75-94 ORDINANCE NO. 75-94
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 4.4.26(H), "SPECIAL REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE THAT ALL PRINCIPAL AND
CONDITIONAL USES SHALL BE CONDUCTED WITHIN AN
ENCLOSED BUILDING, EXCEPT FOR OUTSIDE STORAGE
OTHERWISE APPROVED; 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 4.4.19, "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 by adding
the following:
(5) Except for outside storage a~Droved
pursuant to Section 4.4.6(C)(2). all principal and
conditional uses shall be conducted within an
enclosed building.
~ 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conflict herewith be, and the same are hereby repealed.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.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October , 1994.
ATTEST:
~Cit~ ~l~rk
First Reading September 27~ 1994
Second Reading October 18~ 1994
- 2 - Ord. No. 75-94 '
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~ /~ MEETING OF OCTOBER 18. 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 75-94
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 75-94
which amends Section 4.4.19, "Mixed Industrial and Commercial (MIC)
District", Subsection (H), "Special Regulations", of the Land
Development Regulations to require that all principal and
conditional uses must be conducted within an enclosed building,
except for outside storage when approved by the Site Plan Review
and Appearance Board. 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. 75-94 on second and final
reading.
ref:agmemol8
NOTICE OF CONDITIONAL AND ACCESSORY USE CHANGES
AND AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA
The City of Delray Beach proposes to change the conditional and
accessory uses and certain supplemental district regulations for
land within the area shown in the map in this advertisement. The
proposed changes to the Land Development Regulations are more
specifically, but not limited to, the following:
(1) Amending Section 4.4.3, Single Family Residential (R-i)
Districts, Section 4.4.5, Low Density Residential (RL)
District, Section 4.4.6, Medium Density Residential (RM)
District, and Section 4.4.7, Planned Residential Development
(PRD) District, by adding height and size limits for accesssory
structures in residential zoning districts;
(2) Amending Section 4.1.4, Use of Lots of Record, of the Land
Development Regulations, to provide certain restrictions on the
use of non-conforming lots of record;
(3) Amending Section 4.4.19, Mixed Industrial and Commercial (MIC)
District, Subsection (H), Special Regulations", to require all
principal and conditional uses to be conducted within an
enclosed building, except for outside storage otherwise
approved;
(4) Amending Section 4.4.3, Single Family Residential (R-I)
Districts, Section 4.4.5, Low Density Residential (RL)
District, and Section 4.4.6, Medium Density Residential (RM)
District, to allow educational facilities as a conditional use
and home tutorial services (up to 5 students) as an accessory
use within these zoning districts.
(INSERT MAP HERE)
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed use
changes. The first Public Hearing will be held on ~
SEPTEMBER 27. 1994. 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. let Avenue, Delray Beach, Florida. If passed
on First Reading, the second Public Hearing will be held on TUESDAY.
OCTOBER 18. 1994. 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 use changes 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 copies
of the proposed amendments to the Land Development Regulations,
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 OF THE PROCEEDINGS IS MADE, WHICH 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: Delray Beach News CITY OF DELRAY BEACH
September 19, 1994 Alison MacGregor Marty
October 12, 1994 City Clerk
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Instructions to Newspaper: This ad is not to be placed in the legal
ads/classified section of the newspaper. The ad must be at least a
one-quarter (1/4) page ad, and the entire headline must be an 18
~_Q~headline. Thank you.
L-30 CANAL
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LAKE IDA ROAD
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~ LOWSON eOULEVARD ~
LINTON BLVD.
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L-38 CANAL C-15
CITY OF DELRAY BEACH MUNICIPAL LIMITS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF SEPTEMBER 27. 1994
FIRST READING FOR ORDINANCE NO. 75-94
DATE: SEPTEMBER 22, 1994
This is first reading for Ordinance No. 75-94 which amends Section
4.4.19, "Mixed Industrial and Commercial (MIC) District",
Subsection (H), "Special Regulations", of the Land Development
Regulations to require that all principal and conditional uses must
be conducted within an enclosed building, except for outside
storage when approved by the Site Plan Review and Appearance
Board. 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. 75-94 on first reading. If
passed, a public hearing will be held on October 18, 1994.
ref:agmemol8
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DIRECTOR OF PLANNING & ZONING ~ ~,)
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR AMENDMENT REQUIRING ALL USES IN THE MIC ZONING
DISTRICT TO BE CONDUCTED WITHIN AN ENCLOSED STRUCTURE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval of an amendment to LDR Section 4.4.19, Mixed
Industrial and Commercial (MIC) District, part (H), Special
Regulations.
BACKGROUND:
This amendment is the result of the consideration of numerous
proposals to address the intensity of uses permitted in the MIC
zoning district. Currently, all principal uses permitted in the
district ( i.e. manufacturing, fabrication, assembly) are
required to be conducted indoors. However, several conditional
uses which may be considered to be outdoor oriented (i.e.
lumberyards, resource recovery, stone cutting) are also
permitted in the MIC zoning district. In the past, residents
have objected to the siting of these uses at various MIC-zoned
locations, particularly those along and around Congress Avenue
between Lake Ida Road and Atlantic Avenue.
Both the Planning and Zoning Board and the City Commission
considered deleting the conditional uses from the district
altogether, however, both boards ultimately rejected that idea.
An alternative proposal involved the rezoning of several parcels
along Congress Avenue from MIC to LI (Light Industrial), which
also failed to gain support. As most of the impacts from the
uses result from the fact that they are in some cases allowed to
be conducted outdoors, the Planning and Zoning Board recommended
that a provision be added to the MIC district regulations which
would require that all uses be conducted within an enclosed
building. The City Commission supported that approach, and this
amendment is the result.
City Commission Documentation
LDR Amendment Requiring all Uses in the MIC Zoning
District to be Conducted within an Enclosed Structure
Page 2
PROPOSED LDR AMENDMENT
The proposed amendment adds the following provision,
4.4.19(H)(5), to the Special Regulations section of the MIC
District:
Except for outside storage approved pursuant to Section
4.4.6(C)(2), all principal and conditional uses shall be
conducted within an enclosed building.
Thus, the conditional uses that under current regulations may be
permitted to operate outside, will have to be conducted indoors.
Outside storage will continue to be permitted, pursuant to
approval by SPRAB.
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
approval of the amendment.
RECOMMEND ED ACTION:
By motion, approve the following amendment to LDR Section 4.4.19
(H):
Except for outside storaqe aDDroved pursuant to Section
4~4.6(C)(2), all principal and conditional uses shall be
conducted within an enclosed buildinq.
Attachment:
* P&Z Staff Report & Documentation of August 15, 1994
T:CCMICLDR.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: AUGUST 15, 1994
AGENDA ITEM: V.G. LDR AMENDMENT REQUIRING USES TO BE CONDUCTED
WITHIN A COMPLETELY ENCLOSED BUILDING WITHIN THE
MIC DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on an amendment to
Section 4.4.19 of the Land Development Regulations, MIC
(Mixed Industrial and Commercial) District.
BACKGROUND:
This amendment was initiated by the Planning and Zoning Board
during its consideration of the rezoning of several parcels
along Congress Avenue north of Atlantic Avenue from MIC to LI
(Light Industrial). The rezoning had been initiated by the City
Commission in response to concerns expressed by area residents
over the nature and intensity of uses allowed in the MIC zone,
particularly along the Congress Avenue corridor. Those concerns
primarily dealt with the conditional uses allowed in the MIC,
which include resource recovery, stone cutting, lumberyards, and
similar uses. It was felt that some of those uses may be too
intense along Congress Avenue, especially if they'involve
outside activity. The rezoning to LI was initiated because it
does not permit those conditional uses, and all uses in that
district must be conducted within an enclosed building.
At its workshop meeting of May 9, 1994, the P & Z Board
discussed alternatives to rezoning the subject properties to LI.
The Board expressed support for the idea of adopting an
amendment to the MIC district which would require that all
principal and conditional uses be conducted within an enclosed
building. Outside storage should continue to be permitted,
provided that it is appropriately screened. The Board
recommended that the restrictions apply to MIC property that is
located along an arterial road, or wherever MIC is adjacent to
residential zoning.
At the regular meeting of the P & Z Board on May 16, 1994, the
Board recommended denial of the rezoning to LI, and gave
direction to initiate an amendment to the MIC regarding the
conducting of uses within an enclosed building. On June 7,
1994, the City Commission agreed not to proceed with the
rezoning to LI, and expressed support for the proposed amendment
to the MIC district. The Commission felt, however, that the
restrictions should apply to all MIC-zoned property, regardless
of the location.
V.G.
P & Z Board Staff Report
LDR Amendment Re: Uses to be Enclosed in MIC District
Page 2
ANALYSIS:
The proposed ordinance is to be included in the Special
Regulations section of the MIC district regulations, and reads
as follows:
(5) Except for outside storage approved pursuant, to
Section 4.4.6 (C)(2), all principal and conditional uses
shall be conducted within an enclosed building.
Thus, the same principal and conditional uses that are currently
permitted in the district would continue to be allowed; however,
except for outside storage, the uses would have to be enclosed.
Pursuant to Section 4.4.6 (C)(2), outside storage may not be
located within any setback area, and must be screened in a
manner approved by SPRAB.
Staff h~s not identified any existing conforming uses that would
become nonconforming as a result of the passage of this
ordinance. A lumberyard (Causeway) was recently approved as a
conditional use in the MIC zone; however, its principal
operations are conducted indoors, with lumber stored in a
screened outside area. It is important to note that if an
outdoor use did exist, the use itself would not become
nonconforming, only the outdoor aspect.
RECOMMENDED ACTION:
By motion, recommend approval of the following amendment to LDR
Section 4.4.19, Mixed Industrial and Commercial (MIC) District,
part (H), Special Regulations:
15) Except for outside storage approved pursuant to
Section 4.4.6 (C).(2), all principal and conditional uses
shall be conducted within an enclosed building.
Report prepared by: Diane Dominguez
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