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30-94 ORDINANCE NO. 30-94 AN 6RDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19(C) OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING AUCTIONS AS AN ALLOWABLE ACCESSORY USE IN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT; 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 May 16, 1994, and has forwarded the change with a unanimous 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 change is not inconsistent with 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(C), "Accessory 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: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2) Refuse and service areas (3) Provision of services and repair of items incidental to principal uses (4) Storage of inventory, equipment or materials, within a structure or in an approved outside location (5) The conducting of auctions incidental to a principal use~ and subject to the provision of parking at the rate required for general commercial uses Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the21_~t day of Jun~ , 1994. ATTEST: City-Cl~rk June 7, 1994 First Reading Second Reading June 21, 1994 - 2 - Ord. No. 30-94 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ! O C - MEETING OF JUNE 21, 1994 ORDINANCE NO. 30-94/LDR AMENDMENT TO ALLOW AUCTIONS AS AN ACCESSORY USE IN THE MIC DISTRICT DATE: JIINE 17, 1994 This is public hearing for Ordinance No. 30-94 which amends Section 4.4.19(C) of the Land Development Regulations by adding "auctions" as an allowable accessory use in the Mixed Industrial and Commercial (MIC) District. The proposed amendment will permit the conducting of auctions as an accessory use only, incidental to an existing principal use. In response to concerns regarding the impact of the use on adjacent businesses, it also requires that parking be provided pursuant to the requirement for a general commercial use (4.5 spaces per 1,000 square feet of gross floor area). If parking is determined to be inadequate, an alternative would be to limit the use to hours when the majority of neighboring businesses are closed (evenings, weekends). If a determination can be made that adequate parking exists, or that parking will be adequate if the use is limited to certain hours, the use can be approved at an administrative level. The Planning and Zoning Board formally reviewed the proposed text amendment on May 16, 1994, and forwarded it to the Commission with a unanimous recommendation for approval. Ordinance No. 30-94 was passed on first reading on June 7 by unanimous vote of the Commission. Recommend approval of Ordinance No. 30-94 on second and final reading. CITY COMMISSION DOCUMENTATION DIANE DOMINGUEZ, ~ ~ FROM: DIRECTOR OF PLANNIff~ZONIN~~'-- (~ ~ SUBJECT: MEETING OF JUNE 7, 1994 LDR AMENDMENT ALLOWING AUCTIONS AS AN ACCESSORY USE IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to Section 4.4.19 of the Land Development Regulations, MIC zoning district. The amendment would add "auctions" as an allowable accessory use. BACKGROUND: This amendment came about as a result of a request made by the owner of an antique store in the Delray Commercial Center (formerly the Linpro Center), for a similarity of use determination. The request was that the Planning and Zoning Board find the use "auctions" to be similar to other retail uses allowed in the MIC zone. The Board considered the request at its meeting of April 18, 1994. While the members felt the use was similar, they had concerns which led to the initiation of a text amendment rather than simply a determination that the use is similar. The attached Planning and Zoning Board staff report describes the background and proposed amendment in greater detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the proposed text amendment at its meeting of May 16, 1994. Other than the applicant's representative, there was no public testimony on the item. The Board voted 7-0 to recommend that the amendment be approved. RECOMMEND ED ACTION: By motion, approve the amendment to LDR Section 4.4.19(C) adding the following as an allowable accessory use in the MIC District: (5) The conducting of auctions incidental to a principal use, and subject to the provision of parking at the rate required for general commercial uses. Attachment: * P&Z Staff Report & Documentation of May 16, 1994 T:CCAUCMIC.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 16, 1994 AGENDA ITEM: V.E. LDR AMENDMENT ADDING "AUCTIONS" AS AN ALLOWABLE ACCESSORY USE IN THE MIC DISTRICT ITEM BEFORE THE BOARD: ~The item before the Board is that of making a recommendation to the City Commission on an LDR amendment which would allow the conducting of auctions as an accessory use in the MIC (Mixed Industrial and Commercial) zoning district. BACKGROUND: At its meeting of April 18, 1994, the Planning and Zoning Board considered a request for a Determination of Similarity of Use regarding auctions in the MIC zone. An owner of an antique furniture business in the Llnpro Center (N.E. corner of Congress Avenue and S.W. 10th Street) wanted to hold auctions on an occasional basis to clear out excess inventory. Although retail sales is permitted in the district, "auctions" is not a listed use. Auctions are listed as a permitted use in the CBD, GC, and PC zoning districts. Thus, the request for a determination was presented to the Board. During the discussion of the item, Board members voiced several concerns. While they felt that the use is generally similar to other uses permitted in the district, there were concerns about the potential impacts of the use on neighboring businesses, particularly as it relates to parking. The MIC district allows a variety of uses, many of which have a lesser parking requirement than a retail or assembly type of use. It was felt that if auctions are permitted in the distlct, such a request should be subject to a review by staff as to the availability of parking. PROPOSED AMENDMENT: The proposed amendment ( copy attached), would permit the conducting of auctions as an accessory use only, incidental to an existing principal use. It would also require that parking be provided pursuant to the requirement for a general commercial use (4.5 spaces per 1,000 sq. ft. of gross floor area). Prior to approving auctions at a particular location, the business would have to verify that parking was available. In the case of the Ltnpro Center, this would involve a review of the square footage of all of the existing businesses, and the number of spaces available. If the parking were determined to be inadequate, an alternative would be to limit the conducting of V.E. Planning and Zoning Board Staff Report LDR Amendment RE: Auctions in MIC Page 2 auctions to hours when the majority of the business are closed (evenings, weekends). Thus, administrative relief for the double counting of spaces for an off-hours use would have to be granted by the Director of Planning and Zoning before the use would be permitted pursuant to LDR Section 4.6.9(C)(8)(b). ANALYSIS The proposed amendment allows the addition of a use which is similar to other uses permitted in the district. It also provides some restrictions to address the concerns related to the impact of the use on adjacent businesses. These restrictions involve the limiting of auctions to an accessory use, subject to a parking requirement that is greater than that which is typically provided in an MIC zoned development. Any requests to hold auctions at property zoned MIC will be subject to a review by staff as to the availability of parking. If a determination can be made that adequate parking exists, or that parking will be adequate if the use is limited to certain hours, the use can be approved at an administrative level. RECOMMENDED ACTION: By motion, recommend to the City Commission that the following language be added to LDR Section 4.4.19(C): (5) The conducting of auctions incidental to a principal use, and subject to the provision of parking at the rate required for general commercial uses. Attachments: * Proposed ordinance Report prepared by: 3 Section 4.4.19--MIC Zoning District (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2) Refuse and service areas '(3) Provision of services and repair of items incident~ to principal uses (4) Storage of inventory, equipment, or materials, within a structure or in an approved outside location. (5) The conductinq of auctions incidental to a principal use, and subject to the provision of parkinq at the rate required for general commercial uses. ATTORNEY AT LAW THE COURTYARD. SO,T 150 5301 NORTH FEDERAL HIGHWAY ZONING Boca RATO , LOR,DA NNING & ADMITTED PRACTICE BEFORE FLORIDA STATE & FEDERAL TRIAL COURTS CALIFORNIA US. TAX COURT VIA HAND DELIVERY April 1, 1994 City of Delray Beach Planning and Zoning Board 100 NW 1st Avenue Delray Beach, FL 33444 Re: Application of Keisarian Antiques for Determination of Similarity of Use Dear Sir/Madam: I represent Keisarian Antiques USA, Inc. located in the Delray Commercial Centre, 955-975 South Congress Avenue, Delray Beach, FL 33445. My client is a United States subsidiary of a well-known European antique house which specializes in the importation and sale of museum quality antiques acquired from European Landed Estates. My client wishes to conduct monthly auctions of estate antiques from its Delray Commercial Centre location. The auctions are expected to draw a maximum of 50 people at any one time. The location is 4,700 square feet in size and contains both men's and women's restrooms. Keisarian was under the impression at the time it entered into the Lease with the Centre that such activities were permitted under the existing zoning laws. It has recently come its attention that the applicable zoning is Mixed Industrial and Commercial. This zoning is apparently not the correct zoning for such auctions to take place. Respectfully, my client and my self would like the opportunity to meet with the Planning and Zoning Board for the purpose of obtaining from Determination of Similarity of Use to allow the auction activities as outlined above. In this respect and with the limited auction frequency which is contemplated by such use, the activity resembles the furniture and home furnishings classification as described in Section 4.4.19 (4)(e) of the City's Administrative Code. My client requests the hearing time at your first available opportunity. Letter to Delray Planning and Zoning Board Dated April 1, 1994 page 2 Please call if you-have any questions. Very truly yours, CPR: md S.W. !OTH 5'~L~'T MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/~ - MEETING OF JUNE 7, 1994 FIRST READING FOR ORDINANCE NO. 30-94/LDR AMENDMENT TO ALLOW AUCTIONS AS AN ACCESSORY USE IN THE MIC DISTRICT DATE: JUNE 1, 1994 This is first reading for Ordinance No. 30-94 which amends Section 4.4.19(C) of the Land Development Regulations by adding "auctions" as an allowable accessory use in the Mixed Industrial and Commercial (MIC) District. The proposed amendment will permit the conducting of auctions as an accessory use only, incidental to an existing principal use. In response to concerns regarding the impact of the use on adjacent businesses, it also requires that parking be provided pursuant to the requirement for a general commercial use (4.5 spaces per 1,000 sq.ft, of gross floor area). If parking is determined to be inadequate, an alternative would be to limit the use to hours when the majority of neighboring businesses are closed (evenings, weekends). If a determination can be made that adequate parking exists, or that parking will be adequate if the use is limited to certain hours, the use can be approved at an administrative level. The Planning and Zoning Board formally reviewed the proposed text amendment on May 16, 1994, and forwarded it to the Commission with a unanimous recommendation for approval. Recommend approval of Ordinance No. 30-94 on first reading. If passed, public hearing on June 21, 1994. 5-0 ref:agmemoll