03-96 ORDINANCE NO. 3-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER)
DISTRICT IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING TRACT A, TRACT L-2, AND A
PORTION OF TRACT R, CONGRESS PARK SOUTH REPLAT,
LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned PCC (Planned Commerce Center) District; and
WHEREAS, at its meeting of December 19, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 4 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated APril, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$~c~iQn 1, That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of MIC (Mixed Industrial
and Commercial) District for the following described property:
Tract A, Tract L-2, and that portion of Tract R lying
adjacent to the east and south property lines of said
Tract A, CONGRESS PARK SOUTH REPLAT, recorded in Plat
Book 71, Page 190, of the Public Records of Palm
Beach County, Florida.
The subject property is located south of Atlantic
Avenue on the west side of Congress Avenue;
containing 5.35 acres, more or less.
Sec$ion 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
$$ction 4. 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.
$~¢tion 5. 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 23rd day of January , 1996.
ATTEST:
citY' C~rk
First Reading January 9~ 1996
Second Reading January 23~ 1996
- 2 - Ord. No. 3-96
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:CITYMANAGER~
SUBJECT: A~ENDA ITEM ~ IO'~'- MEETIN~ Or JANUARY 23. 1996
~C0~D RE~DING · PUBLIC .EARING FOR OR~I.A.CE NO. 3-96
(REZONING TRACTS Ac L-2, AND A PORTION OF TRACT Ro
CONGRESS PARK SOUTH)
DATE: JANUARY 12, 1996
This is second reading and public hearing (quasi-judicial) for
Ordinance No. 3-96 which rezones Tract A, a portion of Tract R
(Commerce Drive), and Tract L-2 (common landscape area) of Congress
Park South from PCC (Planned Commerce Center) to MIC (Mixed
Industrial and Commercial) District. The subject property is
located within the southeast corner of Congress Park South, which
is south of Atlantic Avenue on the west side of Congress Avenue.
The existing land use is a 77,800 sq.ft, warehouse and office
structure with associated parking and landscaping. This is a
City-initiated rezoning to accommodate the existing industrial
building which became non-conforming under the PCC zoning when
Levenger rezoned its project from PCC to MIC in October, 1995.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the rezoning be approved. At first reading on January 9th, the
Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 3-96 on second and final
reading, based upon positive findings with respect to LDR Sections
3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards
for Rezoning Actions), and policies of the Comprehensive Plan.
ref:agmemol5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ /~.~'- MEETING OF JANUARY 9. 1996
FIRST READING FOR ORDINANCE NO. 3-96 (REZONING TRACTS Ac
L-2o AND A PORTION OF TRACT R. CONGRESS PARK SOUTH)
DATE: JANUARY 4, !996
This is first reading for Ordinance No. 3-96 which rezones Tract A,
a portion of Tract R (Commerce Drive), and Tract L-2 (common
landscape area) of Congress Park South from PCC (Planned Commerce
Center) to MIC (Mixed Industrial and Commercial) District. The
subject property is located within the southeast corner of Congress
Park South, which is south of Atlantic Avenue on the west side of
Congress Avenue.
The existing land use is a 77,800 sq.ft, warehouse and office
structure with associated parking and landscaping. This is a
City-initiated rezoning to accommodate the existing industrial
building which became non-conforming under the PCC zoning when
Levenger rezoned its project from PCC to MIC in October, 1995.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the rezoning be approved.
Recommend approval of Ordinance No. 3-96 on first reading, based
upon positive findings with respect to LDR Sections 3.1.1 and
2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards for
Rezoning Actions), and policies of the Comprehensive Plan. If
passed, a quasi-judicial/public hearing will be scheduled for
January 23, 1996.
ref:agmemo!5
CITY COMMISSION DOCUMENTATION
THRU: I ECTOR
DEPARTMENT OF P~.J~NING AND ZONING
FROM:
SUBJECT: MEETING OF JANUARY 9, 1996
APPROVAL ON FIRST READING OF A CITY INITIATED REZONING
FROM PCC (PLANNED COMMERCE CENTER) TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) FOR TRACT A, A PORTION OF
TRACT R (COMMERCE DRIVE), AND TRACT L-2 (COMMON
LANDSCAPE AREA OF CONGRESS PARK SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance for a City initiated rezoning request from PCC (Planned
Commerce Center) to MIC (Mixed Industrial and Commercial) for Tract A, a
portion of Tract R (Commerce Drive), and Tract L-2 (common landscape area) of
Congress Park South, which contains approximately 5.35 acres.
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue. Tract A is located within the southeast corner of Congress
Park South.
BACKGROUND:
On October 24, 1995 the City Commission approved the rezoning of 14.62 acres from
PCC (Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed Industrial and
Commercial) for a portion of Congress Park South associated with the future expansion
of the Levenger warehouse. This rezoning left Tract A and Tract E of Congress Park
South with a zoning designation of PCC. As neither tract is appropriately zoned (does
not contain appropriate uses nor meet minimum size requirements of the PCC), the
Planning and Zoning Board initiated a rezoning of these tracts to OSR (Tract E) and
MIC (Tract A). The rezoning of Tract A from PCC to MIC is the subject of this request,
and Tract E is also before the Commission as a separate agenda item.
City Commission Documentation
Rezoning from PCC to MIC for Tract A of Congress Park South
Page :Z
ANALYSIS:
The proposal is a City initiated rezoning from PCC to MIC for Tract A, a portion of Tract
R (Commerce Drive) and Tract L-2 (common landscape area) located within the
Congress Park South development. The parcel contains an existing industrial and
warehouse building which became non-conforming with respect to the required land
area of a PCC (10 acre minimum), perimeter landscape buffers, and the Light Industry
component encompasses more than 50% of the total land area within the remaining
portion of the PCC. The change to the requested zoning will allow the industrial
building to become conforming under the MIC zone district.
Additional background and analysis of the request can be found in the attached
Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its December 19, 1995
meeting. No one from the public spoke on this item and the Board unanimously (4-0)
recommended approval.
RECOMMENDED ACTION:
By motion, approve on first reading an ordinance rezoning Tract A, a portion of Tract R,
and Tract L-2 of Congress Park South from PCC (Planned Commerce Center) to MIC
(Mixed Industrial and Commercial), based upon positive findings with respect to
Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions),
Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan.
Attachments:
· P&Z Staff Report and December 19, 1995
· Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 19, 1995
AGENDA ITEM: V.B.
ITEM: City Initiated rezoning from PCC (Planned Commerce Center) to MIC
(Mixed Industrial and Commercial) for Tract "A," Tract "L-2," and portions
of Tract "R," Congress Park South, located on the west side of Congress
Avenue, south of Atlantic Avenue.
GENERAL DATA:
Owner ............................. Banyan Lakes Village, Inc.
Applicant ......................... David Harden, City Manager
City of Delray Beach
Location ................... ; ...... On the west side of Congress
Avenue, south of Atlantic Avenue.
Property Size .................. 5.35 acres
Future Land Use Map ..... Commerce
Current PCC (Planned Commerce Center)
Zoning ................
Proposed Zoning ............ MIC (Mixed Industrial and
Commercial)
Adjacent Zoning .... North: MIC
East: MIC
South: OSR (Open Space and
Recreation)
West: MIC ,
Existing Land Use .......... Existing 77,800 square foot
warehouse and office structure
with associated parking,
landscaping.
Proposed Land Use ........ City initiated rezoning of the
subject parcels to MIC.
Water Service ................. Existing on site.
Sewer Service ................ Existing on site.
V.B.
The action before the Board is making a recommendation on a rezoning request from
PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for Tract
A, a portion of Tract R (Commerce Drive), and Tract L-2 (common landscape area) of
Congress Park South, which contains approximately 5.35 acres.
The subject property is located south of Atlantic Avenue on the west side of Congress
Avenue. Tract A is located within the southeast corner of Congress Park South.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City.
On May 24, 1983, the City Commission approved a land use change, rezoning from
PRD-4 to PCC, Conditional Use, and Site Plan for Congress Park South. The
development proposal included four office research and light industrial buildings with a
total of 230,190 square feet. In 1986, one of the buildings was constructed on Tract A
along with the internal roadways and underground infrastructure throughout the park.
As these improvements constituted more than 25% of the total project, the project was
considered vested.
At its meeting of April 13, 1993, the City Commission approved a. change in zoning from
PCC to LI for 12.4 acres (approximately the western half) of Congress Park South to
accommodate a distribution and warehouse development for Levenger's
In May of this year, Levenger's discussed with the Planning Department a_p_[oposal to
expand their existing facility. The expansion includes increasing the size of the existing
facility by 99,000 square feet to accommodate additional warehouse space on Tract B,
and a free standing 58,000 square foot pavilion on Tract D, that would contain a retail
component. In order to accommodate the expansion, proposed uses and provide a
unified development for Levenger, the Planning and Zoning Board at its October 16,
1995 meeting recommended to the City Commission a change in zoning from PCC
(Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed Industrial and
Commercial) for Tracts B, C, and D at Congress Park South.
It was also identified in the rezoning staff report that Tract A with PCC zoning would be
non-conforming with respect to the required land area of a PCC (10 acre minimum),
perimeter landscape buffers, and because the Light Industry component would
encompass more than 50% of the total land area within the remaining portion of the
PCC. Thus, the Planning and Zoning Board initiated a rezoning of Tract A from PCC to
MIC. At its meeting of November 7, 1995, the City Commission upon the second
reading of the Ordinance rezoned Tracts B, C, and D from PCC to MIC.
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 2
The owners of Tract A are in favor of the change in zoning to MIC. However, they
questioned language found in the MIC zone district under the category of permitted
uses entitled "Business Services", that such uses are permitted to the extent that the
floor area for office use is limited to 25% of the floor area whether it is accessory to the
industrial use or not. The existing 77,800 square foot structure contains approximately
27,000 square feet or 35% of the floor area devoted to offices. These offices are
accessory to the primary industrial use and could become non-conforming if the
property is rezoned.
The Planning Director's interpretation of the code is that only the separate office uses
listed in Sections 4.4.19(B)(2) Finance, Insurance, and Real Estate Services, and (3)
Business Services within the MIC zone district [see attached Exhibit A for exact
language], which are listed under distinct use categories are subject to the 25%
limitation in floor area. Office uses that are associated with an industrial use
(accessory use) would not be subject to the 25% limitation. This interpretation is
consistent with language found in the I (Industrial) zone district wherein it states under
Accessory Uses and Structures Permitted: business offices are allowed as an
accessory use to the primary industrial 'Use. It is also consistent with the current
implementation of the MIC district regulations throughout the City.
Rezoning Tract A and the associated access tract and common landscape area from
PCC to MIC is the action now requested of the Board.
The rezoning request is to accommodate an existing industrial building which became
non-conforming under the PCC zoning when Levenger rezoned its project from PCC to
MIC.
REQUIRED FINDINGS: {Chapter 3):
Pursuant to Section 3.1.1 {Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 3
The current Future Land Use designation for the subject property is Commerce.
The requested zoning change is from PCC to MIC. The proposed zoning
designation of MIC is consistent with the Commerce Future Land Use
designation.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan. These levels of service involve
Streets and Traffic, Water and Sewer, Parks and Recreation, Solid Waste and
Drainage.
As stated in the background section of this report, Tract A is vested with respect to
levels of service established within the Comprehensive Plan.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The property is bordered to the north and west by MIC (Mixed Industrial and
Commercial) zoning, to the south by OSR (Open Space and Recreation - municipal golf
course), and the east by RM (Medium Density Residential) and MIC zoning (located on
the east side of Congress Avenue).
There are no compatibility concerns noted with the municipal golf course located to the
south of the subject property or the proposed Levenger's facilities to be located to the
west and north of the subject property. With the rezoning of Tract A, all the tracts
within Congress Park South will be zoned MIC. Congress Park South will still function
as a unified development through an existing Property Owner's Association which
already has agreements in place for common maintenance, cross access, etc. Existing
landscaping will buffer the residential development to the east, which has not
experienced any notable compatibility problems with the existing building to date.
The MIC zone district allows similar uses to the PCC zone district (industrial, office, and
limited commercial) with fewer limitations i.e. no restrictions with respect to required
P&Z. Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 4
land area, percentages of uses verses land area, etc. The MIC zone district also
allows more intense uses such as monument and ornamental stone cutting, resource
recovery facilities, and storage and rental of light construction equipment as conditional
uses. However, no concerns are noted in this case, as the rezoning is being applied to
an existing building that was specifically constructed for office and industrial uses.
Section 2.4.5(D)~5) {Rezoninq Findin.qs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b.That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The justification for the City initiated rezoning is reason "b". Rezoning the other tracts
within Congress Park South to MIC caused Tract A to become non-conforming with
certain aspects of the PCC zoning. The current and proposed uses in Tract A will be
conforming under the MIC zone district. Thus, there has been a change in
circumstances which makes the current zoning inappropriate.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Courtesy notices have been sent to:
· PROD
· Golf View Condominiums
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 5
Letters of objection, if any, will be presented at the P & Z Board meeting.
The City initiated rezoning of Tract A of Congress Park South from PCC to MIC will
eliminate a non-conforming PCC district which resulted from the rezoning of the
Levenger property. The existing and proposed uses in Tract A will be conforming
under the MIC zoning. The MIC zoning district is consistent with the Commerce FLUM
designation. Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning
Findings), Section 3.1.1, and the Performance Standards of Section 3.3.2 can be
made. Based on the above, the proposed rezoning of Tract A in Congress Park South
is recommended for approval.
I
A. Continue with direction.
B. Recommend approval of the City initiated rezoning for Congress Park South Tract A
from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial),
based upon positive findings with respect to Section 3.1.1 (Required Findings) and
Section 3.3.2 (Standards for Rezoning Actions) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
C. Recommend denial of a rezoning Congress Park South, based on a failure to make
positive findings.
Recommend approval of the City initiated rezoning of Tract A, a portion~f Tract' R
(Commerce Drive), and Tract L-2 (common landscape area) of Congress Park South
from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial),
based upon positive findings with respect to Section 3.1.1 (Required Findings) and
Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
Attachment:
· Location Map
· Exhibit A
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 6
EXHIBIT A
Section 4.4.19 Mixed Industrial and Commercial (MIC) District:
(B) Principal Uses and Structures Permitted: The following types of use
are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, repair and wholesale of items and
other uses as permitted at Section 4.4.20(B).
(2) Finance, Insurance, and Real Estate Services. Finance, insurance,
and real estate services as a secondary use within any one building, but only to the
extent that the floor area for the named uses (either accessory.to an industrial use or
not) shall not exceed 25% of the floor area of the total building.
(3) Business Services. Business services as a secondary use within any
one building, but only to the extent that the floor area for all office uses (either
accessory to an industrial use or not) shall not exceed 25% of the floor area of the total
building. Such uses shall include, but not be limited to:
a) Accounting and bookkeeping services '
b) Advertising services
c) Architectural and engineering services
d) Computer and data processing services
e) Correspondence and voca{ional schools
f) Credit reporting and collectiOn
g) Detective and protective services
h) Legal services