31-97 ORDINANCE NO. 31-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.20,
"INDUSTRIAL (I) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY
AMENDING SUBSECTION 4.4.20(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY DELETING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY ADDING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", SUBSECTION 4.3.3(Z), "RESOURCE RECOVERY OR
WASTE MANAGEMENT FACILITIES", TO PROVIDE THAT SUCH
USES SHALL ONLY BE ALLOWED UPON LAND THAT IS ZONED
COMMUNITY FACILITIES DISTRICT WITH AN UNDERLYING
FUTURE LAND USE MAP DESIGNATION OF COMMUNITY
FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING C.LAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on July 21, 1997, and forwarded the changes with a
recommendation of approval; 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 changes are consistent with and further the
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",
Article 4.4, "Base Zoning District", Section 4.4.20, "Industrial (I)
District", Subsection 4.4.20(D), "Conditional Uses and Structures
Permitted", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.20 Industrial (I) District:
(D) Conditional Uses and Structures Permitted: The following
uses are allowed as conditional uses:
(1) Boat manufacturing, repair, and/or service
(2) Bulk storage, gas and oil
(3) Concrete products manufacturing, including concrete
block and redimix concrete
(4) Custom fiberglass shops
(5) Dairy processing
(6) Heavy equipment and tool rental
(7) Bulk fertilizer sales, excluding compost heaps
(8) Garages for parking and storage of vehicles
(9) Junkyards
(10) Kennels, no on-site disposal of carcasses
(11) Lumberyards
(12) Meat cutting and wholesale storage
(13) Monument and ornamental stone cutting
(14) Rental and sales of modular buildings
~f/~~/~/~/~ZY 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 requlated by Section 4.3.3(Z) .
(16) Scrap metal recycling, when all operations and storage
are in a completely enclosed building, which generates no emissions,
and which does not create a noise disturbance in violation of Chapter
99 of the City Code
(17) Storage of light trucks, up to and including two-ton
trucks, and light construction equipment not over 24 feet long, eight
feet wide, and ten feet high
- 2 - Ord. No. 31-97
(18) Towing services and attendant storage
(19) Truck terminals and storage facilities
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4 .21, "Community
Facilities(CF) District", Subsection 4.4.21(D), ,,Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses:
(1) Health Care, such as: adult congregate living;
continuing care; homes for the aged; nursing homes; substance abuse
treatment facilities; hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers,
and testing facilities; and mental health treatment facilities
including residential care.
(2) Educational, either public or private, and vocational
schools except for training or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate
school, etc.) which may be located in various commercial districts.
(3) Services, such as: community residential homes with
seven or more occupants.
(4) Transportation, such as: bus stations, railway
stations, taxi dispatch (more than one taxi), and park and ride
areas.
(5) Special Services and Facilities, such as: privately
operated parking lots and garages; stadiums and arenas; refuse
transfer stations; resource recovery facilities, Dursuant to
provisions of Section 4.3.3(Z) ~ and power transfer stations.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(Z),
"Resource Recovery or Waste Management Facilities", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
- 3 - Ord. No. 31-97
(Z) Resource Recovery or Waste Management Facilities:
(1) Rule: Pursuant to the Palm Beach County Solid Waste
Act (Chapter 75-473, Laws of Florida, as amended), "No person shall
operate, maintain, construct, expand, or modify any resource recovery
and/or waste management facility without first having applied for and
received a valid operating permit from the Solid Waste Authority".
Examples of facilities which require such permitting include:
landfills, transfer stations, mulching/composting sites, recycling
facilities, biohazardous waste treatment facilities, and any facility
that stores, processes, treats, incinerates or disposes of solid
waste.
(2) Notification Required: Accordingly, as a part of any
application, at any step of the land use and/or development approval
process, which involves the aforementioned facilities, it shall be
required that a letter from the Solid Waste Authority which states
it's knowledge of the proposed facility shall accompany said
application.
(3) Locations: Such facilities shall be allowed only upon
land which is zoned Community Facilities (CF) with an underlying
Future Land Use Map designation of Community Facilities. S~~/~
~/~/~~/~/~/~/~~/ Such facilities shall
not be located within Wellfield Protection Zones 1, 2 or 3.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 6. 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 9th day of Sept~mber~-~F, 1997.
First Reading August 19, 1997
Second Reading September 9, 1997
- 4 - Ord. No. 31-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/Q~ - REGULAR MEETING OF SEPTEMBER 9, 1997
ORDINANCE NO. 31-97 (LDR AMENDMENTS RE RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES)
DATE: SEPTEMBER 5, 1997
This is second reading and the second public hearing for Ordinance
No. 31-97 which amends LDR Section 4.4.20, "Industrial (I)
District", by deleting resource recovery facilities as an
allowable use, amends Section 4.4.21, "Community Facilities (CF)
District", by adding resource recovery facilities as an allowable
use, and amends Section 4.3.3(Z), "Resource Recovery or Waste
Management Facilities", to provide that such uses shall only be
allowed upon land that is zoned Community Facilities District with
an underlying Future Land Use Map designation of Community
Facilities.
In 1996, the Palm Beach County Solid Waste Authority submitted a
conditional use application to establish a regional recycling
transfer station on a Mixed Industrial and Commercial (MIC)-zoned
site on Congress Avenue. Many people, including members of the
Planning and Zoning Board and the City Commission, were surprised
that such an intense use could be established as a conditional use
in this area of the City.
The conditional use application was denied in June of 1996, and in
a subsequent meeting the Commission directed staff to again review
the allowable uses in the MIC district. One of the main
objectives of the review was to determine whether or not resource
recovery should continue to be permitted in the MIC district and,
if not, to determine in which districts it would be appropriate.
The attached staff report provides an analysis of the changes
proposed for the MIC district as well as changes proposed for the
potential siting of resource recovery facilities.
The Planning and Zoning Board considered the amendments at a
public hearing on July 21, 1997, and voted unanimously to
recommend approval. At first reading on August 19th, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 31-97 on second and final
reading.
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, P& Z DIRECTOR~K~A~L~~
SUBJECT: AMENDMENTS TO LDR SECTIONS 4.4.20(D), INDUSTRIAL (I)
DISTRICT (CONDITIONAL USES AND STRUCTURES
PERMITTED); SECTION 4.4.21(D), COMMUNITY FACILITIES
(CF) DISTRICT (CONDITIONAL USES AND STRUCTURES
PERMITTED); AND SECTION 4.3.3(Z) RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES.
The item before the Commission is approval of amendments to the zoning district
regulations regarding permitted and conditional uses in the Industrial (I) and the
Community Facilities (CF) Zoning Districts; as well as the section of the LDRs which
provides specific requirements for Resource Recovery or Waste Management Facilities.
These amendments came about following the denial by the City of the Solid Waste
Authority's proposed resource recycling facility on Congress Avenue.
Section 4.3.3 (Z) of the Land Development Regulations provides standards and
regulations for resource recovery and waste management facilities, which include:
landfills, transfer stations, mulching/composting sites, recycling facilities, biohazardous
waste treatment facilities, and any facility that stores, processes, treats, incinerates or
disposes of solid waste. Under the current zoning district regulations, resource
recovery facilities are permitted as a conditional use in the MIC and I (Industrial)
districts, and refuse transfer stations are permitted as a conditional use in CF
(Community Facilities). An amendment is being proposed to the MIC district that would
delete resource recovery as an allowable use. However, it is also appropriate to
consider restricting the use from the Industrial district as well, for the following reasons.
Delray Beach is located in the center of south Palm Beach County, and is therefore a
prime location for the establishment of regional service facilities, both public and semi-
public. There are already numerous such facilities in the City, including but not limited
to the solid waste transfer station, the Palm Tran staging and maintenance facility, Palm
Beach County administrative offices and courthouse, a regional wastewater treatment
facility, and mental health and substance abuse centers. The potential impacts of a
regional resource recovery facility include noise, odor, heavy truck traffic, and visual
impacts related to the outside storage of inventory and materials. As a conditional use
in either the MIC or Industrial zoning districts, the City has limited ability to restrict or
deny the establishment of such a facility.
City Commission Documentation
LDR Amendments re: Solid Waste Facilities
Page 2
A more appropriate zoning district for this use is Community Facilities (CF), in the
category of Special Services and Facilities. CF zoning is applied primarily to public
facilities and churches. It is only applied where such uses already exist, or are
proposed to be established. In other words, unlike the I and MIC districts, the City does
not have acres of vacant CF zoned land available for development.
The proposed amendment adds the use as a conditional use in the CF zoning district.
It also changes the language under Section 4.3.3(Z), Resource Recovery or Waste
Management Facilities, to state that such uses are only permitted on land which has
both a CF zoning and Future Land Use Map designation. Therefore, if a regional
resource recovery facility were to be established in the City, it would require first a
FLUM amendment, then a rezoning, and then a conditional use application would have
to be processed. These processes require more stringent findings of approval than
simply a conditional use alone, and will provide for a more thorough review of any such
proposal. It should also be noted that language is being added to the Future Land Use
Element of the Comprehensive Plan which will state that any application for the
establishment of regional public facilities must be accompanied by specific data which
demonstrates that any negative impacts (including the loss of property tax revenue) will
be mitigated to the satisfaction of the City, or the use will be denied.
The P & Z Board held a public hearing on the amendments on July 21, 1997. No one
from the public spoke regarding the changes. The Board voted unanimously to
recommend approval.
Approve the ordinance amending LDR Sections 4.4.20(D), Industrial (I) District
(Conditional Uses and Structures Permitted); 4.4.21(D) Community Facilities (CF)
District (Conditional Uses and Structures Permitted), and 4.3.3(Z) Resource Recovery
or Waste Management Facilities (Locations), as attached.
Attachment:
· Proposed Ordinance
ORDINANCE NO. 31-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.20,
"INDUSTRIAL (I) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELEAY BEACH, BY
AMENDING SUBSECTION 4.4.20(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY DELETING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY ADDING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", SUBSECTION 4.3.3(Z), "RESOURCE RECOVERY OR
WASTE MANAGEMENT FACILITIES", TO PROVIDE THAT SUCH
USES SHALL ONLY BE ALLOWED UPON LAND THAT IS ZONED
COMMUNITY FACILITIES DISTRICT WITH AN UNDERLYING
FUTURE LAND USE MAP DESIGNATION OF COMMUNITY
FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on July 21, 1997, and forwarded the changes with a
recommendation of approval; 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 changes are consistent with and further the
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"
Article 4.4, "Base Zoning District", Section 4.4.20, "Industrial (Ii
District", Subsection 4.4.20(D), "Conditional Uses and Structures
Permitted", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.20 Industrial (I) District:
(D) Conditional Uses and Structures Pe~L~tted: The following
uses are allowed as conditional uses:
DRAFT
(1) Boat manufacturing, repair, and/or service
(2) Bulk storage, gas and oil
(3) Communication and transmission facilities
,J ~ Concrete products manufacturing, including concrete
block and redimix concrete
~ (4~ Custom fiberglass shops
~ ~6~ Dairy processing
~ (4 Heavy equipment and tool rental
~ (85 Bulk fertilizer sales, excluding compost heaps
~ (4)$ Garages for parking and storage of vehicles
~f (~0~ Junkyards
/ D (~iQ Kennels, no on-site disposal of carcasses
/! (..t~Q Lumberyards
/ 2~(.t~3~ Meat cutting and wholesale storage
/~(t~ Monument and ornamental stone cutting
/~(~3~ Rental and sales of modular buildings
~/~~/~/~/~ Material and component recovery for reuse, such
as the disassembly and resale of computer comDonents, appliances, and
electrical components. This does not include resource recovery
facilities as described and requlated by Section 4.3.3(Z).
/ ~ (t~f) Scrap metal recycling, when all operations and storage
are in a completely enclosed building, which generates no emissions,
and which does not create a noise disturbance in violation of Chapter
99 of the City Code
/ ~ (lq~ Storage of light trucks, up to and including two-ton
trucks, and light construction equipment not over 24 feet lon~, eight
feet wide, and ten feet high
- 2 - Ord. No. 31-97
/ ~ (~'93 Towing services and attendant storage
/ ~(2M~J Truck terminals and storage facilities
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses:
(1) Health Care, such as: adult congregate living;
continuing care; homes for the aged; nursing homes; substance abuse
treatment facilities;, hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers,
and testing facilities; and mental health treatment facilities
including residential care.
(2) Educational, either public or private, and vocational
schools except for training or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate
school, etc.) which may be located in various commercial districts.
(3) Services, such as: community residential homes with
seven or more occupants.
(4) Transportation, such as: bus stations, railway
stations, taxi dispatch (more than one taxi), and park and ride
areas.
(5) Special Services and Facilities, such as: privately
operated parking lots and garages; stadiums and arenas; refuse
transfer stations; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); power transfer stations; and
~qg_~unicat~o~ toWers~~~ /~
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(Z),
"Resource Recovery or Waste Management Facilities", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
- 3 - Ord. No. 31-97
DRAI
(Z) Resource Recovery or Waste Management Facilities:
(1) Rule: Pursuant to the Palm Beach County Solid Waste
Act (Chapter 75-473, Laws of Florida, as amended), "No person shall
operate, maintain, construct, expand, or modify any resource recovery
and/or waste management facility without first having applied for and
received a valid operating permit from the Solid Waste Authority".
Examples of facilities which require such permitting include:
landfills, transfer stations, mulching/composting sites, recycling
facilities, biohazardous waste treatment facilities, and any facility
that stores, processes, treats, incinerates or disposes of solid
waste.
(2) Notification Required: Accordingly, as a part of any
application, at any step of the land use and/or development approval
process, which involves the aforementioned facilities, it shall be
required that a letter from the Solid Waste Authority which states
it's knowledge of the proposed facility shall accompany said
application.
(3) Locations: Such facilities shall be allowed only upon
land which is zoned Community Facilities (CF) with an underlyinq
Future Land Use Map desiqnation of Community Facilities.~~/~
~/~/~~/~/~/~/~~/ Such facilities shall
not be located within Wellfield Protection Zones 1, 2 or 3.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 6. 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 , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 31-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'!
SUBJECT: AGENDA ITEM ~/~).~- REGULAR MEETING OF AUGUST 19, 1997
ORDINANCE NO. 31-97 (LDR AMENDMENTS RE RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES)
DATE: AUGUST 15, 1997
This is first reading and the first public hearing for Ordinance
No. 31-97 which amends LDR Section 4.4.20, "Industrial (I)
District", by deleting resource recovery facilities as an
allowable use, amends Section 4.4.21, "Community Facilities (CF)
District", by adding resource recovery facilities as an allowable
use, and amends Section 4.3.3(Z), "Resource Recovery or Waste
Management Facilities", to provide that such uses shall only be
allowed upon land that is zoned Community Facilities District with
an underlying Future Land Use Map designation of Community
Facilities.
In 1996, the Palm Beach County Solid Waste Authority submitted a
conditional use application to establish a regional recycling
transfer station on a Mixed Industrial and Commercial (MIC)-zoned
site on Congress Avenue. Many people, including members of the
Planning and Zoning Board and the City Commission, were surprised
that such an intense use could be established as a conditional use
in this area of the City.
The conditional use application was denied in June of 1996, and in
a subsequent meeting the Commission directed staff to again review
the allowable uses in the MIC district. One of the main
objectives of the review was to determine whether or not resource
recovery should continue to be permitted in the MIC district and,
if not, to determine in which districts it would be appropriate.
The attached staff report provides an analysis of the changes
proposed for the MIC district as well as changes proposed for the
potential siting of resource recovery facilities.
The Planning and Zoning Board considered the amendments at a
public hearing on July 21, 1997, and voted unanimously to
recommend approval.
Recommend approval of Ordinance No. 31-97 on first reading. If
passed, a second public hearing will be scheduled for September 9,
1997.
ref:agmemol0
Boca Raton News, Friday August 29, 1997
A PUBLIC HEARING wili be held
m~), in ~ Ci~
~m~, ~ N.W. )~ A~, ~l-
ray ~, F~i~, ~ ~ich ti~
C~ ~mi~ will ~
C~k ~ C~ Haft, ~ N.W. I~
~y ~h Fray, mc~ ~1~
~. ~ ~ ~ ere
AN ORDINANCE OF THE CITY C~
M;S~ION OF THE C~TY OF DELRAY
BEACH, FLORIDA, ~ENDING SEC-
TION 4.4.~, SINDUSTRIAL (~)
TRIC~, OF THE ~ND DEVELOP-
MENT REGU~TION5 OF THE CITY
OF DELRAY 6~CH, aY ~EN~
lNG SUBSECTION 4,~ ID),
~ONDITIONAL ~5E5 AND STRUC-
TURES PERMITTE~, BY DELET-
ING RESOURCE RECOVERY FACIL-
ITIES AS AN ALLOWABLE USE;
~ENDING SECTION 4A,31,
~UN(TY FACiL~T(E$ {CF)
TRIC~, SUBSECTION
~ONDiTIONAL USES AND STRUC-
TURES PERMITTE~, BY ADDING
RE~RCE RECOVERY FACILI-
TIES ~ ~ ALLOWA~LE
~ENDING SECTION ~.,
~PEC}AL REtIREmENTS FOR
SPECIFIC USES', SUBSECTION 4.3.3.
CZ), ~RESOURCE RECOVERY OR
W~TE ~NAGEMENT FACILI-
TIES~, TO PROVIDE THAT SUCH
USES SH~LL ~LY BE
UPON ~ND THAT IS ZONED C~
~UNITY FACILITIES DISTRICT
WITH AN UNDERLYING FUTURE
~ND USE ~P DESIGNATION OF
~UN;TY FACILITIES; PROVI~
lNG A GENERAL REPEALER
C~U$E, ~ ~VING C~U5E, AND
AN EFFECTIVE DATE.
ci~ ~ ~1 ~y ~is~ ~ by
~y m~ ~i~ ~ ~ ~ri~,
CITY OF OELRAY
C~ C~
~i~: A~ ~, 1~
~R~N~
Boca Raton News, Wednesday, September 3, 1997
' CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE WITHIN
;'rilE INDUSTRIAL (I) DISTRICT AND COMMUNITY
FACILITIES (CF) DISTRICT °
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
*ORDINANCE NO, 31- 97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.20, 'INDUS-
TRIAL (3) DISTRICT", OF THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELI{AY BEACH, BY AMENDING SUB-
SECTION 4.4.20 (D), 'CONDITIONAL USES AND STRUCTURES
PERMi3-rED", BY DELETING RESOURCE RECOVERY FACILITIES
AS AN ALLOWABLE USE;AMENDING SECTION 4.4.21, 'COMMU-
NITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D),
'CONDITIONAL USES AND STRUCTURES PERMI3-1'ED", BY
ADDING RESOURCE RECOVERY FACILITIES AS AN ALLOWABLE
USE; AMENDING SECTION 4.3.3, 'SPECIAL REQUIREMENTS FOR
SPECIFIC USES", SUBSECTION 4.3.3 (Z), 'RESOURCE RECOV-
ERY OR WASTE MANAGEMENT FACILITIES", TO PROVIDE THAT
SUCH USES SHALL ONLY BE ALLOWED UPON LAND THAT .IS
ZONED COMMUNITY FACILITIES DISTRICT WITH AN UNDERLY-
ING FUTURE LAND USE MAP DESIGNATION OF COMMUNITY
FACILITIES; PROVIDIMG A GENERAL REPEALER CLAUSE, A SAV-
ING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the pur-
pose of accepting public testimony regarding the proposed ordinance.
The first Public Hearing will be held on TUESDAY. AUGUST 19. 1997.
AT 7:00 P.M. (or at any continuation of such meeting whidh is set by
the Commission), in the commissionn Chambers at City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida. If the ordinance is passed on first
reading, a second Public Hearing will be held on
TEMBER 9. 1997. AT 7:00 P.M. (or at any continuation of such meet-
ing which is set by the Commission).
All interested citizer~s are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments in
writing on or before the date of these headngs to the Planning and
Zoning Department. For further Information or to obtain a copy of the
proposed ordinance, please contact the Planning and Zoning
Department, City Hall, IOO N.W. 1st Avenue, Delray Beach, Florida
33~.~.~. (Phone 407/243-7040), 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 PRO-
VIDI~ NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
pUBLISH: THE BOCA RATON NEWS CITY OF DELRAY BEACH
AUGUS. T 11, 1997 Allison MacGregor Harry
· .. SEPTEMBER 3, 1997 ' City Clerk
AD ff757936 ' * ..
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE WITHIN-
THE INDUSTRIAL (]) DISTRICT AND COMMUNITY
FACILITIES (CF) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 31- 97 ._
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF-
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.20, 'INDUS-
TRIAL D,STR CT", OF THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUB-
SECTION 4.4.20 (D), 'CONDITIONAL USES AND STRUCTURES
PERMITI'ED", BY DELETING RESOURCE RECOVERY FACILITIES
AS AN ALLOWABLE USE; AMENDING SECTION 4.4.21', 'COMI~;J-
NITY FACILITIES (CF)DISTRICT", SUBSECTION 4.4.21(~,
'CONDITIONAL USES AND STRUCTURES PERMITTED', ~Y.
ADDING RESOURCE RECOVERY FACILITIES AS AN ALLOWABLE
USE; AMENDING SECTION 4.3.3, 'SPECIAL REQUIREMENTS
SPECIFIC USES", SUBSECTION 4.3.3 (Z), 'RESOURCE REC_(~V-~-
FRY OR WASTE MANAGEMENT FACILITIES', TO PROVIDE THAT·
SUCH USES SHALL ONLY BE ALLOWED UPON LAND THAT ~'S
ZONED COMMUNITY FACILITIES DISTRICT WITH AN UNDERI;Y-
lNG FUTURE LAND USE MAP DESIGNATION OF COMMUNI3;Y,
FACILITIES; PROVIDIMG A GENERAL REPEALER CLAUSE A S~[/-
lNG CLAUSE, AND AN EFFECTIVE DATE. ~
The City Commission v~ill conduct two (2) Public Hearings for the
pose of accepting public testimony regarding the proposed ordinanCe.
The first Public Hearing will be held on TUESDAY, AUGUST 19. 1997."
AT 7:00 P.M. (or at any continuation of such meeting which is set.;by
the Commission), in the commissionn Chambers at City Hall, 100 N3N.
1st Avenue, Delray Beach, Florida. If the ordinance is passed on first
reading, a second Public Hearing will be held on TUESDAY. SEP-
TEMBER 9. 1997. AT 7:00 P.M. (or at any continuation of such me_et-
lng which is set by the Commission). '~,
All interested citizens are invited to attend the public heatings a~d
comment upon the proposed ordinance or submit their comments in
wdting on or before the date of these hearings to the Planning a.nd
Zoning Department. For further information or to obtain a copy of the
proposed ordinance, please contact the Planning and Zoning
Department, City Hall, IOO N.W. 1st Avenue, Delray Beach, Fiodda
33~.~. (Phone 407/243-7040), 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 MA'I-I'ER 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 PRO--
VIDE NOR PREPARE SUCH RECORD. PURSUANT TO F..S.
286.0105.
PUBLISH: THE BOCA RATON NEWS CITY OF. DELRAY BEA~I
AUGUST 11, 1997 ~ Allison MacGregor Harry,.
SEPTEMBER 3, 1997 City Clerk -..
AD//757936
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~a~~'~_ coP~ -i~g ~3&&a ~n p.u~- , .~y D~
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MEMORANDUM
TO: Jasmin Allen, Planner
FROM: Alison MacGregor Harty, City Clerk~I~
SUBJECT: Advertisements/Draft Ordinances for City Commission
Meetinq of Auqust 19, 1997
DATE: August 6, 1997
Attached for your review are draft copies of the 'change of use'
notices and the draft ordinances for the proposed MIC district
text amendments (Ord. 30-97) and the text amendments related to
resource recovery facilities (Ord. 31-97).
Please review the ads and get back to me with any comments or
changes as soon as possible. I want to get these ads to the
newspaper by Thursday noon (8/7/97) for publication on Monday,
August llth. The second publication date is scheduled for
September 3rd.
In addition, the captions will be advertised according to our
normal adoption procedure for ordinances (i.e. at least ten days
prior to 2nd reading/public hearing, or August 29, 1997).
Thank you for your assistance.
AMH/m
At t achment s
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE WITHIN THE
INDUSTRIAL (I) DISTRICT AND COMMUNITY FACILITIES (CF) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 31-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY
AMENDING SUBSECTION 4.4.20(D), "CONDITIONAL USES AND STRUCTURES
PERMITTED", BY DELETING RESOURCE RECOVERY FACILITIES AS AN
ALLOWABLE USE; AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES
(CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND
STRUCTURES PERMITTED" BY ADDING RESOURCE RECOVERY FACILITIES AS
AN ALLOWABLE USE; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS
FOR SPECIFIC USES", SUBSECTION 4.3.3(Z), "RESOURCE RECOVERY OR
WASTE MANAGEMENT FACILITIES", TO PROVIDE THAT SUCH USES SHALL
ONLY BE ALLOWED UPON LAND THAT IS ZONED COMMUNITY FACILITIES
DISTRICT WITH AN UNDERLYING FUTURE LAND USE MAP DESIGNATION OF
COMMUNITY FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
AUGUST 19, 1997, 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. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, SEPTEMBER 9, 1997, AT
7:00 P.M. (or at any continuation of such meeting which is set by
the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 407/243-7040), 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.
PUBLISH: The News CITY OF DELRAY BEACH
August 11, 1997 Alison MacGregor Harty
September 3, 1997 City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF PERMITTED USE AND CONDITIONAL USE CHANGE
WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT] must
be an 18 point bold headline. Thank you.
MEETING OF: JULY 21, 1997
AGENDA ITEM: V.B. AMENDMENTS TO SECTION 4.4.20(D), INDUSTRIAL (I)
DISTRICT (CONDITIONAL USES AND STRUCTURES
PERMITTED); SECTION 4.4.21(D), COMMUNITY FACILITIES
(CF) DISTRICT (CONDITIONAL USES AND STRUCTURES
PERMITTED); AND SECTION 4.3.3(Z) RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES.
The item before the Board is that of recommending amendments to Land Development
Regulations (LDR) Section 4.4.20(D), Industrial (I) District (Conditional Uses and
Structures Permitted); Section 4.4.21(D) Community Facilities (CF) District (Conditional
Uses and Structures Permitted), and Section 4.3.3(Z) Resource Recovery or Waste
Management Facilities.
In 1996, the Palm Beach County Solid Waste Authority submitted a conditional use
application to establish a regional recycling transfer station on a Mixed Industrial and
Commercial (MIC)-zoned site on Congress Avenue. Many people, including members
of the Planning and Zoning Board and the City Commission, were surprised that such
an intense use could be established as a conditional use in this area of the City.
The conditional use application was denied in June of 1996, however, in a subsequent
meeting the Commission directed staff to again review the allowable uses in the MIC
District. One of the main objectives of the review was to determine whether or not
resource recovery should continue to be permitted in the MIC district, and if not, to
determine in which districts it would be appropriate. That review has been completed,
and a number of changes are proposed for the MIC district. In addition, changes are
proposed for the potential siting of resource recovery facilities, as described in this
report.
II ............................................................................................ =.-... .................. ............ ........... .................................................... ..........
Section 4.3.3 (Z) of the Land Development Regulations provides standards and
regulations for resource recovery and waste management facilities, which include:
landfills, transfer stations, mulching/composting sites, recycling facilities, biohazardous
waste treatment facilities, and any facility that stores, processes, treats, incinerates or
disposes of solid waste. Under the current zoning district regulations, resource
recovery facilities are permitted as a conditional use in the MIC and I (Industrial)
districts, and refuse transfer stations are permitted as a conditional use in CF
(Community Facilities). An amendment is being proposed to the MIC district that would
delete resource recovery as an allowable use. However, it is also appropriate to
consider restricting the use from the Industrial district as well, for the following reasons.
Planning and Zoning Board Memorandum Staff Report
LDR Amendments to Sections 4.4.20(D), Industrial, and 4.4.21(D), Community Facilities, Conditional Uses and
Structures Permitted
Page 2
Delray is located in the center of south Palm Beach County, and is therefore a prime
location for the establishment of regional service facilities, both public and semi-public.
There are already numerous such facilities in the city, including but not limited to the
solid waste transfer facility, Palm Beach County administrative offices and courthouse,
a regional wastewater treatment facility, and mental health and substance abuse
centers. The potential impacts of a regional resource recovery facility include noise,
odor, heavy truck traffic, and visual impacts related to the outside storage of inventory
and materials. As a conditional use in either the MIC or Industrial zoning districts, the
City has limited ability to prohibit the establishment of such a facility.
A more appropriate zoning district for this use is Community Facilities (CF), in the
category of Special Services and Facilities. CF zoning is applied primarily to public
facilities and churches. It is only applied where such uses already exist, or are
proposed to be established. In other words, unlike the I and MIC districts, the City does
not have acres of vacant CF zoned land available for development.
The proposed amendment adds the use as a conditional use in the CF zoning district.
It also changes the language under Section 4.3.3(Z), Resource Recovery or Waste
Management Facilities, to state that such uses are only permitted on land which has
both a CF zoning and Future Land Use Map designation. Therefore, if a regional
resource recovery facility were to be established in the City, it would require first a
FLUM amendment, then a rezoning, and then a conditional use application would have
to be processed. These processes require more stringent findings of approval than
simply a conditional use alone. It should also be noted that language is being added to
the Future Land Use Element of the Comprehensive Plan which will state that any
application for the establishment of regional service facilities must be accompanied by
specific data which demonstrates that any negative impacts (including the loss of
property tax revenue) will be mitigated to the satisfaction of the City, or the use will be
denied.
Based on the analysis of resource recovery facilities contained in this staff report,
including the referenced analysis of the MIC District, recommend amendments to LDR
Sections 4.4.20(D), Industrial (I) District (Conditional Uses and Structures Permitted);
4.4.21(D) Community Facilities (CF) District (Conditional Uses and Structures
Permitted), and 4.3.3(Z) Resource Recovery or Waste Management Facilities
(Locations), as attached.
Attachment:
· Proposed Amendments
PROPOSED LDR AMENDMENTS
Section 4.4.20(D) Industrial (I) District
(Conditional Uses and Structures Permitted)
(16) Rescurcc ~$0¥~,~' ~:,-~,,-;I;H ........... t. ~. ...... ;,~,; .... t; S~_,,.,t.;~,r~ ~1 ,'~ q/7~ 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).
Section 4.4.21(D) Community Facilities (CF) District
(Conditional Uses and Structures Permitted)
(5) Special services and facilities, such as: privately operated parking lots and
garages; stadiums and arenas; refuse transfer stations; resource recovery facilities,
pursuant to provisions of Section 4.3.3(Z): power transfer stations; and communication
towers.
Section 4.4.3(Z) Resource Recovery or Waste Management Facilities
(3) Locations: Such facilities shall be allowed only upon land which is zoned
Community Facilities (CF) with an underlying Future Land Use Map designation of
Community_ Facilities t,.,~,,..+..'..~ .......... ~'""~ !n'~'"'*'~c~ ......... " ..... '~ Such
facilities shall not be located within Wellfield Protection Zones 1,2 or 3.
S:\adv\MIC9
ORDINANCE NO. 31-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.20,
"INDUSTRIAL (I) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY
AMENDING SUBSECTION 4.4.20(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY DELETING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", BY ADDING RESOURCE
RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", SUBSECTION 4.3.3(Z), "RESOURCE RECOVERY OR
WASTE MANAGEMENT FACILITIES", TO PROVIDE THAT SUCH
USES SHALL ONLY BE ALLOWED UPON LAND THAT IS ZONED
COMMUNITY FACILITIES DISTRICT WITH AN UNDERLYING
FUTURE LAND USE MAP DESIGNATION OF COMMUNITY
FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on July 21, 1997, and forwarded the changes with a
recommendation of approval; 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 changes are consistent with and further the
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",
Article 4.4, "Base Zoning District", Section 4.4.20, "Industrial (I)
District", Subsection 4.4.20(D), "Conditional Uses and Structures
Permitted", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.20 Industrial (I) District:
(D) Conditional Uses and Structures Permitted: The following
uses are allowed as conditional uses:
(1) Boat manufacturing, repair, and/or service
(2) Bulk storage, gas and oil
(3) Communication and transmission facilities
(4) Concrete products manufacturing, including concrete
block and redimix concrete
(5) Custom fiberglass shops
(6) Dairy processing
(7) Heavy equipment and tool rental
(8) Bulk fertilizer sales, excluding compost heaps
(9) Garages for parking and storage of vehicles
(10) Junkyards
(11) Kennels, no on-site disposal of carcasses
(12) Lumberyards
(13) Meat cutting and wholesale storage
(14) Monument and ornamental stone cutting
(15) Rental and sales of modular buildings
~/~~/~/~/~y 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 requlated by Section 4.3.3(Z).
(17) Scrap metal recycling, when all operations and storage
are in a completely enclosed building, which generates no emissions,
and which does not create a noise disturbance in violation of Chapter
99 of the City Code
(18) Storage of light trucks, up to and including two-ton
trucks, and light construction equipment not over 24 feet long, eight
feet wide, and ten feet high
- 2 - Ord. No. 31-97
(19) Towing services and attendant storage
(20) Truck terminals and storage facilities
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District" Section 4.4.21, "Community
Facilities (CF) District", Subsection' 4.4.21(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses:
(1) Health Care, such as: adult congregate living;
continuing care; homes for the aged; nursing homes; substance abuse
treatment facilities; hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers,
and testing facilities; and mental health treatment facilities
including residential care.
(2) Educational, either public or private, and vocational
schools except for training or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate
school, etc.) which may be located in various commercial districts.
(3) Services, such as: community residential homes with
seven or more occupants.
(4) Transportation, such as: bus stations, railway
stations, taxi dispatch (more than one taxi), and park and ride
areas.
(5) Special Services and Facilities, such as: privately
operated parking lots and garages; stadiums and arenas; refuse
transfer stations; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); power transfer stations; and
communication towers.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions" Section
4.3.3, "Special Requirements for Specific Uses", Subsection'4.3.3(Z),
"Resource Recovery or Waste Management Facilities", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
- 3 - Ord. No. 31-97
(Z) Resource Recovery or Waste Management Facilities:
(1) Rule: Pursuant to the Palm Beach County Solid Waste
Act (Chapter 75-473, Laws of Florida, as amended), "No person shall
operate, maintain, construct, expand, or modify any resource recovery
and/or waste management facility without first having applied for and
received a valid operating permit from the Solid Waste Authority"
Examples of facilities which require such permitting include:
landfills, transfer stations, mulching/composting sites, recycling
facilities, biohazardous waste treatment facilities, and any facility
that stores, processes, treats, incinerates or disposes of solid
waste.
(2) Notification Required: Accordingly, as a part of any
application, at any step of the land use and/or development approval
process, which involves the aforementioned facilities, it shall be
required that a letter from the Solid Waste Authority which states
it's knowledge of the proposed facility shall accompany said
application.
(3) Locations: Such facilities shall be allowed only upon
land which is zoned Community Facilities (CF) with an underlyinq
Future Land Use Map desiqnation of Community Facilities.~~/~
~/~/~~/~/~/~/~~/ Such facilities shall
not be located within Wellfield Protection Zones 1, 2 or 3.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 6. 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 , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 31-97
MEETING OF: JULY 21, 1997
AGENDA ITEM: V.B. AMENDMENTS TO SECTION 4.4.20(D), INDUSTRIAL (I)
~O\ 0~"~ DISTRICT (CONDITIONAL USES AND STRUCTURES
,, PERMITTED); SECTION 4.4.21(D), COMMUNITY FACILITIES
(CF) DISTRICT (CONDITIONAL USES AND STRUCTURES
PERMITTED); AND SECTION 4.3.3(Z) RESOURCE RECOVERY
OR WASTE MANAGEMENT FACILITIES.
The item before the Board is/that of recommending amendments to Land Development
Regulations (LDR) Section 4.4.20(D), Industrial (I) Distdct (Conditional Uses and
Structures Permitted); Section 4.4.21(D) Community Facilities (CF) Distdct (Conditional
Uses and Structures Permitted), and Section 4.3.3(Z) Resource Recovery or Waste
Management Facilities.
I, I
In 1996, the Palm Beach County Solid Waste Authority submitted a conditional use
application to establish a regional recycling transfer station on a Mixed Industrial and
Commercial (MIC)-zoned site on Congress Avenue. Many people, including members
of the Planning and Zoning Board and the City Commission, were surprised that such
an intense use could be established as a conditional use in this area of the City.
The conditional use application was denied in June of 1996, however, in a subsequent
meeting the Commission directed staff to again review the allowable uses in the MIC
District. One of the main objectives of the review was to determine whether or not
resource recovery should continue to be permitted in the MIC district, and if not, to
determine in which districts it would be appropriate. That review has been completed,
and a number of changes are proposed for the MIC district. In addition, changes are
proposed for the potential siting of resource recovery facilities, as described in this
report.
Section 4.3.3 (Z) of the Land Development Regulations provides standards and
regulations for resource recovery and waste management facilities, which include:
landfills, transfer stations, mulching/composting sites, recycling facilities, biohazardous
waste treatment facilities, and any facility that stores, processes, treats, incinerates or
disposes of solid waste. Under the current zoning district regulations, resource
recovery facilities are permitted as a conditional use in the MIC and I (Industrial)
districts, and refuse transfer stations are permitted as a conditional use in CF
(Community Facilities). An amendment is being proposed to the MIC district that would
delete resource recovery as an allowable use. However, it is also appropriate to
consider restricting the use from the Industrial district as well, for the following reasons.
Planning and Zoning Board Memorandum Staff Report
LDR Amendments to Sections 4.4.20(D), Industrial, and 4.4.21(D), Community Facilities, Conditional Uses and
Structures Permitted
Page 2
Delray is located in the center of south Palm Beach County, and is therefore a prime
location for the establishment of regional service facilities, both public and semi-public.
There are already numerous such facilities in the city, including but not limited to the
solid waste transfer facility, Palm Beach County administrative offices and courthouse,
a regional wastewater treatment facility, and mental health and substance abuse
centers. The potential impacts of a regional resource recovery facility include noise,
odor, heavy truck traffic, and visual impacts related to the outside storage of inventory
and materials. As a conditional use in either the MIC or Industrial zoning districts, the
City has limited ability to prohibit the establishment of such a facility.
A more appropriate zoning district for this use is Community Facilities (CF), in the
category of Special Services and Facilities. CF zoning is applied primarily to public
facilities and churches. It is only applied where such uses already exist, or are
proposed to be established. In other words, unlike the I and MIC districts, the City does
not have acres of vacant CF zoned land available for development.
The proposed amendment adds the use as a conditional use in the CF zoning district.
It also changes the language under Section 4.3.3(Z), Resource Recovery or Waste
Management Facilities, to state that such uses are only permitted on land which has
both a CF zoning and Future Land Use Map designation. Therefore, if a regional
resource recovery facility were to be established in the City, it would require first a
FLUM amendment, then a rezoning, and then a conditional use application would have
to be processed. These processes require more stringent findings of approval than
simply a conditional use alone. It should also be noted that language is being added to
the Future Land Use Element of the Comprehensive Plan which will state that any
application for the establishment of regional service facilities must be accompanied by
specific data which demonstrates that any negative impacts (including the loss of
property tax revenue) will be mitigated to the satisfaction of the City, or the use will be
denied.
Based on the analysis of resource recovery facilities contained in this staff report,
including the referenced analysis of the MIC District, recommend amendments to LDR
Sections 4.4.20(D), Industrial (I) District (Conditional Uses and Structures Permitted);
4.4.21(D) Community Facilities (CF) District (Conditional Uses and Structures
Permitted), and 4.3.3(Z) Resource Recovery or Waste Management Facilities
(Locations), as attached.
Attachment:
· Proposed Amendments
PROPOSED LDR AMENDMENTS
Section 4.4.20(D) Industrial (I) District
(Conditional Uses and Structures Permitted)
(16) o ................. ~:,-~,-41;t'; ........... t' ~' ...... ;~-; .... ~: e..'~.-,H,~. ~1 O. '~/7~ 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).
Section 4.4.21(D) Community Facilities (CF) District
(Conditional Uses and Structures Permitted)
(5) Special services and facilities, such as: privately operated parking lots and
garages; stadiums and arenas; refuse transfer stations; resource recovery facilities,
pursuant to provisions of Section 4.3.3(Z): power transfer stations; and communication
towers.
Section 4.4.3(Z) Resource Recovery or Waste Management Facilities
(3) Locations: Such facilities shall be allowed only upon land which is zoned
Community Facilities (CF) with an underlying Future Land Use Map designation of
Community Facilities Inductfia~ cr upcn which industrial uccc arc allowed. Such
facilities shall not be located within Wellfield Protection Zones 1,2 or 3.
S:\adv\MIC9