06-87 ORDINANCE NO. 6-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
30, "ZONING", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SECTION 30-15.2, "PCC PLANNED
COMMERCE CENTER DISTRICT", AND ENACTING A NEW
SECTION 30-15.2, "PCC, PLANNED COMMERCE
CENTER DISTRICT", WHICH PROVIDES (A)
"PURPOSE"; (B) "DEFINITION"; (C) "DEVELOPMENT
APPROVAL PROCESS"; (D) "GENERAL USE AREAS AND
PERMITTED USES"; (E) "SITE AREA AND LOT
DIMENSIONS"; ( F ) "BUILDING SETBACKS"; ( G )
"GROUND FLOOR BUILDING AREA"; (H) "TOTAL
FLOOR AREA"; (I) "BUILDING HEIGHT"; (J)
"PARKING AND LOADING"; (K) "DISTRICT BOUNDARY
LINES"; (L) "LANDSCAPING AND OPEN SPACE"; (M)
"SIGNS"; (N) "SPECIAL REGULATIONS"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30 "Zoning", Section
30-15.2 "PCC Planned Commerce Center District" of the Code of
Ordinances of the City of Delra¥ Beach, Florida, is hereby
repealed, and a new Section 30-15.2 "PCC Planned Commerce Center
District" is hereby enacted to read as follows:
Sec. 30-15.2 PCC PLANNED COMMERCE CENTER DISTRICT
(A) PURPOSE
The PCC District' is intended to encourage the
development of a mixed use business park in a master
planned environment. The PCC District is intended to
offer a wide range of uses including office, research
and development, light industrial, assembly,
office/service, support retail activities. The Planned
Commerce Center will offer a wide range of employment
opportunities and will be developed in an attractive,
campus-like atmosphere. The establishment of flexible
design standards will promote innovative planning in
addressing a site's characteristics. At the same time,
the City will be assured of an optimum development by
the control it exercises through Site and Development
Plan and Community Appearance Board Approval.
(B) DEFINITION
A Planned Commerce Center shall be defined as follows:
(1) A PCC is land under unified control, planned and
constructed as a Whole in a single development, or
in an approved programmed series of development
phases for buildings, related uses and facilities.
Ail land included for the purpose of development
within the PCC District shall be under the control
of the applicant (an individual, partnership,
joint venture or corporation; or group of
individuals, partnerships or corporations). The
applicant shall present legal documents acceptable
to the City Attorney to constitute evidence of the
unified control of the entire area within the
proposed PCC.
(2) A PCC shall include a program for full provision,
maintenance and operation of such areas,
improvements, facilities and services for common
use by the occupants of the planned commerce
center, which will not be provided, operated or
maintained at public expense. Applicant shall
provide agreements, contracts, covenants, deed
restrictions and/or sureties acceptable to the
city for continuing operation and maintenance of
such areas, functions and facilities which will
not be provided, operated or maintained at public
expense.
(3) Applicant shall bind their successors in title to
any commitments made under this section.
(C) DEVELOPMENT APPROVAL PROCESS
(1) A Master Plan may be submitted concurrently with a
rezoning application. The Master Plan shall be
defined as the general development plan for the
Planned Commerce Center District. It shall
include: designation and location of the General
Use areas as defined in Section 30-15.2(D); the
location and acreage of individual lots or tracts;
general traffic circulation illustrating points of
ingress and egress to and from the Planned
Commerce Center and the adjacent public road
network; internal private roads and driveways; and
such tabular data as may be required by the
Planning and Zoning Department to determine that
the restrictions of this District shall be met.
Figure 1 illustrates a typical Master Plan.
(2) When a Master Plan is submitted concurrently with
a rezoning application, all subsequent Site and
Development Plans submitted in accordance with
Section 30-22 shall be consistent with the
approved Master Plan.
(3) A modification of an approved Master Plan may be
requested by the applicant when any phase of the
Planned Commerce Center District submitted as part
of the Section 30-22 Site and Development Plan
approval deviates from the Master Plan in terms of
location, total floor area, or acreage of proposed
uses. The procedure to be followed in applying
for a modification of the approved Master Plan and
the standards to be applied in reviewing any such
request shall be the same as for a modification of
approved Site and Development Plan, Section
30-22(F).
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(4) In lieu of submitting a Master Plan as provided
above, the applicant shall submit a detailed and
comprehensive set of plans in accordance with
Section 30-22, Site and Development Plan approval
at the time of rezoning. In the absence of an
approved Master Plan, conditional use approval
shall also be required in accordance with Section
30-21 prior to issuance of any occupational
licenses.
(D) GENERAL USE AREAS AND PERMITTED USES
Four general use areas may be designated within the
property as part of a Master Plan approved pursuant to
Section 30-15.2(D) below. The four general use areas
include: (1) pure office; (2) light industrial/ as
specified below, assembly/research and development; (3)
office/service; (4) commercial node. The Master Plan
and the Site Development Plan shall adhere to the
special requirements contained herein.
(1) Pure Office Area - A pure office use area may be
designated as part of the Master Plan and the
floor area within the designated pure office area
shall not exceed fifty (50) percent of the total
floor area within the entire Planned Commerce
Center. The Master Plan shall also specifically
designate those areas to be used for low rise
office (one or two floors) and mid-rise office
(three or more floors).
The following shall be the only permitted uses
within the designated pure office area:
Banks and other financial institutions.
Business, governmental and other professional
offices
Lunch counters, cafeterias for occupants and
employees and their guests, as an accessory
use
Research and laboratory uses, including
experimental and testing operations
Classrooms and training facilities for
occupants, employees, trainees and their
clients or customers as an accessory use.
(lA) Incidental Support Uses - The Pure Office Area
The uses specified in this section shall be
designated permitted Incidental Support Uses to
the Pure Office Area. Such uses must be contained
within an office building(s) in the Pure Office
Area. Incidental support uses are prohibited in a
free standing building in the Pure Office Area.
The total floor area of such incidental support
uses shall not exceed ten percent of the total
floor area of an office building. Total floor
area of all retail and commercial uses within the
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commercial node and Incidental Support Uses within
the Pure Office Area shall not exceed ten (10)
percent of the total floor area of the Planned
commerce Center, with a maximum of 30,000 square
feet of floor area.
The location and floor area of such Incidental
Support Uses shall be designated either on the
Master Plan or by supplementary plans as directed
by the Planning Director.
The following use shall be designated Incidental
Support uses: all permitted uses in the
commercial node Section 30-15.2(D)(4).
(2) Light Industrial/Assembly/Research and Development
.Area - A light industrial, assembly, and research
and development area may be designated as part of
the Master Plan. A minimum floor area shall be
required in this designated use area of not less
than 5,000 square feet of floor area per tenant.
The following shall be the only permitted uses
within this designated use area:
(1) Appliance manufacturing
(2) Assembly of mechanical parts
(3) Ceramic manufacturing and plaster
casting
(4) Computer chip and computer
equipment manufacture, including
software
(5) Cold storage
(6') Confectionaries, wholesale,
large-scale preparation
(7) Cosmetic manufacturing
(8) Dry ice manufacturing
(9) Electronic equipment manufacturing
(10) Engraving
(11) Frozen food lockers
(12) Furniture manufacturing
(13) Glass manufacturing
(14) Leather goods manufacturing
(15) Machine shoDs
(16) Metal fabrication
- 4 - Ord. No. 6-87
(17) Motion picture studios
(18) Pharmaceutical products
manufacturing
(19) Precision instruments and optics
manufacturing
(20) Printing
(21) Publishing
(22) Recording studios
(23) Scientific research laboraturies
and facilities, including product
development and testing
(24) Sign painting and manufacturing
(25) Textiles and clothing manufacturing
(26) Toy manufacturing
(27) Upholstery shops, furniture repair
(28) Wood working
Lunch counters or cafeterias for occupants
employees, and their guests, as an accessory
use
Research and development uses, including
experimental and testing laboratories,
manufacture, assemblage and fabrication
Warehousing and storage when accessory and
subsidiary to the primary use
Classroom and training facilities for
employees, trainees and their customers as an
accessory use
Business offices, accessory to the primary
light industrial, assembly, and research and
development uses
(3) Office/Service Area - An office/service area may
be designated as part of the Master Plan and shall
not exceed fifteen (15) percent of the total floor
area within the entire Planned Commerce Center.
An office/service area containing a total maximum
floor area of (25) percent of the total floor area
within the entire Planned Commerce Center may be
permitted, where no "pure" office and commercial
node use areas have been designated on the Master
Plan. A minimum tenant occupancy of not less than
1,000 square feet of floor area shall be required.
The office portion of the office/service area
shall contain not less than ten (10) percent nor
more than eighty (80) percent of the total gross
floor area per unit within a principal building in
the designated office/service area.
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The following shall be the only permitted uses
within the designated office/service area:
Manufacturing
Printing and publishing
Office and computing machines
Electronic components and accessories
Engineering and scientific instruments
Measuring and controlling devices
Optical instruments
Medical instruments and supplies
Toys and sporting goods
Furniture and fixtures
Greeting card publishing
Apparel
Radio, T.V., video, other receiving equipment
Wholesale Trade
Photographic equipment and supplies
Electronic parts and supplies
Paper and paper products
Professional equipment and supplies
Apparel
Piece goods and notions
Drugs, proprietaries and sundries
Electrical goods
Furniture and fixtures
Jewelry, watches, and precious stones
Sporting goods, toys, and hobby goods
Hardware, indoor storage only
Plumbing, indoor storage only
Heating, indoor storage only
Business Services
Blueprinting and photocopying
Direct mail advertising services
Stenographic and reproduction services
Building maintenance services, excluding
exterminating
News syndicates
Computer and data processing services
Research and development laboratories
Detective and protective services
Commercial testing laboratories
Photofinishing laboratories
Rental, leasing and financing of office and
computing equipment
Facilities management services
Interior designing
Packaging and labeling services
Telephone answering services
Personnel supply services
Messenger and overnight delivery services
Repair Services
Office and computing equipment
Measuring and scientific instruments
Educational and Social Services Data processing schools
Business and secretarial schools
Vocational schools limited to office and
computing equipment service
Child day care, subject to Section 30-17(M)
- 6 - Ord. No. 6-87
Professional Services
Land surveying services
Engineering and surveying firm
Communications
Business offices, in combination with
repair services or research and
development, testing
Telephone companies - sales
Cable T.V. companies - sales
Other telecommunications companies - sales
Construction Special trade
Contractors - offices and auxiliary uses such
as storage and service of equipment
provided such storage and service is
performed in principal and enclosed
building in the office/service area
Operational builders - offices and auxiliary
uses such as storage and service of
equipment provided such storage and service
is performed in an enclosed principal
building in the office/service area
The following shall be permitted as an accessory
use in the office/service area:
Lunch counters, snack bars, and vending machine
areas for occupants, employees and their guests
(4) Commercial Node - A commercial node area may be
designated as part of the Master Plan and the
total floor area of the designated commercial node
shall not exceed ten (10) percent of the total
floor area of the Planned Commerce Center, with a
maximum floor area not to exceed thirty thousand
(30,000) square feet. The commercial node area
shall be located in such a manner where direct
access from an arterial or collector street as
delineated in the Traffic Circulation Element of
the Comprehensive Plan shall be prohibited. All
access to the designated commercial node area
shall be from internal streets or driveways.
The uses permitted in the commercial node shall be
limited to the following commercial uses:
Barbershop
Beauty shops
Bookstores
Business machines, including service
Child day care, subject to Section 30-17(M)
Dry cleaning, limited to 1,500 square feet,
customer pick-up only
Exercise facilities
Financial institutions, including drive-in
facilities
Florists
Gift shops
Hobby Shop
Ice cream parlors
Newsstands
Pharmacy
- 7 - Ord. No. 6-87
Photographic equipment and supplies
Restaurants
Specialty food shops
Sporting goods
Office supplies, excluding furniture sales
Tailoring
Tobacconist
(E) SITE AREA AND LOT DIMENSIONS
The minimum size parcel for development of land zoned
PCC shall be ten (10) acres. The minimum lot size
within the pure office area and light
industrial/assembly/research and development area shall
not be less than two (2) acres. The minimum lot size
in the office/service area shall not be less than one
(1) acre. The minimum lot size in the commercial node
shall not be less than half (0.5) an acre.
It is the intent of this section that a parcel zoned
PCC be under unified control and be not less than ten
(10) acres in size, that said parcel be planned and
constructed as a whole, or that it be planned as a
whole and constructed in approved phases, each phase
consisting of not less than one (1) lot, and each lot
consisting of not less than the minimum area stated
above.
(F) BUILDING SETBACKS
(1) Perimeter Greenbelt - The project area shall be
enclosed on all sides by a landscaped buffer,
conterminous with the perimeter boundary, having a
minimum width of twenty-five (25) feet or thirty
(30) feet adjacent to any collector or arterial
street. When such property directly abuts a
residential zoning district, such greenbelt shall
have a minimum width of forty (40) feet; except,
however, when a PCC District is separated from a
residential zoning district by a street, alley,
railroad, waterway, park, or other open space not
intended for residential development, the
peripheral greenbelt shall have a minimum width of
twenty-five (25) feet. No building, parking,
perimeter roadways, or other paving shall be
permitted in the peripheral greenbelt except for
approved access streets, bicycle paths, sidewalks,
and jogging trails. Such access streets and
sidewalks shall be only those needed to provide
entry to external traffic and shall be generally
perpendicular to said greenbelt.
(2) Minimum building setbacks and landscape areas
along interior roads and lot lines shall be
determined at the time of Site and Development
Plan approval.
(G) GROUND FLOOR BUILDING AREA
The total ground floor building area of all buildings
and structures shall not exceed fifty (50%) percent of
the total area of an individual lot.
(H) TOTAL FLOOR AREA
No requirement except as provided in Section
30-15.2(D).
- 8 - Ord. No. 6-87
(I) BUILDING HEIGHT
No building or structure shall be constructed which
exceeds four (4) floors, nor to a height exceeding
forty-five (45) feet. Provided, however, that where it
is demonstrated that the nature of the use requires
greater than normal space between floors, the building
or structure may be constructed to four floors and
sixty (60) feet, when approved as a conditional use
(see Section 30-21).
(J) PARKING AND LOADING
See Section 30-18 and Section 30-19
(K) DISTRICT BOUNDARY LINES
The requirements of Section 30-15.2(H) supersede the
district boundary regulations of Section 30-17(J) for
the PCC District.
(L) LANDSCAPING AND OPEN SPACE
(1) Twenty-five (25%) percent of the total site area
shall be in non-vehicular open space and shall be
landscaped pursuant to the requirements and
procedures of Chapter 9, Article X of the Code of
Ordinances. A detailed landscaping plan shall be
prepared showing location, type, and size of the
plantings and shall be submitted for review and
approval by the Community Appearance Board.
(2) All privately owned common open space shall
conform to its intended use and remain as
expressed in the Site Development Plan through the
inclusion in all deeds or appropriate covenants.
Said deed restrictions shall run with the land and
be for the benefit of present as well as future
property owners.
(M) SIGNS
The requirements of Chapter 9, Article VIII, Section
9-210(I) shall regulate the provision of signs in the
PCC District.
(N) SPECIAL REGULATIONS
(1) Commercial activity shall not be permitted on any
lot within the commercial node area until
certificates of occupancy have been issued for no
less than fifteen (15%) percent of the square
footage approved for other permitted uses for the
entire Planned Commerce Center. For the purposes
of this section, commercial activity shall be
construed to be those uses listed at Section
30-15.2(D)(4) and conditional uses permitted in
the commercial node. However, applicants may
request a waiver from this provision provided that
any impact fees required of the commercial node be
calculated at 100% of the trip generation for such
node with no reduction for internalized traffic.
(2) Underground utilities. Within the Planned
Commerce Center, all utilities including
- 9 - Ord. No. 6-87
telephone, television cable, and electrical
systems shall be installed underground. Primary
facilities providing service to the site may be
exempted from this requirement by the Planning and
Zoning Board.
Appurtenances to these systems which require above
ground installation shall be effectively screened,
and may also be exempted from this requirement by
the Planning and Zoning Board.
(3) Minimum distance between buildings. The minimum
distance between buildings shall be twenty-five
(25) feet.
(4) Large trucks in excess of one (1) ton carrying
capacity shall be parked in rear or side
(interior) yards and shall be screened from view
from adjacent properties or any public
rights-of-way in accordance with Section 30-20.
Industrial equipment (including bulldozers,
cranes, drag lines, derricks, tractors, and other
implements for moving equipment or construction)
shall be stored within ~ully enclosed buildings
~overnight or when not in use, or shall be screened
from view from adjacent properties or any public
rights-of-way according to requirements which may
be specified by the Planning and Zoning Board and
the Community Appearance Board.
(5) Loading and unloading shall be accommodated in the
side (interior) or rear yard areas. Loading areas
shall be located and screened so as to minimize
the visibility from adjacent properties or any
public rights-of-way.
(6) Overhead garage doors are prohibited from facing a
public right of way.
(7) The designated light industrial/assembly/research
and development area and office/service area shall
not directly abut a residentially zoned district.
(8) It is the intent of this section to establish
minimum standards of development that may be
approved within the PCC District. In recommending
approval of the rezoning, Master Plan, or Site and
Development Plan for a particular Planned Commerce
Center, the Planning and Zoning Board may
recommend, and the City Council may attach,
suitable conditions, safeguards, and stipulations
to address the specific characteristics of the
site and impacts from the proposed development.
After approval has been received from City
Council, all subsequent submissions for permits
shall conform in every respect with the approval.
Section 2. 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 3. That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby
repealed.
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Section 4. That this ordinance shall be come
effective ten days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 10th day of February .. , 1987.
MAYOR
ATTEST:
Cit~lerk
First Reading January 27, 1987
Second Reading February 10, 1987
- 11 - Ord. No. 6-87
~ FIGURE ],
OFFICE~
LIGHT INDUSTRIAL/A55EMBI.,Y~,~ ~'~I
PLANNED COMMERCE CENTER ZONING DISTRICT
THE UPSCALE PARK OF COMMERCE