Ord 44-99 ORDINANCE NO. 44-99
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(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY DELETING SUBPARAGRAPH 4.4.19(D) (1) (c)
AND BY ADDING A NEW SUBPARAGRAPH 4.4.19(D)(2)(f)
TO ALLOW ~TOWING SERVICES WITH OUTSIDE STORAGE'
AS A CONDITIONAL USE IN THE MIC ZONE 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 proposed text amendment at a public
hearing on October 18, 1999, and voted unanimously to recommend
adoption of the proposed amendment; 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 4, "Zoning Regulations", Section
4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection
4.4.19(D), "Conditional Uses and Structures Allowed", Subparagraph
4.4.19(D) (1), of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional
uses within the MIC Zone District:
(a) Kennels, no on-site disposal of
carcasses;
(b) Material and component recovery for
reuse, such as the disassembly and resale
of computer components, appliances, and
electrical components. This does not
include resource recovery facilities as
described and regulated by Section
4.3.3(Z);
(c~) Automobile paint, body and repair shops;
(de) Boat repair and service;
(e~) Self-Service Storage Facilities (SSSF),
pursuant to the provisions set forth in
4.3.3(A)
Section 2. That Chapter 4, "Zoning Regulations", Section
4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection
4.4.19(D), "Conditional Uses and Structures Allowed", Subparagraph
4.4.19(D) (2), of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(2) The following additional uses are also allowed
as conditional uses in the MIC zoning
district. However, any outside storage
associated with such uses may not be located
within one hundred and fifty feet (150') of
any property line adjacent to an arterial
roadway (excluding Interstate 95):
(a) Lumberyards;
(b) Garages and lots for the parking and
storage of vehicles, including the
storage of light trucks, up to and
including two-ton trucks;
- 2 - Ord. No. 44-99
(c) Storage and rental of light construction
equipment not over twenty-four feet
(24'), eight feet (8') wide, and ten feet
(10') high;
d) Monument and ornamental stone cutting;
e) Rental and sales of modular buildings~i
and
f) Towinq services, with outside storage.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 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.
Section 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 16th day of November , 1999.
ATTEST: /pA/OR
- 3 ~i%9~lerk !
First Reading November 2, 1999
Second Reading November 16, 1999
- 3 - Ord. No. 44-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~./~/"/{
SUBJECT: AGENDA ITEM #/Or. REGULAR MEETING OF NOVEMBER 16, 1999
ORDINANCE NO. 44-99 (TOWING SERVICES WITH OUTSIDE
STORAGE AS A CONDITIONAL USE IN THE MIC DISTRICT)
DATE: NOVEMBER 12, 1999
This is second reading and a public hearing for Ordinance No. 44-99 which amends LDR Section
4.4.1902))(2) to include towing services with outside storage as a conditional use within the Mixed
Industrial and Commercial 0V[IC) zoning district. The text amendment has been requested by Accel
Towing. The company wishes to relocate from 1208 Georgia Street to the property at the northwest
comer of Georgia Street and Lime Lane, which they currently use for storage. The development
proposal for the site includes construction of a perimeter wall, perimeter landscaping, and
construction of a building for an office and a shop. In addition to towing services, there will be
associated outside storage, auto repair and body work. The request is to allow outside storage
associated with towing services.
In order to accommodate towing services with associated storage, towing services should be included in
Section 4.4.19(I2))(2) which prohibits outside storage within 150 feet of a property line adjacent to an
arterial roadway. This would be similar in impact as parking lots for storage of vehicles and storage of
light construction equipment. In addition, the storage areas are to be screened in a manner approved
by the Site Plan Review and Appearance Board. As the storage areas are to be set back 150 feet from
the arterial and screened, the concerns with aesthetics is diminished. For any property within the MIC
district, including those properties that are not located adjacent to an arterial, the storage area is not
allowed within the setback areas. Within the MIC district, the setback requirements are 25 ft. front,
25 ft. side street, 10 ft. side interior, and 10 ft. rear.
On October 18, 1999, the Planning and Zoning Board held a public hearing on the proposed text
amendment. There was no public testimony. The Board felt that towing services with no outside
storage should still be classified as a conditional use due to the associated company trucks and needed
maneuvering areas. After discussion, the Board voted unanimously to recommend that LDR Section
4.4.190D)(2) be amended to allow Towing Services with outside storage as a conditional use in the MIC
zoning district. At first reading on November 2, 1999, the City Commission passed the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 44-99 on second and final reading, based upon the findings
and recommendation of the Planning and Zoning Board.
RefiAgmemo21.Ord.44-99.Towing Services in MIC
PLANNING ANDzoNING BOARD MEMO~NDUM STAFF REPORT. I
MEETING DATE: OCTOBER 18, 1999
AGENDA ITEM: V.H. - AMENDMENT TO LDR SECTION 4.4.19(B) AND (D)
REGARDING TOWING SERVICES IN THE MIC (MIXED
INDUSTRIAL AND COMMERCIAL ZONING DISTRICT
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR text amendment to Section 4.4.19(D) Mixed Industrial and Commercial
(MIC) zoning district, Conditional uses and Structures Allowed, to add "towing services with
outside storage" as a conditional use, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning Board.
At the time of preparation of the Land Development Regulations (LDRs), there were
discussions regarding the types and intensity of uses allowed in the MIC zone district, as well
as the poor condition of several developments within the district. The concerns related to the
uses along the Congress Avenue corridor. With the adoption of the LDRs in October 1990,
the MIC zone district accommodated only those industrial uses that which were allowed as
principal uses in the I (Industrial) zone district. There were no conditional uses listed. As
such, the conditional uses previously established prior to adoption of the LDRs became
nonconforming.
One of these uses was GELCO modular trailers located at 200 N. Congress Avenue. It was
the consensus of the Planning and Zoning Board and City Commission that some conditional
uses should be allowed in the MIC zone district. On January 29, 1991, the City Commission
approved an LDR amendment to add 8 conditional uses to the MIC zone district as follows:
1. Garages and lots for the parking and storage of vehicles, including the storage of light
trucks, up to and including two-ton trucks;
2. Kennels, no on-site disposal of carcasses;
3. Lumberyards;
4. Monument and ornamental stone cutting;
5. Rental and sales of modular buildings;
6. Resource recovery facilities, pursuant to the provisions of 4.3.3(Z);
7. Storage and rental of light construction equipment not over twenty-four feet (24') long,
eight feet (8') wide, and ten feet (10') high; and,
8. Towing services and attendant storage.
Planning & Zoning Board Staff Report
Towing Services in the MIC Zone District - LDR Text Amendment
Page 2
In June, 1994, both the Planning and Zoning Board and the City Commission rejected a
proposal to rezone several parcels along Congress Avenue from MIC to LI, and opted
instead to consider changes to the development standards.
In October, 1994, the MIC district regulations were amended to require that all uses be
conducted completely within an enclosed building, except for approved outside storage which
must be screened from view.
In November, 1995, the district regulations were amended to add "Interior Design and
Furnishings" as permitted use.
In 1996, the City Commission directed staff to again review the allowable uses in the MIC
district, particularly as they relate to the intensity of uses in the Congress Avenue corridor.
At its meeting of February 24, 1997, the Planning and Zoning Board formally initiated
amendments to the MIC district regulations. The purpose of the amendment was to allow for
uses that would create opportunities for a broad mix of businesses to operate in a clean and
controlled environment, benefiting from the synergy of a well-mixed business climate. It
clarified the intended goal of the district and attempted to improve the aesthetics along
arterial roadways such as Congress and Atlantic Avenues. In addition, the amendment
sought to eliminate or severely restrict uses that would detract from these opportunities. With
the text amendment, towing services were to be deleted from the list of allowable conditional
uses due to their overall negative impacts related to the outside storage of such "inventory"
as wrecked cars. It was identified that by doing so, two towing companies would become
nonconforming.
During the Planning and Zoning Board public hearing on July 21, 1997, the Board felt that
towing services with no outside storage should be allowed as a conditional use, if they were
not on arterial streets. Thus, towing services with no outside storage was to be added. In
addition, automobile paint, body and repair, and boat repair and service were added as
conditional uses, and resource recovery facilities deleted.
At its meeting of September 23, 1997, the City Commission approved the text amendment
which included towing services, with no outside storage. In addition, for those conditional
uses that allow outside storage, a special provision was added to exclude that storage from
being located within 150' of an arterial roadway (except 1-95).
An amendment to the MIC zone distdct regulations has been requested by Accel Towing who
wishes to relocate from 1208 Georgia Street to the property at the northwest corner of
Georgia Street and Lime Lane, which they currently use for storage. A site inspection was
conducted and it appears the property is being used as a junkyard with vehicles parked and
stored in the right-of-way. There is currently a Code Enforcement case pending (#97-
00036238) for the property as the applicant is pursuing approval to improve the site to
accommodate the proposed towing service. The development proposal for the site includes
construction of a perimeter wall, perimeter landscaping, and construction of a building for an
Planning & Zoning Board Staff Report
Towing Services in the MIC Zone District - LDR Text Amendment
Page 3 .....
office and a shop. In addition to towing services, there will be associated outside storage,
auto repair and body work.
The request is to allow outside storage associated with towing services. Thus, the proposed
text amendment is to eliminate Section 4.4.19(D)(1)(c) (Towing services, with no outside
storage) and add 4.4.19(D)(2)(f) (Towing services, with outside storage).
LDR Section 2.4.5(M)(5) (Findin_clS): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and Policies of
the Comprehensive Plan.
Towing services, with no outside storage [ref. LDR Section 4.4.19(D)(1)(c)] is allowed in the
MIC zone district as a conditional use, and towing service, with associated storage is allowed
as a conditional use in the I (Industrial) zone district [ref. LDR Section 4.4.20(D)(18)].
Pursuant to the LDRs, towing services with attendant storage facilities, is defined as a
business whose primary service is the towing and storage of motor vehicles, and does not
include the towing of motor vehicles incidental to an automobile repair facility. Motor vehicles
meeting the definition of "inoperable" per Delray Beach Code of Ordinances Section 90.01
must be turned over to a licensed junkyard within 72 hours unless housed within an enclosed
building.
As previously stated, "towing services with outside storage" was eliminated from the MIC as
an allowable use due to the overall negative impacts related to the outside storage of
wrecked vehicles. In some instances, these types of uses eventually become junkyards and
vehicles are stripped for parts. Junkyards are allowed as a conditional use in the I
(Industrial) zone district. Most of the towing services that do exist typically store the vehicles
indoors or transfer them to repair facilities or junkyards within a few days. In order to
accommodate towing services with associated storage, towing services should be included in
Section 4.4.19(D)(2), which prohibits outside storage within 150' of a property line adjacent to
an arterial roadway. This would be similar in impact as parking lots for storage of vehicles,
and storage of light construction equipment. In addition, the storage areas are to be
screened in a manner approved by SPRAB (Site Plan Review and Appearance Board). As
the storage areas are to be set back 150' from the arterial and screened, the concerns with
aesthetics is diminished. For any property within the MIC district, including those properties
that are not located adjacent to an arterial, the storage area is not allowed within the setback
areas. Within the MIC zone district, the setback requirements are: 25' front, 25' side street,
10' side interior, and 10' rear.
If the inoperable vehicles are not transferred within 72 hours, then the site is classified as a
junkyard, which is not permitted in the MIC zone district. "Towing services with no outside
storage" would be eliminated as a conditional use, and could possibly be added as a
permitted use in the district.
Planning & Zoning Board Staff Report
Towing Services in the MIC Zone District - LDR Text Amendment
Page 4 .....
The applicant could have applied to rezone the property to I (Industrial), however, there does
not appear to be a clear basis for rezoning. The proposed text amendment is consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
REVIEW. By OTH E RS:
The proposal is not in a geographical area requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic
Preservation Board).
Courtesy Notices:
A special courtesy notice was provided to the following civic and homeowner's associations:
· Chatelaine · Rainberry Bay
· High Point Section I · Rainberry Lake
· Greensward Village · Villas of Rainberry Lake
· Hanover Square · Sherwood Forest
· The Hamlet · The Sudan
· Pines of Delray North ° Windycreek
· President's Council ° Woodlake
· Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
By motion, recommend to the City Commission that LDR Section 4.4.19(D)(2)(Conditional
Uses and Structures Allowed) be amended to include towing services with attendant outside
storage, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Attachments:
· Proposed Amendment
· Zoning Map
· Request Letter
.... ,GULF STREAM BLVD.
C11¥ OF DELRI¥ BELCH, FLORIDI
L-30 CANAL
r
i
.~ LAKE IDA ROAD
/ .................... j ATLANTIC
ATLANTIC S.W. 2N~
~ LOWSON BOULEVARD S.W. 10TH STREET
LINTON BOUL£VARD Is
LIN' I BOULEVARD
~ L-38 CANAL C-15 CANAL I
CITY LIMITS ...........
MILE
~ MIC ZONING DISTRICTS
PLANNING DEPARTMENT
MAP REF: LMA42
I rJl I rll l rlng and zoning consult'-,ts
rezoning
concurrency
conditional use
special exceptions
DRC
site plan approval
annexations
comp plan
amendments,
August 24, 1999 variances
(county, state,
municipal)
Diane Dominguez, Planning & Zoning Director abandonments
palm beach
City of Delray Beach broward
1 O0 NW 1st Ave. dado &
Delray Beach, FL 33444 all counties
& cities
HAND DELIVERED in florida
RE: Amend Land Development Code - in MIC Zoning District
Section 4.4.19 (D) (1) (c) -Towing services with no outside storage,
Dear Diane;
This letter is with regard to our meeting June 1, 1999 (with Jeff Costello attending),
when we discussed the possibility of rezoning Accel Towing on Georgia Street. I
informed you there would be a new owner and that the operation would be moving
from their current location in the warehouse at 1208 Georgia Street to the lot they
use for storage on the northwest corner of Georgia Street and Lime Lane. They are
planning to construct a wall around the property, landscaping the perimeter and
constructing a building for an office and shop. They will b'e doing auto repairs,
bodywork and storing towed vehicles.
We discussed the possibility of rezoning the property from MIC to IL. You said that
could be done but since a Towing Company with no outside storage is already
allowed in the MIC Zoning District, it would make better sense for MIC to include
outside storage, as does the IL Zoning District.
In the Mixed Industrial and Commercial District an exception has already been made
to allow outside storage associated with the certain uses. Lumberyards; Garages and
lots for parking and storage of vehicles, including the storage of light trucks, up to
and including two-ton trucks; Storage and rental of light construction equipment not
over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; Rental
and sale of modular buildings. The outside storage must not be located within one
9 northeast 16th street * deiray beach, florida 33444 * (561} 265-4983 * ,a,~ ]5~J'o265-4~6~_~,~~
hundred and fifty feet (150') of any property line adjacent to an arterial roadway
(excluding Interstate 95).
A case can be made to eliminate (c) in Section 4.4.19 (D) (1) and ad a letter (f) to
Section 4.4.19 (D) (2) to allow Towing services with outside storage.
Therefore, I am requesting an amendment be made to LDR Section 4.4.19 (D) (1) (c)
be changed by eliminating the (c) and adding an (f) to Section 4.4.! 9 (D) (2) to allow
Towing Services, with outside storage, as conditional use.
I have enclosed a check in the amount of $500.00 which is the fee for this request.
If any additional information is required please contact me as soon as possible.
BK/cl ~/
CC: Lane Strobel
Enclosure
CITY OF DELRAY BEACH .,.,
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOP.-
MENT REGULATIONS REGARDING TOWING SERVICES IN THE
MIXED INDUSTRIAL AND COMMERCIAL (MIC) ZONE DISTRICT.
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDINANCE NO. 44-99 ...
AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF DEL-
RAY BEACH, FLORIDA; AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELI{AY BEACH BY AMENDING
SECTION 4.4.19, 'MIXED INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT", AMENDING SUBSECTION 4.4.19(D), 'CONDITIONAl;
USES AND STRUCTURES ALLOWED", SUBPARAGRAPH
4.4.19(D)(1) BY DELETING q'OWING SERVICES, WITH NO OUTSIDE
STORAGE' AS A CONDITIONAL USE IN THE MIC ZONE DISTRICT;
AMENDING SUBSECTION 4.4~19(D), 'CONDITIONAL USES AND
STRUCTURES ALLOWED", SUBPARAGRAPH 4.4.19(D)(2) BY
ADDING q'OWING SERVICES' AS A CONDITIONAL USE IN THE MIC
ZONE DISTRICT PROVIDED THAT ANY OUTSIDE STORAGE ASSO-
CIATED WITH SUCH USE MAY NOT BE LOCATED WITHIN 150 FEET
OF ANY PROPERTY LINE ADJACENT TO AN ARTERIAL ROADWAY
(EXCLUDING INTERSTATE-95); PROVIDING A GENERAL REPEAL-
ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the pur-
pose of accepting Public testimony regarding the proposed Ordinance:
The first Public Hearing will be held on TUESDAY. NOVEMBER 2...
1999. AT 7:00 P.M. (or at any continuation of such meeting which is se~
by the Commission), in the Commission Chambers at City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed o~
first reading, a second Public Hearing will be held on TUESDAY.
~_~9. AT 7:00 P.M. (or at any continuation of suCh
meeting which is set by the Commission). .
All interested citizens are invited to ~.{tend the public hearings and °°r~-
ment upon the proposed ordinance or submit their comments in writ~g
on or before the date of these hearings to the Planning and Zonirig
Department. For further information or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department, City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 3~ (PI~
561/243-7040), 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 PER-
SON MAY NEED TO ENSURE THAT A VERBATIM RECORE~
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105.'
PUBLISH: October 25, 1999 CITY OF DELRAY BEA(~H
November 10, 1999 Alison MacGregor Harty ....
The Boca Raton News City Clerk +_
Ad ,f'794097
LEGAL NOT.ES
mlMJBLIC ltEA~ING
~:W.
~,u ~
~ O~DI~ ~E C~
~ON ~ ~ C~ ~
~,
~ClNG ~D ~SE~Y
~ [~E~ ~MERC~)
~MMERG~)
t ~. ~T SIDE OF NO~
~ ~AY ~MMED~Ly
~ ~ ~ON VOL~O~
~RSHI~,
~LY DE~RIBED HE~IN;
~LO~E~
· ~ C~
NG SUBP~
~N 4.4.1
'
S~ ', ~ON
)NDI
'~H
~ ~E ~ f~l~: ~
~DING A
~CH ~O~DA DES~GNATI~
5~H ~CCAT:D AT
~ R~R ~ ~S~R~C ~DME~
SHOW ~E
TION IN ~ O~R~y
~USE A ~Vl~
~VE ~. '
~.01~. ' ~ m F.S.
~: ~r
~5 _
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER'~"/~'~~~''~'
SUBJECT: MEETING OF NOVEMBER 2, 1999
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.19(D) [MIXED
INDUSTRIAL AND COMMERCIAL TO ALLOW TOWING SERVICES WITH OUTSIDE
STORAGE AS A CONDITIONAL USE.
An amendment to the MIC zone district regulations has been requested by Accel Towing who wishes to
relocate from 1208 Georgia Street to the property at the northwest corner of Georgia Street and Lime
Lane, which they currently use for storage. The development proposal for the site includes construction of
a perimeter wall, perimeter landscaping, and construction of a building for an office and a shop. In
addition to towing services, there will be associated outside storage, auto repair and body work. The
request is to allow outside storage associated with towing services. Thus, the proposed text amendment
is to eliminate Section 4.4.19(D)(1)(c) (Towing services, with no outside storage) and add 4.4.19(D)(2)(f)
(Towing services, with outside storage).
In order to accommodate towing services with associated storage, towing services should be included in
Section 4.4.19(D)(2), which prohibits outside storage within 150' of a property line adjacent to an arterial
roadway. This would be similar in impact as parking lots for storage of vehicles, and storage of light
construction equipment. In addition, the storage areas are to be screened in a manner approved by
SPRAB (Site Plan Review and Appearance Board). As the storage areas are to be set back 150' from the
arterial and screened, the concerns with aesthetics is diminished. For any property within the MIC district,
including those properties that are not located adjacent to an arterial, the storage area is not allowed
within the setback areas. Within the MIC zone district, the setback requirements are: 25' front, 25' side
street, 10' side interior, and 10' rear. Additional background and an analysis of the request is found in the
attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of October 18,
1999. There was no public testimony regarding the request. The Board felt that towing service with no
outside storage should still be classified as a conditional use due to the associated company trucks and
needed maneuvering areas. After discussing the text amendment, the Board voted 7-0 to recommend to
the City Commission that LDR Section 4.4.19(D)(2)(Conditional Uses and Structures Allowed) be
amended to allow the Towing Services with outside storage as a conditional use in the MIC zoning district.
By motion, approve on first reading a text amendment to LDR Section 4.4.19(D)(2) (Conditional Uses and
Structures Allowed) to include towing services with outside storage as a conditional use, based upon the
findings and recommendations by the Planning and Zoning Board, setting a public hearing date of
November 16, 1999.
Attachments: P&Z Staff Report and Documentation of October 18, 1999
Ordinance by Others
CITY OF DELRAY BEACH -
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOP-
MENT REGULATIONS REGARDING TOWING SERVICES IN THE
MIXED INDUSTRIAL AND COMMERCIAL (MIC) ZONE DISTRICT.
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDINANCE NO. 44-99
AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF DEL-
RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING
SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT", AMENDING SUBSECTION 4.4.19(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", SUBPARAGRAPH
4.4.19(D)(1) BY DELETING q'OWING SERVICES, WITH NO OUTSIDE
STORAGE' AS A CONDITIONAL USE IN THE MIC ZONE DISTRICT;
AMENDING SUBSECTION 4.4.19(D), ,CONDITIONAL USES AND
STRUCTURES ALLOWED", SUBPARAGRAPH 4.4.19(D)(2) BY
ADDING 'TOWING SERVICES' AS A CONDITIONAL USE IN THE MIC
ZONE DISTRICT PROVIDED THAT ANY OUTSIDE STORAGE'ASSO-
CIATED WITH SUCH USE MAY NOT BE LOCATED WITHIN 150 FEET
OF ANY PROPERTY LINE ADJACENT TO AN ARTERIAL ROADWAY
(EXCLUDING INTERSTATE-95); PROVIDING A GENERAL REPEAL-
ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the pur-
pose of accepting public testimony regarding the proposed Ordinance.
The first Public Hearing will be held on TUESDAY. NOVEMBER 2,
1999. 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. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on
first reading, a second Public Hearing will be held on TUESDAY,
NOVEMBER 16. 1999. AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission).
All interested citizens invited attend the and
are
to
public
hearings
merit upon the proposed ordinance 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 a.copy of the proposed
ordinance, please contact the Planning and Zoning Department, City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33d~.d (phOne
561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday'
through Friday, excluding holidays.
PLEASE BE ADVISED IF A PERSON DECIDES TO APPEAL
TRAT
ANY DECISION MADE BY THE.CITY COMMISSION WITH RESPECT
TO ANY MA'FI'ER CONSIDERED AT THESE HEARINGS, SUCH PER-
SON MAY NEED TO ENSURE' THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APP. EAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE ~SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: October 25, 1999 CITY OF DELRAY BEACH
November 10, 1999 Alison MacGregor Harty
The Boca Raton News City Clerk
Ad ,~f794097
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
REGARDING TOWING SERVICES IN THE MIXED INDUSTRIAL AND COMMERCIAL
(MIC) ZONE DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 44-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL
AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(B), "PRINCIPAL
USES AND STRUCTURES PERMITTE~', SUBPARAGRAPH 4.4.19(B) (6),
"OTHER PROCESSES AND ACTIVITIES", BY ADDING ~TOWING SERVICES,
WITH NO OUTSIDE STORAGE' AS A PERMITTED USE IN THE MIC ZONE
DISTRICT; AMENDING SUBSECTION 4.4.19(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", SUBPARAGRAPH 4.4.19(D) (1) BY DELETING
~TOWING SERVICES, WITH NO OUTSIDE STORAGE' AS A CONDITIONAL USE
IN THE MIC ZONE DISTRICT; AMENDING SUBSECTION 4.4.19(D),
~CONDITIONAL USES AND STRUCTURES ALLOWED", SUBPARAGRAPH
4.4.19(D) (2) BY ADDING ~TOWING SERVICES' AS A CONDITIONAL USE IN
THE MIC ZONE DISTRICT PROVIDED THAT ANY OUTSIDE STORAGE
ASSOCIATED WITH SUCH USE MAY NOT BE LOCATED WITHIN 150 FEET OF
ANY PROPERTY LINE ADJACENT TO AN ARTERIAL ROADWAY (EXCLUDING
INTERSTATE-95); 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 regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY~
NOVF--MBER 2~ 1999, 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. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY~ NOVEMBER 16~ 1999~ AT
7:00 P.M. (or at any continuation of such meeting which is set
'%y the Commission).
Ail interested citizens are invited to attend the public
hearings and comment upon the proposed ordinance 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 a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 561/243-7040), 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 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: The News CITY OF DELRAY BEACH
October 25, 1999 Alison MacGregor Harty
November 10, 1999 City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS REGARDING TOWING SERVICES IN THE MIXED INDUSTRIAL
AND COMMERCIAL (MIC) ZONE DISTRICT] must be an 18 point bold
headline. Thank you.
REF:UseNotice.Ord44-99.Towing Services in MIC District