102-85 ORDINANCE NO. 102-85
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
DELP~Y BEACH, FLORIDA, BY REPEALING SECTION 30-15.2,
"PCC PLANNED COMMEBCE CENTER DISTRICT', AND ENACTING
A NEW SECTION 30-15.2, "PCC, PLANNED COMMERCE CENTER
DISTRICT", WHICH PROVIDES (A) 'PURPOSE"; (B) 'DEFI-
NITION"; (C) "DEVELOPMENT APPROVAL PROCESS"; (D)
"GENERAL USE AREAS A}~ PERMITTED USES"; (E)
"CONDITIONAL USES"; (F) 'USES PROHIBITED'; (G) 'SITE
AREA AND LOT DIMENSIONS'; (H) 'BUILDING SETBACKS';
(I) 'GROUND FLOOR BUILDING AREA'; (J) "TOTAL FLOOR
AREA"; (K) "BUILDING HEIGHT"; (L) 'PARKING AND
LOADING'; (M) "DISTRICT BOU}DARY LINES"; (N) 'LAND-
SCAPING AND OPEN SPACE"; (O) 'SIGNS"; (P) "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:
~. That Chapter 30, 'Zoning", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
repealing Section 30-15.2, "PCC Planned Commerce Center District", in
its entirety.
~S_~. That Chapter 30, "Zoning", of the Code of -
Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Section 30-15.2, 'PCC, Planned Commerce Center District",
as is set forth in Exhibit "A" attached hereto and which is expressly
made a part of this ordinance.
~9_g_~l. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
~_9~. 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.
~_9~. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of .. September , 1985.
ATTEST:
Cit¥:~lerk
First Reading September 10,.1985
Second Reading S.e?.tember 24, 1985
EXHIBIT "A"
Sec. 30-i5.2 PCC PLANNED COMMERCE CENTER DISTRICT
A) PURPOSE
The PCC District is intended to encourage the development of a -ixed
use business Dark in a master planned environment. The PCC District
is intended to of=er a wide range of uses includim7 office, research
and development, light industrial, assembly, office/service and 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 develooment
by the control it exercises through Site and Development Plan and Com-
munity Appearance Board Approval.
(B) DEFINITION
A Planned Commerce Center shall be defined as follows:
I) A PCC is land under unified control, ~lanned and constructed as
a whole in a single development, or in an approved programmed
series of development phases for buildings, related uses and facil-
ities. All 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 grOUD
of individuals, partnerships or corpora~ OHS). The applicant shall
present legal documents acceptable to t; City Attorney to con-
stitute evidence of the unified control ~f 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 a~ public ex-
pense. Applicant shall provide agreements, ccntrac'=,_- covenants,
deed restrictions and/or sureties acceptable to the City for con-
tinuing operation and maintenance cf such areas, functions and
facilities which will .not be provided, c~erated cr maintained at
public expense.
3) Applicant shall bind their successors in zit~=
~- tO any commitments
made under this section.
(C) DEVELOPMENT APPROVAL PROCESS
(1) A Conceptual Master Plan may be submitted concurrently with a
rezoning application. The Conceptual 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 Sec. 30-15.2{C); 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 re-
quired by the Planning and /oning Department to determine that
the restrictions of this District shall se met.
- page 2 -
Figure 1 illustrates a typical Conceptual Master Plan.
(2) When a Conceptual Master Plan is submitt=,~ conc rr .... wi a
rezoninq application, all subsequent Site and Developmen~ Plans
submitted in accordance with Sec. 30-22 shall be conslsten~ with
the approved Conceptual Master Plan.
(3) A modification of an approved Conceptual Master Plan may be re-
quested by the applicant when any phase of the Planned Commerce
Center District submitted as part of the Sec. 30-22 Site and De-
velopment Plan approval deviates from the Conceptual 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 Conceptual Master Plan and the standards to be applied ~
in reviewing any such request shall be the same as for a modifi-
cation of approved Site and Development Plan.. Sec. 30-22(F).
{4) In lieu of submitting a Conceptual Master Plan as provided asove,
the applicant may submit a detailed and comprehensive set of plans
in accordance with Sec. 30-22, Site and Development Plan Approval
at the time of rezonin~. In the absence of an approved Conceptual
Master Plan, condiuional use approval shall also be required in
accordance with Sec. 30-21 prior to issuance of any occupational
licenses.
(D) GENERAL USE AREAS AND PERMITTED USES
Four general use areas may be designated with-n the property as part
of a Conceptual Master Plan approved pursuant co Sec. 30-15.2(F) below.
The four general use areas include: (1) pure office; (2) light in-
dustrial/assembly/research and development; (3) office/service; (4)
commercial node. The Conceptual 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 Conceptual Master Plan and the floor area within the
designa%ed pure office area shall not exceed :irt%' ~150! cercent
of the total floor area within the entire P'!anned Csmmerce Center.
The Conceptual Master Plan shall also speci=iral!v designate those
areas to be used for low rise office (one cr two floors and mid-
rise office (three or more floors).
The following shall be the only permitted uses %'ithin the designated
pure office area:
Banks and other financial institutions
Business, governmental and other professional of=ires
Lunch counters or cafeterias for occuuan~s and er,~c.e ~=
an accessory use
Research and laboratory uses, includin~ experimental and
~esting opera~icns
(2) Light Industrial/Assembly/Research and D=~-=lc~=~ ........... Area - A ~. :"'
industrial, assembly and researc~ and developmen= area may be
designated as part of the Conceptual Mas~er Plan. A minimum tenant
occupancy shall be required in this desicnated use area of not
more than two tenants per 15,000 square feet of floor area per
principal building.
- page 3 -
The following shall be the only 9ermi~ted uses within this
designated use area:
Light industrial and manufacturing uses, including
assemblage and fabrication
Lunch counters or cafeterias for occupants and employees,
as an accessory use.
Research and development uses, including experimental and
testing laboratories, manufacture, assemblage and
fabrication.
Warehousing and s~orage when accessory and subsidiary
the primary use.
(3) Office/Service Area - An office/service area may be designated
as part of the Conceptual Master Plan and shall not exceed
fifteen (15) percent of the total floor area within the entire
Planned Commerce Center. A minimum tenant occupancy of hOC ~ess
than 2,000 square feet of floor area shall be required. /he
office portion of the office/service area shall contain not less
than twenty (20) percent nor more than eight (80) percent of the
total gross floor area per unit within a principal building in
the designated office/service area.
The following shall be the only permitted uses within
designated office/service area:
Manufacturin~
Printing and publishing
Office and computzng machines
Electronic components and accesso:-ies
Engineering and scientific instru- =nts
Measuring and controlling devices
Optical instruments
Med~cai instruments and supplies
Wholesale Trade
Photographic equipment and supplies
Electronic parts and supplies
Paper and paper products
Professional equipment and supplies
Business Services
Blueprinting and photocopying
Direct mail advertising services
Stenographic and reproduction services
Building m{in[enance 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 equ£?men:
Facilities management services
Interior designing
Packaging and labeling services
Telephone answering services
- page 4 -
Repair Services
Office and computing equipment
Measuring and scientific instruments
Educational Services
Data processing schools
Business and secretarial schuols
Vocational schools limited to office and computing
equipment service
Professional Services
Land surveying services
(4) Commercial Node - A commercial node area may be designated as part
of the Conceptual Master Plan and the total floor area of the de-
signated 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 ~hall '
be prohibited. All access to the designated commercial node area
shall be from internal streets or driveways.
The uses permitted in the commercial no~ ~ area shall be limited
to the following commercial uses:
Barbershop
Bookstores
Business machines, including service
Exercise facilities
Florists
Gift shops
Hobby shops
Ice cream parlors
Newsstands
Pharmacy
Photographic equipment and supplies
Restaurants
Specialty food shops
Sporting goods
Office supplies, excluding furniture sales
Tailoring
Tobacconist
(E) CONDITIONAL USES
As prescribed in Sec. 30-21, and after the review of the application
and plans appurtenant there%o, and hearing %hereon, ~he Planning and
Zoning Board finds as a fact that the uroposed use cr uses are consi-~ent
with good zoning practice, not contrary to the Master ?lan, and
detrimental to the promotion of public appearance, comfort, convenience,
general welfare, good order, health, morals, prosperity, and safety
of the City, the following uses may be recommended to the City Council
as Conditional Uses:
Child day care, subject to Sec. 30-17(M)
- page 5 -
(F) USES PROHIBITED
Except as speeifically permitted in Sec. 30-15.2(C) or (D), the follow-
ing uses are e×pre~sly prohibited as either principal of accessory uses.
All other uses not expressly permitted in Sec. 30-15.2(C) or (D) are
expressly prohibited.
(1) Ail uses which mesult in noxious odors, ~umes, dust, dirt, noise,
smoke, or vibrations, or which result in the generation of any
hazards presenting a threat to public health, safety, or general
welfare
(2) Acid manufacture
(3) Automobile paint, body and repair shops
(4) Broadcasting studios ~
(5) Carpet cleaning facilities
(6) Equipment and tool rental
(7) Exterminator service
(8) Garages, parking and storage
(9) Gasoline stations and automotive repair garages
(10) Gravel and rock pits and/or quarries
(11) Junk yards or automobile graveyards
(12) Manufacture of asphalt, brick, ceramic, tile, cement, lime, plaster,
concrete, or products thereof
(13) Manufacture or storage of explosives
(14) Meat cutting and wholesale storage
(15) Moving and storage ..
(16) Packing plants, canning plants, or slaucnter yards
(17) Pulp or paper mills
(18) Rendering plants or glue works
(19) Rental and sale of modular buildings
(20) Stockyards
(21) Storage yards for construction vehicles, equipment and materials
(22) Swimming pool contractors
(23) Warehouses and storage facilities when not accessory and subsidiary
to the primary industrial use
(24) Wholesale distribution facilities or uses not specifically permitted
in Sec. 30-15.2(C).(3)
(25) There shall be no open, outside storage of materials, supplies,
products, equipment or machinery. Storage of these and other
materials is permitted only when in a completely enclosed building,
and when accessory and subsidiary to the primary industrial use.
(G) 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 com-
mercial node shall not be less than half an acre (0.5).
It is the intent of this section that a parcel zoned PCC be under uni-
fied 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.
- page 6 -
(H) BUILDING SEIBACKS
(1) Perimeter Green0elt - The project area shall be enclosed on
all sides by a landscaped buffer, coterminous with the
perimeter boundary, having a minimum width of twenty-five
feet--or thirty (30) feet adjacent to any collector or arterial
street. When such property d~rectly abuts ~ 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 oy 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 loc lines shall be determined at the time of Site
and Development Plan approval.
(I) GROUND FLOOR BUILDING AREA
The total ground floor building area of .~ [ buildings and structures
shall not exceed fifty (50%) percent of ~ e total area of an individ-
ual lot.
(J) TOTAL FLOOR AREA
No requirement except as provided in Section 30-15.2(C).
(K) 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 Sec. 30-21).
(L) PARKING AND LOADING
See Sec. 30-18 and 30-19.
(M) DISTRICT BOUNDARY LINES
The requirements of Sec. 30-15.2(H) supercede the district boundary
regulations of Sec, 30-17(J) for the PCC District.
- page 7 -
(N) LANDSCAPING AND OPEN SPACE
(i) 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 Chapt_r 9, Article X
of the Code of Ordinances. A detailed landscaping plan
shall be prepared showing locatio~ type, and size ot 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 and
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.
(O) SIGNS
The requirements of Chapter 9, Article VIII, Sec.9-211(E) "SA~
(Special Activities District)" shall regulate the provision of
signs in the PCC District. However, individual lots may be
allowed one free-standing identification sign, providing such
sign does not exceed ten (10) feet in h Lght and has no more
than thirty-two (32> square feet per si -~ face.
(P) 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
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 Sec. 30-15.2(C)(4).
(2) Underground utilities. Within the Planned Commerce Center,
all utilities including 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 exempt from this requirement by the Planning and Zoning
Board.
(3) Minimum distance between buildings. The minimum distance
between buildings shall be ~wenty-five <25) fee~.
page 8 -
(4) Large trucks in excess of one ton carrying capacity
shall be parked in rear or side (interior) yards and
shall be screened from view from adjacent properties
o~-any public rights-of-way in accordance with $ec.30-20
and by anyadditional 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 amd screened so as to minimize the v~sibility
from adjacent properties or any public right-of-way.
All loading movements including turn-around shall be
made off the public right-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 residential zoned district.
(8) It is the intent of this section to establish minimum
standards of development that may be approved within
PCC District. In recommending ap?roval of the rezoming,
Conceptual Master Plan, or Site a~ ! Development Plan
for a particular Planned Commerce .~enter, the Planning
and Zoning Board may recommend, a?~ the City Council
may attach, suitable conditions, :.~feguards, 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 ever~z
respect with the approval.
FIGURE
ILLUSTRATIVE CONCEPTUAL MASTER PL&N
OFFICE(L
MID-RISE)
RESEARCH &
DEVELOPMENT
~. .... LIGHT INDUSTRIAL/A$$EMBLY\~' 2 _
PLANNED COMMERCE CENTER ZONING DISTRICT
THE UPSCALE PARK OF COMMERCE