or minimum six foot
(6') hedge. However, if the property is adiacent to a public building, school,
park. library. or residential area at the time of conditional use approval, a
2 ORD. NO.
minimum six foot (6') high berm and either a 6' wall or 6' hedge on top of the
berm shall be required.
111. Provision of a 10' minimum landscape buffer with trees planted 25' on center
around the perimeter of the storage area.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,200_
ATTEST MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO.
1~~~~~~p;_~(fR~Wõùif~TX~$~~·~~~!
MEETING DATE: JULY 18, 2005
AGENDA ITEM: IV.G. PRIVATELY INITIATED AMENDMENT TO LOR SECTION
4.4.19(0)(2) TO ADD THE STORAGE AND RENTAL OF HEAVY
CONSTRUCTION EQUIPMENT NOT OVER 100' LONG, 14' WIDE,
AND 15' HIGH AS A CONDITIONAL USE IN THE MIC (MIXED
INDUSTRIAL AND COMMERCIAL) ZONING DISTRICT.
_~~.:.r¡~"~~~'.~.::i:."'''~'''''.~~''';:''':!~å;.-.w..'!',.¡,¡i:'~;;';.c'~
.' " ::m""nÐ 'E: .. :' --;>I ~"" 't:" ''is..O 'A '1'( D ~lf:"!.""1'''-': :. ",::. .... : ... .
__ . ..___...:. ....(. .:__=- ,._::"" ;.:. .:'-..: '11:.' .!.":__. ....-!' __"':'" =-.: - _ ._:... :." ..: ______: ______.:._ . ~_~~_.._:::.::.:.. ~... ~I
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to the Land Development Regulations (LOR)
Section 4.4.19(0)(2). The applicant proposes to amend the MIC zoning district to add heavy
construction equipment to include equipment up to 100' long, 14' wide, and 15' high.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
~~i-'~;;:" ':.~..::~~...:: ~::B'ÁeKGRliöN-õ;rt)ÊvËcciPME~T ~Ró-pÕ'sÃ0- .~~'... . ;~~-:~-H:~!P11
I[~----=-_:. I ... .'._____ .:.... .:. _ _.. . ..' ___ . __n_ ".____. .___ . _. _______ ______----!.,. ..;00 ~
This amendment should be analyzed as a non-site specific application as it affects all areas
within the City that are zoned MIC. However, as this is a privately initiated amendment a brief
history of the applicant is provided. Hunter Crane has made this request in order to operate its
business at the former Shaw Trucking site at 2189 West Atlantic Avenue (west of the northwest
comer of Congress Avenue and West Atlantic Avenue). The Shaw Trucking property was
annexed in November 1988 and was assigned an initial zoning designation of GC (General
Commercial). The property was subsequently rezoned to MIC as part of the citywide rezoning
in 1990. Shaw Trucking operated its business up to February, 2003 at which time the business
ceased operation. Hunter Crane has since occupied the site and applied for an occupational
license which was denied in August of 2003. Since that time the business has operated on site
without an occupational license. Hunter Crane was cited on February 25, 2004 for conducting
business without an occupational license. The occupational license denial was based on the
determination that the use fell within the classification of "heavy equipment and tool rental"
which is not an allowed use within the MIC zoning district. The Code Enforcement Board
considered the citation at its meeting of December 27, 2004 and found that the property was not
in compliance with City code. The Code Enforcement Board granted a 120-day period for the
property owner to become compliant or incur a $250 daily fine.
At its meeting of February 28, 2005, the Planning and Zoning Board considered a LOR text
amendment to redefine the dimensions of light construction equipment storage and rental which
is currently an allowed use. These dimensions were the same as are now proposed by the
current request. The Planning and Zoning Board postponed the text amendment and directed
the applicant to work with staff in adding a new use category for the storage and rental of heavy
Planning and Zoning Board Staff Report
LOR Text Amendment - Hunter Crane
Page 2
storage equipment rather than redefining the light construction use. A new LOR text
amendment was submitted on July 5, 2005 for the storage and rental of heavy construction
equipment not over 100' long, 14' wide, and 15' high.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations may
be initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual may request an amendment. The proposed amendment is a privately initiated text
amendment to the Land Development Regulations and is now before the Board for action.
I" " ' ,-,.¥~- "- (~"r_' ~ >'. " J
',- ~':1~< f~<.{~f ~\¡' ~:J~~~~li\ ~:¡~,~r~' il!!!i'f ",,-,t<7'..;<;tfYf~~~~" ."
t ,... t..,1' ' ""~_'''= I!IBf: __=_.."_" .
The following is an excerpt from the original justification n~rrative submitted by the applicant for
the redefinition of light construction equipment:
"Prior to our taking over this property in your city, Shaw Trucking had been doing
business for many years at this same location. Delray Land Holdings LLC, the owner of Hunter
Crane, is providing similar services and is at a loss as to why the city would take any issue with
our operating out of this location. Additionally, the businesses surrounding our location are
industrial and the city of Delray Beach has a serious need for a reasonable, reputable and
reliable crane company. Currently, Hunter Crane is the ONL Y crane company with in the Delray
Beach city limits. These reasons alone would appear to support our request that the city
continue to allow our business to operate at this location as its predecessor had done for years.
Additionally, Hunter Crane (Delray Land Holdings LLC) has proven our abilities in not
only in the daily construction and growth of the "new Delray Beach", but under our contract with
FPL. Hunter Crane (Delray Land Holdings, LLC) was responsible for handling all post hurricane
and emergency response operations, and we all know the trying times Florida went through
during our most recent Hurricane season, and Delray Beach surely did not go unscathed.
Additionally Hunter Crane (Del ray Land Holdings, LLC) is responsible for all rail road crossing
clearings during any emergency situation and is responsible for any tree clearing that is required
throughout the city of Delray Beach.
Delray Land Holdings would like to continue doing business in Delray Beach as this
would not only benefit the company but the city as we employee many individuals who not only
live in the area but as they are employed and working in the area support neighborhood
business by spending money in the area and thereby support Delray Beach's tax base."
In the past, there has been a great deal of debate on the allowed uses and intensities that
should be allowed in the MIC zoning district. In 1997, the City Commission considered a text
amendment on the uses and buffering requirements allowed in the MIC district. At that time
there was a concern with the incompatibility and negative impact of certain uses in these areas.
It was felt that these uses were inhibiting the quality of development that the City sought in these
areas. As part of the greater philosophical debate, the City placed dimensional limitations on
light construction equipment and distance requirements (150') from arterial roads in order to
control aesthetic aspects of the storage component. It is noted that the majority of the MIC
zoning district is located along highly visible and the well traveled Congress Corridor.
Planning and Zoning Board Staff Report
LDR Text Amendment - Hunter Crane
Page 3
In accordance with direction by the Planning and Zoning Board, the applicant has submitted a
new text amendment, which would allow the storage of larger equipment but has mitigated it by
increasing the required setback to 250' setback from arterial roads (excluding Interstate 95).
The applicant has also included a provision of a 6'-high wall or hedge to buffer the property.
This provision includes a codicil that when the property is adjacent to a public building, school,
park or library a 6'-high hedge in lieu or in addition to a wall will be required. Staff recommends
this be modified to read that a 6'-high hedge in addition to the wall (rather than in lieu of) be
provided and adjacent residential properties be added. Further, that a perimeter buffer a
minimum of 10' with trees 25' on center be required around the storage area. The MIC zoned
properties that have frontage on an arterial road are located along Congress Avenue and Linton
Boulevard (see attached location map). The 250' setback would not prohibit the majority of
properties that have frontage along these roads from having the heavy construction equipment
outdoor storage component of the use. Under this criterion, establishment of such use would be
severely restricted to a limited space on the rear portions of these properties. It is noted that
there are numerous properties that have the MIC zoning designation which would not be
affected by this restriction since they are not located within 250' of an arterial road. The 250'
setback and 6'-high wall and hedge buffer should be sufficient to adequately screen the
establishment of such uses for those properties located on arterial roadways. As the use will be
allowed only as a conditional use, the City will have additional safeguards based on a site-by-
site basis to ensure compatibility on all other properties. During any conditional use request for
this site an appropriate condition will be that all equipment be stored in a down position (i.e. no
raised cranes will be allowed on site).
Pursuant to LOR Section 4.4.20(0)(6), "heavy equipment and tool rentaf' is allowed as a
conditional use in the Industrial zoning district. There are no restrictions on the dimensions of
heavy equipment and tool rental within the Industrial zoning district as proposed by the applicant
within the MIC zoning district. Since many of the industrial areas are isolated from general
public view, compatibility issues are diminished.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following objective is noted:
Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed text amendment will add the storage and rental of heavy construction equipment
to the MIC zoning district subject to setbacks and limits on equipment dimensions, and add
buffer requirements. The majority of the MIC zoned property in the City is located along
Congress Avenue, while some additional properties are located along Wallace Drive and Linton
Boulevard. When the MIC zoning district was modified in 1997 several uses were added as
conditional uses including lumberyards, parking garages and lots, storage and rental of light
construction equipment, monumental and ornamental stone cutting, and rental and sales of
Planning and Zoning Board Staff Report
LDR Text Amendment - Hunter Crane
Page 4
modular buildings. These uses were added to the MIC zoning district with the restriction that
any outdoor storage associated with these uses cannot be located within 150' of any property
line adjacent to an arterial roadway excluding Interstate 95. The 150' separation requirement
was added in response to a concern with respect to the aesthetics of such uses along the City's
major roadways. This requirement was included as a necessary buffer for 24'-long, 8'-wide, and
10'-high light construction equipment. The proposed 250'-setback and buffer requirements for
heavy construction equipment should be sufficient to mitigate the aesthetic impact of such uses
on the City's major roadways.
Pursuant to LOR Section 2.4.5(M}(5}, in addition to provisions of 1.1.6(A}, the City Commission
must make a finding that the text amendment is consistent and furthers the goals, objectives,
and policies of the Comprehensive Plan. Given the discussion above positive findings with
respect to this amendment can be made.
.--- ----. : ..-- ---.. -.- -~~~'Y~T~RŠ~~t.Jft-~':-~":~-;~-----" I
.-..-=-______.._...-........:.~::;.~'=-_"'_.4::..~_.:..,..:".."...,....,-.. ···:~·;,.;f;.·-:..:····· -,-----. .-.:-_.!..:' ......-- .." ~--- .~,
The proposed text amendment was not reviewed by the CRA (Community Redevelopment
Agency) or DOA (Downtown Development Authority) since the boundaries of these agencies do
not encompass MIC zoned property.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
0 PROD
0 President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
~-~~--- ~ _ M ~_ ~ ,
-: \ ?-¡ :-, ~ ;; " \J ~;: ~ i- ~ ~ ; \ ~,,~ ~ \ v~;1 ~ ~c¡ ,>' ~ ~; --:i ~ i; :5 ~ ' J
- - , ~0,- "-,,,-'" ~ ;<~~ -.£of ....~, ~~h~_"" ~=~ ,,--
In 1997 the City of Delray Beach included additional uses in the MIC zoning district and
established the appropriate separation of these uses from an arterial road. At that time the City
made a distinction between light construction equipment and heavy equipment, the latter an
allowed use in the Industrial zoning district. At the direction of the Planning and Zoning Board,
the applicant has revised the request to include the storage and rental of heavy equipment as a
conditional use in the MIC zoning district. The proposed 250' setback, 6'-high buffer
requirements, landscape buffer and perimeter trees should be sufficient to adequately mitigate
the impact of these uses within the City. Based on the analysis in the staff report the required
findings of LOR section 2.4.5(M)(5) can be made.
-- . - , - ,-~" ;I-~""-='" '" ~~ '''''ec ~~='i'~>" "" W' T~ ,,=>q- ~ "7
~~~....~~ ~~'""';'¥'\.~"'- ~-.,~";¡..~~~~.,> "'^ ,. k ~, "'tø'~>¿ ~ + '
" '';;'-~'-'.~'-'--- .-'
ok fi~ ~%
A. Postpone with direction_
Planning and Zoning Board Staff Report
LOR Text Amendment - Hunter Crane
Page 5
B. Move a recommendation of approval to the City Commission for the text amendment to
LOR Section 4.4.19(0)(2)(g) to add the storage and rental of heavy construction
equipment not over 100'-long, 14'-wide, and 15'-high as a conditional use in the MIC
zoning district by adopting the findings of fact and law contained in the Staff Report and
finding that the request is consistent with the Comprehensive Plan and meets the criteria
set forth in LOR Section 2.4.5(M)(5).
C. Move a recommendation to the City Commission to deny the request for approval of the
text amendment to LOR Section 4.4.19(0)(2)(g) to add the storage and rental of heavy
construction equipment not over 100'-long, 14'-wide, and 15'-high as a conditional use in
the MIC zoning district by adopting the findings of fact and law contained in the Staff
Report and finding that the request is inconsistent with the Comprehensive Plan and
does not meet the criteria set forth in LOR Section 2.4.5(M)(5).
__~. _~:_.~.~.~~~~~~~1!~.1
Move a recommendation of approval to the City Commission for the text amendment to LOR
Section 4.4.19(0)(2)(g) to add the storage and rental of heavy construction equipment not over
100'-long, 14'-wide, and 15'-high as a conditional use in the MIC zoning district by adopting the
findings of fact and law contained in the Staff Report and finding that the request is consistent
with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5).
Attachments:
. Applicanfs Proposed Amendment
. MIC Location Map
Staff Report Prepared by: Scott Pape. Senior Planner
Planning and Zoning Board Staff Report
LOR Text Amendment - Hunter Crane
Page 6
Proposed Text Amendment to MIC Zoning District
(2) The following additional uses are also allowed as conditional uses in the MIC zoning
district. However, any outside storage associated with such uses may not be located within one
hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding
Interstate 95); [Amd. Ord. 33-979/23/97]
(a) Lumberyards; [Amd. Ord. 33-97 9/23/97]
(b) Garages and lots for the parking and storage of vehicles, including the storage
of light trucks, up to and including two-ton trucks; [Amd. Ord. 33-97 9/23/97]
(c) Storage and rental of light construction equipment not over twenty-four feet
(24') long, eight feet (8') wide, and ten feet (10') high; [Amd. Ord. 33-97
9/23/97]
(d) Monument and ornamental stone cutting; [Amd. Ord. 33-979/23/97]
(e) Rental and sales of modular buildings; [Amd. Ord. 33-97 9/23/97]; [Amd.Ord.
4-91 1/29/91]
ill Towing services, with outside storage. [Amd. Ord. 11/16/99]
(Q) StoraQe and rental of construction equipment not over one hundred feet (100')
lonq, fourteen feet (14') wide, and fifteen feet (15') hiQh provided that each of
the followinQ requirements are met:
i. Anv outside storaqe associated with such use may not be located
within two hundred fifty feet (250') of any property line adjacent to an
arterial roadway (excludinq Interstate 95) and;
ii. The property is buffered bv a minimum six foot (6') wall or minimum six
foot (6') hedQe. However. if the property is surrounded bv a public
buildinQ, school. park. librarv. or residential area at the time of
conditional use approval. a minimum six foot (6') hedQe in lieu of or in
addition to a wall shall be required.
iii. Provision of a 10' minimum landscape buffer with trees planted 25' on
center around the perimeter of the storaQe area.
,~ lDR tEXT ......ENDMENT
J'P.~VATELY INlTlATED VY ca-lSmUCtlON £OUWUENT
~~~ ~~';~t1ON-
THE 'ISO' SEffiACI< REStRlCtlDN
IZl UIC AAf.A 'M1HIN
I!IIIWlCARf.A ,- . I' II
.'." 'I 1-=
, E:,~li :¡~\: .~
-:;,! I' t r-
~ 0: .! I· III t --
1 . ...
- "j. I 'I';
I ::- I' 1 I' :=
. I ~ T-·:·: i.: =
I, ....:..
,-', ï."¡. .c"~= i "
. I I I '" .
, ,',1 ~ I· ~ I. "
,"'I II !~'~.'
, -... I
' . I
I ": _
I II' ~ li~~
, I ,__.N
- -. lii:;:<
"I "I""! · i:;,,~
I I I I ..'
, .'
- III', III ,r." II ..
~ .,
J _. ~ __
.. :'" "'I
- :',. _I
... : ~ ; ~
. -
....... ......
- ....... ..
- / .
,.",..-rõ;l,,~ ~ ..:.~.=_
EhootiL I'" -~
Wjjï . .". "__ !
II ;. .
. .' / .~. ==1. ";;.:;;;-';
I ~,/ .,1' ~'-'-'~--"i
I·'" ..... r---
.......................... ,.~
-= M-=-i" ¡. : I ..
--i--·· -!': . ._~
........~..... .~...
. I. ....-;::-
~_._. :.
r ~..--
~ ',I ~
" ...-
-
- i
-
1~·<
;;õ"o!.... -
-~ '=1
~~"
v ~_::~_ P
.- :...--------- ---
~/- -- _~______ ,t'
CC', C MD (tt..M Vl£......
CITY OF DELRAY BEACH
~ '~cL NOTICE OF PROPOSED AMENDMENT TO
.MbJJ THE LAND DEVELOPMENT REGULATIONS
uY\ BY AMENDING SECTION 4.4.19, "MIXED
fVlÒÍi\d~YI AUF1,Jcos INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT", SUBSECTION 4.4.19(D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED", TO ADD THE STORAGE AND
RENTAL OF HEAVY EQUIPMENT AS A
CONDITIONAL USE IN THE MIC
ZONING DISTRICT .
The City Commission of the City of Delray Beach, Florida, pro-
poses to adopt the following ordinance
ORDINANCE NO. 61 -05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD
THE STORAGE AND RENTAL OF HEAVY EQUIPMENT AS A
CONDITIONAL USE IN THE MIC ZONING DISTRICT; PROVID-
ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony re~ardinå the proposed
ordinance. The First Public Hearin~ will e her on TUESDAY,
AUGUST 2, 2005, AT 7:00 P.M. in e Commission Chambers at
City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida. If the
proposed ordinance is passed on First reading, a second Public
Hearing will be held on TUESDAY, AUGUST 16, 2005, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission) in the Commission Chambers at City Hall, 100
N.W. 1 st Avenue, Delray Beach, Florida.
All interested citizens are invited to attend the public hearings
and comment upon the ~oposed ordinance or submit their com-
ments in writing on or fore the date of these hearings to the
Planning and Zoning Department. For further informatidn or to
obtain a cor:¡ of the proposed ordinance, }¡Iease contact the
Planning an Zonin~ Deportment, City Ha I, 100 N.W. 1st
Avenue, Delroy Beac , Florida 33444 (email at pzmail@mydel-
raybeach.com) 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
ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE 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
Chevelle D. Nubin
City Clerk
PUBUSH: Published: Boca Raton/Delray Beach News
Frid~, July 22, 2005
Mon ay, August 8, 2005
Ad#NS070550 1
e c . &rc>JtUtYl.e.-
www.bocanewS COOl . Boca RallJnl()elray Beach News - friday, July 22, 2005 9
CITY OF DURAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS·
BY AMENDING SEalON 4.4.19, "MIXED
INDUSTRIAL AND COMMERCIAL (MIC)
DISTRIIT·, SUBSEalON 4.4.19(D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED··, TO ADD THE STORAGE AND
RENTAL OF HEAVY EQUIPMENT AS A
CONDITIONAL USE IN THE MIC
I ZONING DISTRla
The City CommissIon of the City of Delray Beach, Florida, pro-
poses 10 adopt the following ordinance:
ORDINANCE NO. 61-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE Of ORDINANCES, BY
AMENDING SECTION 4.4 19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC} DISTRla", SUBSECTION 4..4.l9(DJ,
"CONDmONAl USES AND STRUCTURES AllOWED", TO ADD
THE STORAGE AND RENTAL OF HEAVY EQUIPMENT AS A
CONDITIONAL USE IN THE MIC ZONING DISTRICT; PROVID-
ING A SAVING CLAUSE, A GENERAL REPEAlER CLAUSE, AND
AN EFFECTIVE DATE.
The City Commission will condud two (2) Public Hearings for the
purpose of accepting public testimony õtrd::Jå the proposed
ordinance The first Public Hearin~ will h on TUESDAY,
AUGUST 2, 2005, AT 7.00 P.M. in e Commission Chambers at
City Hall, lOON W. 1 st Avenue, Delray Beach, Florida. If the
proposed ordinance is passed on first reading, a seCond Public
Hearing will be held on TUESDAY, AUGUST 16, 2005, AT 7 00
PM. (or at any continuation of such meeting which IS set by the
Commission) in the Commission Chambers at City Hall, 100
N W 1 st Avenue, Delray Beach, Florida
All interested cihzens are invited 10 attend the public heoñngs
and comment upan the ¡:oposed ordinance or submit their com-
ments in writing on or fore the date of these heañngs 10 the
Planning and Zoning Department. For further information or 10
obloin a cor¡ of the proposed ordinance, filease conlod the
Planning an Zonin~ Department, City Ha I, 100 N.W. 1 st
Avenue, Delroy Beac , Florida 33444 (email at pzmail@mydel-
raybeach com) 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
ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATIER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVI~NCE UPON
WHICH THE APPEAl IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO FS.
286.0105.
crw OF DELRAY BEACH
Chevelle D Nubin
City clerk
PUBUSH: Published: Boca Ralon/Delray Beach News
Fri~uly 22, 2005
it Men , August 8, 2005
Ad#NS0705501