58-95 MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ I0 /~ - MEETING OF NOVEMBER 7. 1995
SECOND PUBLIC HEARING & SECOND READING FOR ORDINANCE NO.
~8-95 (TEXT AMENDMENT TO THE MIXED INDUSTRIAL AND
COMMERCIAL ZONING DISTRICT~
DATE: OCTOBER 30, 1995
This is second reading and the second of two public hearings for
Ordinance No. 58-95 which amends the Mixed Industrial and
Commercial (MIC) zoning district by deleting "furniture and home
furnishings, including appliances", from the Retail Trade category
(where the use cannot exceed 25% of the total floor area of the
building), and adds as a separate category under permitted uses,
"Interior Design and Furnishings", thereby eliminating the 25%
limitation. In addition, Section 4.4.19(H)(3) as currently
written provides that each building must have at least 50% of its
floor area devoted to industrial use. Since this would not always
be the case with a home furnishings store, the proposed amendment
deletes that section.
This LDR amendment was initiated by the City Commission on August
29, 1995. The Planning and Zoning Board considered it at public
hearing on September 18, 1995, and voted unanimously to recommend
approval.
Because this ordinance proposes to change the actual list of
permitted uses within a zoning category (i.e. the MIC district),
two public hearings are required pursuant to Florida Statutes
Chapter 166. The first public hearing was held at first reading of
the ordinance, at which time it was passed by unanimous vote. The
second public hearing is scheduled as usual at second reading.
Recommend approval of Ordinance No. 58-95 on second and final
reading.
ref:agmemo6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~O~ - MEETING OF OCTOBE~ 24, 1995
FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO.
~-95 ~TEXT AMENDMENT TO THE MIXED INDUSTRIAL AND
COMMERCIAL ZONING DISTRICT)
DATE: SEPTEMBER 15, 1995
This is first reading and the first of two public hearings for
Ordinance No. 58-95 which amends the Mixed Industrial and
Commercial (MIC) zoning district by deleting "furniture and home
furnishings, including appliances", from the Retail Trade category
(where the use cannot exceed 25% of the total floor area of the
building), and adds as a separate category under permitted uses,
"Interior Design and Furnishings", thereby eliminating the 25%
limitation. In addition, Section 4.4.19(H)(3) as currently
written provides that each building must have at least 50% of its
floor area devoted to industrial use. Since this would not always
be the case with a home furnishings store, the proposed amendment
deletes that section.
This LDR amendment was initiated by the City Commission on August
29, 1995. The Planning and Zoning Board considered it at public
hearing on September 18, 1995, and voted unanimously to recommend
approval.
Because this ordinance proposes to change the actual list of
permitted uses within a zoning category (i.e. the MIC district),
two public hearings are required pursuant to Florida Statutes
Chapter 166. Hence, the first public hearing has been noticed in
conjunction with first reading of the ordinance, while the second
public hearing will be scheduled as usual at second reading.
Recommend approval of Ordinance No. 58-95 on first reading. If
passed, the second public hearing will be held on November 7, 1995.
ref:agmemo6
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
SUBJECT: MEETING OF OCTOBER 24, 1995
COMMERCIAL (MIC) DISTRICT, ADDING" ''' 'INTERIO~ DESIGN AND
FURNISHINGS" AS A PERMITTED USE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an amendment to the LDRs.
The affected sections are contained in the MIC zoning district regulations, and include
Sections 4.4.19(B)(4), (B)(5) and (H)(3).
BACKGROUND:
This amendment was initiated by the City Commission at a special meeting held on
August 29, 1995. It was intended to accommodate the establishment of an ABC
Carpets store in the former Kraft building, which is zoned MIC. That proposal has been
withdrawn, however, it is appropriate to proceed with the amendment. The attached P &
Z staff report includes additional background, as well as an analysis of the request.
It should be noted that subsequent to the P & Z Board's consideration of this item, a
section of the MIC regulations was identified as perhaps being inconsistent with the
change. Section 4.4.19(H)(3) requires that every building have at least 50% of its floor
area devoted to an industrial use. That would not always be the case with a home
furnishings store. The amendment that is before the Commission deletes that section.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of September 18,
1995. There was no public testimony on the item. The Board voted unanimously to
recommend approval of the amendment.
RECOMMENDED ACTION:
[] By motion, approve the amendment adding "Interior Design and
Furnishings" to LDR Section 4.4.19, MIC District, as provided in the
attached ordinance.
Attachments:
· P&Z Staff Report of September 18, 1995
· Proposed LDR amendment
· Ordinance (by others)
PROPOSED AMENDMENT TO THE MIC ZONING DISTRICT
Delete/amend the following:
Section 4.4.19(B)(4)
(a) Apparel and accessory stores
(b) Bakeries
(c) Building materials and garden supplies, except mobile home dealers
(d) Camera and photographic equipment and supplies
~'~ Fur.-.!tur~ '`"'~ hcm~ ~ .... ~"~'I""" ~""""~ ..... 'I ....
(4) Le3 Hobbies, games, and toys
{-ej) .(-O Jewelry, gifts, novelties
t~,~,, ,~ Lg) Luggage and leather goods
(-I-) (h) Mail order houses
(j-) ~ Radio and television sets
(-k-) ~ Seasonal holiday items (Christmas trees, fruit baskets, other seasonal
items)
{1-) (k) Sporting goods, including bicycles
Section 4.4.19(H)
(-4) L~ Overhead doors shall be prohibited from facing a public right-of-
way.
(-~-) (4) Except for outside storage approved pursuant to Section
4.6.6(C)(2), all principal and conditional uses shall be conducted within an
enclosed buildings.
Add the following:
Section 4.4.19(B)(5)
Interior Design and Furnishings. The wholesale, retail, storage and
distribution of home furnishings, floor coverings, wall coverings, lighting, and
other items related to the finishing and furnishing of interior space.
s:planni\docume\reports\ccmic
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 18, 1995
AGENDA ITEM: V.G. AMENDMENT TO LDR SECTION 4.4.19, MIXED
INDUSTRIAL AND COMMERCIAL DISTRICT, ADDING
"INTERIOR DESIGN AND FURNISHINGS" AS A
PERMITTED USE
ITEM BEFORE THE BOARD:
The item before the Board is the making of a recommendation to the City
Commission regarding an amendment to the Land Development Regulations
(LDRs). The amendment involves a change to the permitted uses in the MIC
(Mixed Industrial and Commercial)' zoning district.
BACKGROUND:
At the August 14, 1995 P & Z Board workshop, a presentation was made by
representatives for ABC Carpets, a floor covering and home furnishings store.
ABC was considering establishing a store in the former Kraft Building, located on
Congress Avenue south of the Palm Beach County governmental complex. The
building is zoned MIC. The use as described consists of the retail sales of
home furnishings~ conducted in a warehouse setting. The MI'C zoning district
permits retail sales, but only as a secondary use, and only to the extent that it
would occupy no more than 25% of any one building.
The Board was supportive of allowing this type of use in the MIC, as it has
characteristics that are similar to a warehouse use, and would also tend to have
a lesser parking requirement than general retail sales. After further discussion
with ABC Carpets and City administrative staff, a modification to the MIC zoning
district was proposed and initiated by the City Commission at a special meeting
on August 29, 1995.
ABC Ca[pets has since withdrawn their plans to move into the Kraft building,
howevgr,' as the amendment was formally initiated, it is appropriate to act upon
it.
P & Z Memorandum Staff Report
Home Furnishings in MIC
Page 2
ANALYSIS:
The amendment would add the following as a category of principal uses
permitted in the district:
Section 4.4.19(B)
5. Interior Design and Furnishings. The wholesale, retail, storage, and
distribution of home furnishings, floor coverings, wall coverings,
lighting, and other items related to the finishing and furnishing of
interior space.
There are presently several .home furnishing and antique dealers located in the
MIC, under the provision that allows retail sales to occupy up to 25% of any
building. Having this category as a separate listing would eliminate the 25%
limitation. The addition of this language may help to attract additional furniture
sales and distribution operations to the area. Such uses .will not create a
difficulty with the relatively Iow parking space to square footage ratio permitted in
the MIC, as much of the floor area will be devoted to the storage and display of
large items.
With the addition of this language to the permitted uses section, it would be
appropriate to delete the following from the list of retail items subject to the'25%
floor area limitation?
Section 4.4.19(B)(4)
(e) Furniture and home furnishings, including appliances
RECOMMENDED ACTION:
By motion, recommend to the City Commission adoption of the attached
amendment to the LDRs, allowing "Interior Design and Furnishings' as a
permitted use in the MIC zoning district.
Attach'~n'ents:
o Proposed amendment
Report prepared by: Diane Dominguez
s:\Reports\PZMIC.DOC
', ~9/i811995 14:4~ 4873619533 S£COiLAWiP~E=/MG~T ~AGE 82
SAMUEL J. CANq['OR, P.A.
ATTORNEY AT LAW
1489 W. PALMETTO PAZK ROAD. SUITE 485
~407) .36~-D859
T~:LEFAX (407) 361-95~3
~A~U~L J. CA1~TORe . '.':
September 18, 1995
Diane Dominguez
Director of Planning and Zoning
CITY OF DELRAY BEACH
~00 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: MIC Zoning
Dear Diane:
Please be advised that the undersigned represents Delray Commerce Centre which is
currently zoned MIC. Both my clients and myself highly recommend the adoption of the
amendment to the MIC zoning which would allow "Interior Design and Furnishing' as a
category of principal uses rather than as a retail item subject to the 25% floor area
limitation. This amendment would attract additional furniture sales and distribution
operations to Delray Commerce Centre which l~esently would be precluded.
--'~---~$am ueyanto SJC:jac
ORDINANCE NO. 58-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19,
"MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT",
SUBSECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY DELETING "FURNITURE AND
HOME FURNISHINGS, INCLUDING APPLIANCES" AND ADDING
"INTERIOR DESIGN AND FURNISHINGS"; AMENDING SECTION
4.4.19(H), "SPECIAL REGULATIONS", BY DELETING
SUBPARAGRAPH 4.4.19(H)(3) IN ITS ENTIRETY, AND
RENUMBERING THE REMAINING SUBPARAGRAPHS; 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 subject matter at its meeting of September
18, 1995, and has forwarded the change with a recommendation of
approval by a vote of 6 to 0; 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 change is consistent with and furthers 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 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Subsection 4.4.19(B), "Principal 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:
(B) Principal Uses an~ 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 use (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
Computer and data processing services
(e) Correspondence and vocational schools
(f) Credit reporting and collection
(g) Detective and protective services
(h) Legal services
(4) Retail trade. Retail uses as a secondary use
within any one building, but only to the extent that the floor area
for all retail use (either accessory to an industrial use or not)
shall not exceed 25% of the floor area of the total building.
Although an intent of this zoning district is to allow retailing of
items manufactured, repaired, or wholesaled on-site, additional retail
uses may be allowed. Such additional uses may include, but are not
limited to:
(a) Apparel and accessory stores
(b) Bakeries
(c) Building materials and garden supplies,
except mobile home dealers
(d) Camera and photographic equipment and
supplies
(~) Hobbies, games and toys
(~) Jewelry, gifts, novelties
(~) Luggage and leather goods
(~h) Mail order houses
(~i) Radio and television sets
(~) Seasonal holiday items (Christmas trees,
fruit baskets, other seasonal items)
(~) Sporting goods, including bicycles
(5) Interior Design and Furnishings. The wholesale.
retail, storage and distribution of home furnishings, floor coverings.
wall coverings, lighting, and other items related to the finishing and
furnishing of interior
- 2 - Ord. No. 58-95
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Subsection 4.4.19(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Special Regulations:
(1) Loading and unloading shall be restricted to side
and rear yards and shall be prohibited within the front yard setback.
(2) Within the front yard setback, the first ten feet
(10') abutting the right-of-way shall be a landscaped area within
which no paving shall be allowed except for driveways and walkways
leading to structures on the premises. Such driveways and walkways
shall be generally perpendicular to the property line.
(~) Overhead doors shall be prohibited from facing a
public right-of-way.
(~) Except for outside storage approved pursuant to
Section 4.6.6(C)(2), all principal and conditional uses shall be
conducted within an enclosed building.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
- 3 - Ord. No. 58-95
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of November , 1995.
ATTEST:
J City C~/erk' '
First Reading October 24~ 1995
Second Reading November 7, 1995
- 4 - Ord. No. 58-95
· CITY OF DELRAY BEACH '
NOTICE OF PRINCIPAL USE CHANGE
ORD CE NO. 58-95
The City of Delray Beach proposes to adOpt the following
ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF.THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING SEC-
TION 4.4.19,'"MIXED INDUSTRIAL AND COMMERCIAL
(MIC) DISTRICT", SUBSECTION 4.4.19 (B) 'PRINCIPAL
USES AND STRUCTURES PERMITTED" OF THE LAND
DEVELOPMENT REGULATIONS' OF THE CITY OF DELRAY
BEACH BY DELETING "FURNITURE AND HOME FUR-
NISHINGS, INCLUDING APPLIANCES" AND ADDING
"INTERIOR DESIGN AND FURNISHINGS" AS A PRINCIPAL
USE; 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 on the ordinance.
The first Public Hearing Will be held on Tuesday. October 24.
1995. at 7:00 _~.m., in the City Commission Chambers at City
Hall, 100 N.W. l st Avenue, Delray Beach, Florida. If passed
on First Reading, a second Public Hearing will be held on
Tuesday. November 7. 1995. at 7:00 _p.m.
All interested citizens am invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing to the Planning Department. Copies of
the ordinance are available from the Planning and Zoning
Department, 100 N.W. 1st Avenue (Phone 243-7040),
between the hours of 8:00 a.m. and 5:00 p.m. on weekdays
(excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE C!TY COMMIS-
SION WITH RESPECT TO ANY MAq=rER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEED-
INGS IS MADE WHICH RECORD INCLUDES THE TESTi-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE
SUCH RECORD PURSUANT TO FS 286.0105.
CITY OF DELRAY BEACH
ALISON MACGREGOR HARTY
CITY CLERK
PUBLISH: OCTOBER 16, 1995
. NOVEMBER 1, 1995
The News
Boca Raton/Delray Beach
Ad #714032
CITY OF DBRAY BEACH
NOTICE OF PRBIClPAL USE CHANGE
iNU)IgAltCE NO. 58-95
The City of Delray Beach proposes to adopt the following
ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING SEC-
TION 4.4.19, 'MIXED INDUSTRIAL AND COMMERCIAL
(MIC) DISTRICT", SUBSECTION 4.4.19 (B) "PRINCIPAL
USES AND STRUCTURES PERMITTED" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY DELETING "FURNITURE AND HOME FUR-
NISHINGS, INCLUDING APPLIANCES" AND ADDING
'INTERIOR DESIGN AND FURNISHINGS" AS A PRINCIPAL
USE; 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 on the ordinance.
The first Public Hearing will be held on Tuesda_v~. October 24.
1995. at 7:IXI p.m., in the City Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed
on First Reading, a second Public Hearing will be held on
Tuesday. November 7. 1995. at 7:00 p.m.
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing to the Planning Department. Copies of
the ordinance are available from the Planning and Zoning
Department, 100 N.W. 1st Avenue (Phone 243-7040),
between the hours of 8:00 a.m. and 5:00 p.m. on weekdays
(excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMIS-
SION WITH RESPECT TO ANY MA'FI'ER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEED-
INGS IS MADE WHICH RECORD INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE
SUCH RECORD PURSUANT TO FS 286.0105.
CITY OF DELRAY BEACH
ALISON MACGREGOR HARTY
CITY CLERK
PUBLISH: OCTOBER 16, 1995
NOVEMBER 1, 1995
The News
Boca Raton/Deiray Beach
Ad #714032