Ord 12-00ORDINANCE NO. 12-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING CHAPTER FOUR, "ZONING REGUI~TIONS",
SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC)
DISTRICT", SUBSECTION 4.4.1803), ".A I .I .OWED USES",
SUBPARAGRAPH 4.4.18(13)(4), "SERVICE INDUSTRY", BY ADDING
'LIMOUSINE SERVICES WITH NO VEHICLE REPAIR OR
DETAILING ON THE PREMISES' AS A PERMITTED USE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on May 22, 2000, and voted
unanimously to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Phnning 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.18, ''Planned
Commerce Center (PCC) District", Subsection 4.4.1803), "Allowed Uses", Subparagraph
4.4.1803)(4), "Serv/ce Industry", of the Land Development Regulations of the City of Delray Beach,
be and the same is hereby amended to read as follows:
Section 4.4.18 Planned Commerce Center 0aCC) District
(B) Allowed Uses
(4) Service Industry: Service Industry uses are those which are primarily engaged
in providing an off-site service but which maintain inventory, storage of materials, and a business
office at a central location. 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
..... c ......... ,~e0/_x _c ,.t .....~ ~__a. ..... c 4..,-. 'ncc All p f th b
...... ~ ~"- t' ...... t .... / ..................... as ects o ese uses must e
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(I3)(2) when such
use is limited to no more than 5,000 square feet per tenant.
Land Development Services (e.g. surveying, soil testing, mapping, architectural,
Contractor and Trade Services (e.g. general contractor, electrician, plumbers,
heating and air conditioning specialists, swimming pool maintenance,
landscaping services, exterminators, equipment and tool rental).
Repair of office equipment (e.g. typewriters, computers, data processing
equipment).
Business Services (e.g.
office equipment and
processing services).
photocopying/printing, photofinishing, provision of
furnishings, delivery services, computer and data
Limousine services with no vehicle repair or detailing on the premises.
Limited Retail Trade only as a secondary use within any one 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 (25%) 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 MDP. Such
retail use may involve the sale of products associated with an estabhshed service
industry use or may involve any of the following products:
· apparel and accessories
· appliances
· baked goods
· building materials and garden supplies
· camera and photographic equipment and supplies
· furniture and home furnishings
· hobbies, games, toys
· jewelry, gifts, novelties
· luggage and leather goods
· radio, television and communication products
· sporting goods
- 2 - Ord. No. 12-00
Section 2. That should any section or provision of this ordinance or any portion
thereof, any pax&graph, 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 axe hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regvlar session on second and final reading on this
20th day of June ,2000.
ATTEST:
- - city d&k ---J '
MAYOR
First Reading June 6, 2 0 0 0
Second Reading June 2 0, 2 0 0 0
-3-
Ord. No. 12-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ]0/~ - REGULAR MEETING OF JUNE 20, 2000
ORDINANCE NO. 12-00 (LIMOUSINE SERVICES IN THE
DISTRICT)
DATE: JUNE 16, 2000
PCC
This is second reading and the second public hearing for Ordinance No. 12-00 which amends LDR
Section 4.4.1803)(4) to allow limousine sermces as a permitted use m the PCC (Planned Commerce
Center) zoning district.
The Service Industry land use of the PCC zoning district allows uses which are primarily engaged m
providing an off-site sermce but whtch maintain inventory, storage of materials, and a business office
at a central location. The proposed text amendment has been requested in order to estabhsh a
limousine service at 1445 North Congress Avenue (All Points Limousine Service). The property
contains a 16,146 sq.ft, industrial building with storefronts facing Congress Avenue and overhead
doors facing east OVastewater Treatment Plant). All Points Limousine Serv/ce will occupy a 1,000
sq.ft, bay w~thin the building. The operaUon ~s described as follows:
The customers call this central location for service. The vehMes are di¢atched via cell phone from this offce to the
dffver's home or to a driver with a job in progress. The vehicles are parked at the driver's home mghtl_y, with the
excq)tion of the stretch limousine that is stored in the bay. There will be no outside vehicle storage, vehicle repairs, nor
detailing,/washzngfaalities at the central location.
Limousine services are primarily engaged in providing off-site service from a central office. The
proposed text amendment will not allow any vehicle repair or detailing on the premises. The Service
Industry currently perrmts the overnight storage of vehicles provided they are screened from view of
adjacent properties or public rights-of-way in a manner approved by the Site Plan Review and
Appearance Board.
The Planning and Zoning Board considered the text amendment at a public hearing on May 22, 2000,
and voted unanimously to recommend that ~t be approved. At first reading on June 6th, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 12-99 on second and final reading.
RefiAgmemo21.Ord.12-00.Limousine Services PCC D~strict
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~~_.~ ~v~,.
DIANE DOMINGUEZ, DIRECTOR OF PLANNING-A~
~ l~ ~l~y
: i: :
CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4. t8(B)(4)
REGARDING LIMOUSINE SERVICES IN THE PCC (PLANNED COMMERCE
CENTER) ZONING DISTRICT
The Service Industry land use of the PCC zoning district allows uses 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. An amendment to the Service Industry land use of the
PCC zone district regulations has been requested to establish a Limousine Service at 1445 N.
Congress Avenue (All Points Limousine Service). The property contains a 16,146 sq.ft.
industrial building with store fronts facing Congress Avenue and overhead doom facing east
(Wastewater Treatment Plant). All Points Limousine Service will occupy a 1,000 sq.ff, bay (Bay
7). The operation is described as follows:
The customers call this central location for service. The vehicles are dispatched via cell phone
from this office to the driver's home or to a driver with a job in progress. The vehicles are
parked at the driver's home nightly, with the exception of the stretch limousine that is stored in
the bay. There will be no outside vehicle storage, vehicle repairs, nor detailing/washing facilities
at the central location.
Limousine services are primarily engaged in providing off-site service from a central office. The
proposed text amendment will not allow any vehicle repair or detailing on the premises. The
Service Industry currently 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 Board. Additional background and an analysis of the request are found
in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of May
22, 2000. There was no public testimony regarding the request. After discussing the
amendment, the Board voted 6-0 (Bird absent) to recommend to the City Commission that LDR
Sections 4.4.18(B)(4) of the PCC zoning district be amended to allow limousine services.
By motion, approve on first reading a text amendment to LDR Section 4.4.18(B)(4) to allow
limousine services as a permitted use in the PCC zoning district.
Attachments:OrdinanceP&Z Star Report and Documentation of May 22, 2000by Others
/o. C..
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
AGENDA ITEM:
MAY 22, 2000
IV.G. AMENDMENT TO LDR SECTION 4.4.18(B)(4)
REGARDING LIMOUSINE SERVICES IN THE PCC
(PLANNED COMMERCE CENTER) ZONING DISTRICT
~'~"ITEM BEFORETHE'BOARD '~ '~" ~
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.18(B)(4) Planned Commerce Center
(PCC) zoning district, Allowed Uses, Service Industry, to add "Limousine services with
no vehicle repair or detailing on the premises" as a permitted use, pursuant to LDR
Section 2.4.5(M).
Pursuant to LDR 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.
, ,~,, ,, ,, BACKGROUND~:~,,,
Prior to 1989, limousine services were listed only as an accessory use to a full service
automobile dealership. On October 16, 1989, a request for a determination of similarity
of use was approved to allow a limousine service in the LI (Light Industrial) zone district.
The Planning and Zoning Board determined that the use was similar to auto repair
facilities as it involved maintenance and detailing of the vehicles.
With the adoption of the Land Development Regulations in 1990, limousine services
were added as a permitted use in the MIC (Mixed Industrial and Commercial) and the I
(Industrial) zoning districts, and as a conditional use in the AC (Automotive Commercial)
zoning district. The LI zoning district has been significantly modified and no longer
allows the use.
In 1997, an amendment to the MIC zoning district regulations was approved which
changed auto repair, paint body and repair shops from a permitted use to a conditional
use. Limousine services are considered a conditional use in the MIC if they include
vehicle repair and detailing.
[ PROPOSED~LDRTEXT AMENDMENT iDEVELOPMENTPROPOSAI~~' ?1
An amendment to the PCC zone district regulations has been requested to establish a
Limousine Service at 1445 N. Congress Avenue (All Points Limousine Service). The
property contains a 18,146 sq.ft, industrial building with store fronts facing Congress
Avenue and overhead doors facing east (Wastewater Treatment Plant). All Points
Limousine Service will occupy a 1,000 sq.ft, bay (Bay 7). The operation is described as
follows:
Planning & Zoning Board Staff Report
Limousine Services in the PCC Zone District- LDR Text Amendment
Page 2
The customers call this central location for service. The vehicles are dispatched via cell
phone from this office to the drive?s home or to a driver with a job in progress. The
vehicles are parked at the driver's home nightly, with the exception of the stretch
limousine that is stored in the bay. There will be no outside vehicle storage, vehicle
repairs, nor detailing/washing facilities at the central location.
LDR Section 2.4.5(M)(5) (Findings): 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 zone 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.
LDR Section 4.4.18(B)(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 ovemight storage of vehicles used by the business."
Limousine services are primarily engaged in providing off-site service from a central
office. The proposed text amendment will not allow any vehicle repair or detailing on
the premises. The Service Industry currently 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 Board.
In addition to listing the use, some minor changes are proposed to the "Service
Industry" description referenced above for clarification purposes.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there
are no applicable goals, objectives or policies noted. While the amendment does not
specifically further the Goals, Objectives and Policies of the Comprehensive Plan, it is
not inconsistent with them.
Planning & Zomng Board Staff Report
L~mousine Services in the PCC Zone District - LDR Text Amendment
Page 3
REVIEW~ BY OTHERS'
The proposal is not in a geographical area requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic
Preservation Board).
Courtesy Notices:
A special courtesy notice was provided to the following civic and
associations:
· Chatelaine · Rainberry Bay
· High Point Section I · Rainberry Lake
· Greensward Village · Villas of Rainberry Lake
· Hanover Square · Sherwood Forest
· The Hamlet · The Sudan
· Pines of Delray North · Windycreek
· President's Council · Woodlake
· Progressive Residents of Delray (PROD) ·
homeowner's
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
By motion, recommend to the City Commission that LDR Section 4.4.18(B)(4) Planned
Commerce Center (PCC) zoning district, Allowed Uses, Service Industry, to add
"Limousine services with no vehic/e repair or detailing on the premises" as a permitted
use, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text
amendment is not inconsistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
Attachment:
· Proposed Amendment
PROPOSED LDR AMENDMENT
Section 4.4.18 Planned Commerce Center (PCC) District
(B) Allowed Uses
(4) Service Industry: Service Industry uses are those which are primarily engaged in
providing an off-site service but which maintain inventory, storage of materials, and a
business office at a central location. 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 Iocatiom, except as restricted below. The area wh!ch re, ay bc
cf the tctal !and area of that PCC. 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).
Contractor and Trade Services (e.g. general contractor, electrician,
plumbers, heating and air-conditioning specialists, swimming pool
maintenance, landscaping services, exterminators, equipment and tool
rental).
Repair of office equipment (e.g. typewriters, computers, data
processing equipment).
Business Services (e.g. photocopying/ printing, photo finishing,
provision of office equipment and furnishings, delivery services,
computer and data processing services).
· Limousine services with no vehicle repair or detailinq on the premises.
Limited Retail Trade only as a secondary use within any one 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 MDP. Such retail use may involve
the sale of products associated with an established service industry use
or may involve any of the 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
~ Wedne~y, June ! 4, 2000
CITY OF DELRAY BEACH
NOTICE OF PROPOSE~ AMENDMENT
REGIRATIONS TO AI .I OW LIMOUSINE
SERVICF3 AS A PRINCIPAL USE WITItIN THE
SERVICE INDUSTRY LAND USE CATEGORY
OF TI~ PLANNED COMMERCE ~
(PCC) ZONING DISTRICT
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
~ RF_GUI. A~ONS OF THE CITY OF DIT. K~Y BEACH
BY AMENDING CHAPTER FOUR '7.ONINO REGULATIONS',
SF_L'rlON 4.4.18, ' PLANNED COMMERCE CENTER (PCC)
DISTRICT', SUBSECHON 4.4.18 (B), "Al.lOWED USES",
SUBPARAGRAPH 4.4.18(B)(4), 'SERVICE INDUSTRY", BY ADDING
LIMOUSINE SERVICF. S WITH NO VEHICLE REPAIR OR DETAIl .lNG
ON THE PREMISES' AS A PERMrITED USE, PROVIDING A SAVING
CLAUSE, A GENERAL ~! ~ CLAUSE, AND AN EFFF.,CIIVE
DATE
The City G.-,~,~,~-,i~ion wrtl conduct two (2) Public Heatings fa' the purpose of
Hearing will be held on TLrESDAY~ JUNE 6t 2000~ AT 7../10 P.M. in the
Commission Chambers at City Hall 100 N.W. 1st Avenue, Deiray ~
Hearing will be held on 'I'UE/DAY~ JUNE 20~ 2000~ AT 7/10 PM. (a' at any
flae ~ of these headngs I~ the Planning and Zonin..~ Depamne~ For futfl~
v~aing m/~ ~ City aaa, ~o0 N.w. ~st Avenue, D~y
Beach, Flaida 3~.~. (Phone 561/2A3-7040), between the hours of 8.'00 a.m.
and 5,'00 p.m., Monday ~ Ftkhy, excluding ~ys.
ANY DECISION MADE BY THE CITY COMMISSION WITH RES~
TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH
PERSON MAY ~ TO ENSURE THAT A VERBATIM RECORD
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RF./X)RD. PURSUAKF TO F.S. 286.0105.
CrI'Y OFDI~ RAY BEACH
CITY OF DELRAY BEACH
NOTICE OF PROPOSEI) AMF. NDMF. NT
TO THE LAND DEVEIOPMF. NT
REGULATIONS TO A! J OW L~MOUSINE
SERVICES AS A PRINCIPAL USE WITHIN THE
SERVICE INDUSTRY LAND USE CATEGORY
OF THE PLANNED COMMERCE CENTER
(PCC) ZONING D STR CT
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING CHAPTER FOUR "ZONING REGIONS",
SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC)
DISTRICT", SUBSECTION 4.4.18 (B), "ALLOWED USES",
SUBPARAGRAPH 4.4.18(BX4), 'SERVICE INDUS~Y", BY ADDING
LIMOUSINE SERVICES WITH NO VEHICLE REPAIR OR DE'TAILING
ON THE PREMISES' AS A PERMFITED USE, PROVIDING A SAVING
DATE.
The City Commission will co~ _,,n two (2) Public Hearings for the ptapose of
~ public U~mony regarding ~ proposed onlinance. The first Public
maang win be held on TtmSDAY, JU~ r,, 2000, AX 7~. PZ~. in ~
Co'nmission Cbamb~ at City Hall, 100 N.W. 1st Avenue, Delmy Beach,
Hearing will be held on TUESDAY~ JUNE 20t 2000t AT 7.'00 P.M~ (or at any
infonnalion or to obtain a copy of the proposed ordinance, please contac~ the
Planning and Zoning Deparlment, City Hall, 100 N.W. 1st Avenue, Delray
and 5;00 p.m., Monday through Friday, excluding holidays.
~E BE ADVISED THAT IF A PERSON DECIDES TO ~
ANY DECISION MADE BY THE CITY COMMISSION WITH RESPEL~
TO ANY MATIF_.R CONSIDERF~ AT THESE HEARINGS, SUCH
PERSON MAY NEED TO ENSURE THAT A VERBATIM RF_L~RD
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
Publish: Delray Beach News/Boca Raton News
May 29, 2000
June 14,2000
Ad~ 798502
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