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74-94 ORDINANCE NO. 74-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING SECTION 4 . 4 . 26 , "LIGHT INDUSTRIAL (LI) DISTRICT" , SUBSECTION 4.4.26 (B) , "PRINCIPAL USES AND STRUCTURES PERMITTED" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO LIMIT THE APPLICABILITY OF CERTAIN ZONE RESTRICTIONS TO PROPERTIES WHICH ARE LOCATED WITHIN WELLFIELD PROTECTION ZONES 1, 2 AND 3; 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 August 15, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 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: ~ That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26 (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) Prinoipal Uses an~ Structures Per~itte~: The following types of uses are allowed within the Light Industrial (LI) Zone District as a permitted use: (1) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the providing of testing and evaluation services for products produced by others. However, this use does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises. Further, when located within Wellfield Protection Zone 1. 2. or 3. materials used in such testing and evaluation shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (2) Wholesaling, Storage, and Distribution: The wholesaling, storage, and distribution of any product. HQwever. when located within Wellfield PrQ~ection Zone 1. 2. or 3. the 9roducts may not include those which ~/~/~~/~/~~/~/~/~~ ~/~ are listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (3) Industrial (Manufacturing, Assembly): Only manufacturing and assembly operations are allowed~ ~/~¢~/~y/~/~¢ ~¢~/~ When located within Wellfield Protection Zone 1. 2. or 3. any materials used in such operations shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4 5 5(B) (Wellfield Protection) (4) Office: General business offices and business services are allowed. However, professional offices dealing with medical activities and medicine are not permitted. ~ 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. ~ 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 18th day of October , 1994 ATTEST: First Reading September 27t 1994 Second Reading October 18~ 1994 - 2 - Ord. No. 74-94 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ¢~ITY MANAGER SUBJECT: AGENDA ITEM # /~F - MEETING OF OCTOBER 18. 1994 SECOND READING/PUBLIC HEARING FQR ORDINANCE NO, 74-94 DATE: OCTOBER 12, 1994 This is second reading and public hearing for Ordinance No. 74-94 which amends Section 4.4.26, "Light Industrial (LI) District", of the Land Development Regulations by deleting certain requirements for properties which are zoned LI but which are not located within wellfield protection zones. Please refer to the staff documentation for an analysis of the proposed amendment. The Planning and Zoning Board formally reviewed this amendment on August 15, 1994, and voted 5 to 0 to recommend that it be adopted. At first reading on September 27, 1994, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 74-94 on second and final reading. ref:agmemol7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/~D - MEETING OF SEPTEMBER 27, 1994 FIRST READING FOR ORDINANCE NO. 74-94 DATE: SEPTEMBER 22, 1994 This is first reading for Ordinance No. 74-94 which amends Section 4.4.26, "Light Industrial (LI) District", of the Land Development Regulations by deleting certain requirements for properties which are zoned LI but which are not located within wellfield protection zones. Please refer to the staff documentation for an analysis of the proposed amendment. The Planning and Zoning Board formally reviewed this amendment on August 15, 1994, and voted 5 to 0 to recommend that it be adopted. Recommend approval of Ordinance No. 74-94 on first reading. If passed, a public hearing will be held on October 18, 1994. ref:agmemol7 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN. CITY MANAGER SUBJECT: MEETING OF SEPTEMBER 27, 199~/ LDR AMENDMENT REVISING CERT;~IN REQUIREMENTS RELATED TO WELLFIELD PROTECTION IN THE LI (LIGHT INDUSTRIAL) ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to LDR Section 4.4.26, Light Industrial (LI) District. The proposed amendment would delete certain requirements for properties not located within wellfield protection zones. BACKGROUND: This amendment was initiated by the Planning and Zoning Board during its consideration of the rezoning of properties along Congress Avenue from MIC to LI. The LI District was created primarily to apply to property located in wellfield protection zones. There are certain restrictions and limitations built into the district which provide extra protection against groundwater contamination. However, the zoning district has certain characteristics that make it suitable for areas other than wellfield zones. In those cases, the restrictions represent an unnecessary limitation on the use of the property. PROPOSED LDR AMENDMENT The amendment adds language that will retain the existing restrictions on the types and quantities of materials used on LI zoned property, when that property is located in Wellfield Zones 1, 2, or 3. If the property is not located within those zones, it is no longer subject to those restrictions. City Commission Documentation LDR Amendment Revising Certain Requirements Related to Wellfield Protection in the LI Zoning District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 15, 1994. The Board voted 5-0 to recommend that the amendment be adopted. RECOMMEND ED ACTION: By motion, approve the amendment to LDR Section 4.4.26, Light Industrial (LI) District, as provided in the attached Planning and Zoning Board staff report. Attachment: * P&Z Staff Report & Documentation of August 15, 1994 T:CCLILDR.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 15, 1994 AGENDA ITEM: V.E. LDR AMENDMENT REGARDING WELLFIELD PROTECTION REGULATIONS IN THE LI ZONE ITEM BEFORE THE BOARD: The item before the Board is that of recommending approval of an amendment to Section 4.4.26 of the Land Development Regulations, LI (Light Industrial) District. The amendment modifies provisions in the district regarding wellfield protection measures. BACKGROUND: This amendment came about during consideration by the Planning and Zoning Board of the rezoning from MIC (Mixed Industrial and Commercial) to LI (Light Industrial) of several parcels located along Congress Avenue, north of Atlantic Avenue. At its meeting of May 16, 1994, the Board recommended denial of the rezoning, based in part upon restrictions built into the LI district that were considered to be inappropriate for the Congress Avenue properties. Those restrictions involve limitations on the types and quantities of materials that can be handled on properties zoned LI. The LI district was created primarily to apply to properties which, while suitable for industrial uses, require special regulations because of their proximity to potable water supply wells. The LI district allows industrial type uses such as manufacturing, assembly, and wholesale/distribution, but restricts the materials that can be handled. The restrictions involve substances listed in Palm Beach County's Wellfield Protection Ordinance, and apply to all properties zoned LI, regardless of whether or not the property is located near a well or within a Wellfield Protection Zone. During its consideration of the rezonlng, the Board noted that the Congress Avenue properties were not located within a Wellfield Protection Zone, and that the provisions in the LI zoning district were unnecessarily restrictive. While there were a number of other reasons for the Board's recommendation of denial, this issue was identified as one that needed to be addressed. At the May 16th meeting, the Board initiated an amendment to the LI district that would incorporate the desired changes. A draft of that amendment is attached. U.S. P & Z Staff Report LDR Amendment Re: LI Zoning District Page 2 ANALYSIS: The Palm Beach County Wellfield Protection Ordinance contains provisions which regulate the use, handling, production, and storage of certain substances which could adversely affect potable water supply wells and wellfields. The ordinance provides a list of the regulated substances, and describes the types of preventive measures that must be taken in each of the four wellfield zones. The regulations are most restrictive within Zone 1, and least restrictive within Zone 4. For instance, uses involving regulated substances must use special containment equipment and provide monitoring wells in order to operate in Zones 1 and 2. Uses in Zone 4 are not required to have any special equipment, however, they must perform daily inspections and report spills as outlined in the ordinance. In addition to the provisions of the wellfield ordinance, properties zoned LI are currently subject to ~dditional restrictions on substances handled, whether or not the property is located within a wellfield zone, or regardless of which zone it is in. The attached amendment would limit the applicability of those restrictions to properties which are located within Wellfield Protection Zones 1, 2, and 3. These are the zones which are in closest proximity to the actual wells (Zone 1 being the closest), and for which the Wellfield Protection Ordinance provides the strictest measures. It should be noted that any nonresidential use within a wellfield zone is subject to the provisions of the Wellfield Protection Ordinance, regardless of the zoning district. RECOMMENDED ACTION: By motion, recommend approval of the attached amendment to LDR Section 4.4.26, Light Industrial District. Attachment: * Proposed amendment Report prepared by: Diane Dominguez Section 4.4.26 Light Industrial (LI) District (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the Light Industrial (LI) Zone District as a permitted use: (1) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the providing of testing and evaluation services for products produced by others. However, this use does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises. Further, when located within Wellfield Protection. Zone 1, 2~ or 3~ materials used in such testing and evaluation shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (2) Wholesaling~ Storage, and Distribution: The wholesaling, storage, and distribution of any product, however, when located within Wellfield Protection Zone 1,. 2~ or 3, the products may not include those which ~ ~Z ~9~ ~ ~~ ~f ~ ~~ WM~M ~ are listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (3) Industrial (Manufacturing, Assembly): Only manufacturing and assembly operations are allowed ~M~ ZM~M 6~ Z~ Z~ ~iZ~MZ ZM~Z. When located within Wellfield Protection Zone 1, 2, or 3~ any materials used in such operations shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection).