20-93 ORDINANCE NO. 20-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A NEW SECTION 4.4.26, "LIGHT
INDUSTRIAL (LI) DISTRICT"; AMENDING SECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX", TO PROVIDE FOR THE
INCLUSION WITHIN THE MATRIX OF MINIMUM DEVELOPMENT
STANDARDS FOR THE LIGHT INDUSTRIAL ZONE DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meetings of January
11, 1993, and January 28, 1993, and has forwarded the change with a
recommendation of approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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 4, "Zoning Regulatlo s , Article
4.4, "Base Zoning District", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new Section 4.4.26, "Light
Industrial (LI) District", to read as follows:
Section 4.4.26 Light Industrial (LI) District
(A) Purpose and Intent: The Light Industrial Zone
District provides an opportunity to site, develop, and maintain high
quality industrial land use outside of an industrial park setting.
It also allows certain industrial land uses to be located in areas
which are considered to be environmentally or aesthetically
sensitive. This LI District is appropriate in such areas due, in
part, to the development standards which are more stri6t than those
found in the "I" and "MIC" Districts.
While the LI District has flexibility in its application
(it is compatible with both Industrial and Commerce designations on
the Future Land Use Map), it is not to be applied to small lots or
other circumstances which would lead to non-confo'rming site
development.
(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, 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 which does not
involve the handling of any material which is 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 and then only to
the extent that 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
s~rvices are allowed. However, professional offices dealing with
medical activities and medicine are not permitted.
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse storage areas
(3) Monitoring Wells
(4) Retailing of items produced on the premises but
only to the extent of no more than 10% of the
floor area of the structure or use area devoted
to the item, but in no case to exceed 1,000
sq.ft, of display and sales area.
(5) Repair: Repair use is allowed only to the extent
that it is consistent with or for items which may
be manufactured or assembled within this zone
district.
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the LI Zone
District:
(1) Rental and Sales of Modular Structures
(2) Communication Facilities
(3) Food preparation and/or processing including
bakeries and catering operations
(4) Principal Uses which require the storage and/or
use of regulated substances in a manner other
than allowed under Subsection (B).
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2) For any new development, approval must be granted
by the Site Plan Review and Appearance Board pursuant to Sections
2.4.5(F), (H) and (I).
(3) Conditional uses must be reviewed and approved
pursuant to Section 2.4.5~E).
(F) Development Standards: The development standards as
set forth in Section 4.3.4 shall apply except as modified herein.
(1) For each foot in height above twenty-five feet
(25'), front and street-side setbacks shall be increased by one foot
- 2 - Ord. No. 20-93
(2) The LI Zone District shall not be applied to any
lot~which does not meet these standards; however, under a unified
development plan which contains control for site maintenance and
provides for cross-access and mutual use, lots below the District
minimum may be created for ownership purposes only, provided that the
minimum development area requirements are met.
(G) Supplemental District Regulations: The Supplemental
District Regulations as set forth in Article 4.6 shall apply except
as provided for herein.
(1) Truck and Equipment Storage: Trucks, vans, and
equipment may be stored in designated areas provided that such areas
shall not be located along collector or arterial roadways or across
from residential properties. Such areas shall be screened from view
from adjacent properties and rights-of-way in a manner approved by
the Site Plan Review and Appearance Board.
(H) Special District Regulations: The following
regulations apply on property zoned LI.
(1) Overhead doors shall not face adjacent
rights-of-way except when it is clearly demonstrated that no
opportunity exists to do otherwise.
(2) All required setback areas shall be landscaped
with no paving except for driveways and walkways leading to
structures on the premises. Such driveways and walkways shall be
generally perpendicular to the property line.
(3) A minimum floor area of, st least, 4,000 sq.ft.
per tenant or bay shall be provided with the exception of office
(business) uses.
(4) All industrial operations and activity on the
pr~mises, except loading and unloading, shall be conducted wholly
within an enclosed building.
(5) Attention is drawn to Section 4.5.5(B) (Wellfield
Protection) and Section 4.4.20 (Industrial Zone District) as they
pertain to uses allowed in this LI District and protection of
municipal wells and wellfields.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(K), "Development
Standards Matrix", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
amended by adding the following standards for the Light Industrial
(LI) District to the Matrix:
Minimum Development Area 1 acre (43,560 sq.ft.)
Minimum Lot Size 20,000 sq.ft.
Lot Frontage 100 feet
Lot Depth & Width Not applicable or "0"
Maximum Lot Coverage* 50% (by buildings)
Minimum Floor Area Not applicable
Perimeter Setback Not applicable
Front Yard Setback 10 feet
Side Street Setback 10 feet
Side Yard Setback 5 feet
Rear Yard Setback 10 feet
Height 48 feet
*In addition to lot coverage, a minimum of 25%
non-vehicular open space shall be provided. Interior and
perimeter landscaping may be applied toward meeting this
requirement.
- 3 - Ord. No. 20-93
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 all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 5. 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 the 23rd day of ~hr,~ar¥ , 1993.
ATTEST:
~City Cl~k t
First Reading February 9, 199~
Second Reading February 23, 1993
· - 4 - Ord. No. 20-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER.
SUBJECT: AGENDA ITEM # ~0. ~. - MEETING OF FEBRUARY 23. 1993
ORDINANCE NO, 20-99
DATE: February 19, 1993
This is second reading of an ordinance amending the Land Development
Regulations by enacting a new Section 4.4.26, "Light Industrial (LI)
District", and amending Section 4.3.4(K), "Development Standards
Matrix", to provide for the inclusion within the matrix of minimum
development standards for the Light IndUstrial Zone District.
The LI Zone District provides an opportunity to site, develop and
maintain high quality industrial land uses outside of an industrial
park setting. It also allows certain industrial land uses in areas
which are considered to be environmentally or aesthetically sensitive.
This is possible because of the strict development standards provided
in the ordinance.
The Planning and Zoning Board at their January 28th special meeting
recommended approval, as did the Community Redevelopment Agency at
their February 2nd meeting. A detailed staff report is attached as
backup material for this item.
At the February 9th regular meeting, Ordinance No. 20-93 was passed on
first reading by a vote of 5-0.
Recommend approval of Ordinance No. 20-93 on second and final reading.
ORDINANCE NO. 20-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A NEW SECTION 4.4.26, "LIGHT
INDUSTRIAL (LI) DISTRICT"; k~ENDING SECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX", TO PROVIDE FOR THE
INCLUSION WITHIN THE MATRIX OF MINIMUM DEVELOPMENT
STANDARDS FOR THE LIGHT INDUSTRIAL ZONE DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meetings of January
11, 1993, and January 28, 1993, and has forwarded the change with a
recommendation of approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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 4, "Zoning Regulations", Article
4.4, "Base Zoning District", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new Section 4.4.26, "Light
Industrial (LI) District", to read as follows:
Section 4.4.26 Light Industrial (LI) District
(A) Purpose and Intent: The Light Industrial Zone
District provides an opportunity to site, develop, and maintain high
quality industrial land use outside of an industrial park setting.
It also allows certain industrial land uses to be located in areas
which are considered to be environmentally or aesthetically
sensitive This LI District is appropriate in such areas due, in
part, to the development standards which are more strict than those
found in the "I" and "MIC" Districts.
While the LI District has flexibility in its application
(it is compatible with both Industrial and Commerce designations on
the Future Land Use Map), it is not to be applied to small lots or
other circumstances which would lead to non-conforming site
development.
(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, 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) Wholesalin~ Stora~e~ and Distribution: The
wholesaling, storage, and distribution of any product which does not
involve the handling of any material which is 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 and then only to
the extent that 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.
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
{1) Parking lots
(2) Refuse storage areas
(3) Monitoring Wells
(4) Retailing of items produced on the premises but
only to the extent of no more than 10% of the
floor area of the structure or use area devoted
to the item, but in no case to exceed 1,000
sq.ft, of display and sales area.
(5) Repair: Repair use is allowed only to the extent
that it is consistent with or for items which may
be manufactured or assembled within this zone
district.
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the LI Zone
District:
(1) Rental and Sales of Modular Structures
(2) Communication Facilities
(3) Food preparation and/or processing including
bakeries and catering operations
(4) Principal Uses which require the storage and/or
use of regulated substances in a manner other
than allowed under Subsection (B).
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2) For any new development, approval must be granted
by the Site Plan Review and Appearance Board pursuant to Sections
2.4.5(F), (H) and (I).
(3) Conditional uses must be reviewed and approved
pursuant to Section 2.4.5(E).
(F) Development Standards: The development standards as
set forth in Section 4.3.4 shall apply except as modified herein.
(1) For each foot in height above twenty-five feet
(25'), front and street-side setbacks shall be increased by one foot
(1').
- 2 - Ord. No. 20-93
(2) The LI Zone District shall not be applied to any
lot which does not meet these standards; however, under a unified
development plan which contains control for site maintenance and
provides for cross-access and mutual use, lots below the District
minimum may be created for ownership purposes only, provided that the
minimum development area requirements are met.
(G) Supplemental District Regulations: The Supplemental
District Regulations as set forth in Article 4.6 shall apply except
as provided for herein.
(1) Truck and Equipment Storage: Trucks, vans, and
equipment may be stored in designated areas provided that such areas
shall not be located along collector or arterial roadways or across
from residential properties. Such areas shall be screened from view
from adjacent properties and rights-of-way in a manner approved by
the Site Plan Review and Appearance Board.
(H) Special District Requlations: The following
regulations apply on property zoned LI.
(1) Overhead doors shall not face adjacent
rights-of-way except when it is clearly demonstrated that no
opportunity exists to do otherwise.
(2) Ail required setback areas shall be landscaped
with no paving except for driveways and walkways leading to
structures on the premises. Such driveways and walkways shall be
generally perpendicular to the property line.
(3) A minimum floor area of, at least, 4,000 sq.ft.
per tenant or bay shall be provided with the exception of office
(business) uses.
(4) Ail industrial operations and activity on the
premises, except loading and unloading, shall be conducted wholly
within an enclosed building.
(5) Attention is drawn to Section 4.5.5(B) (Wellfield
Protection) and Section 4.4.20 (Industrial Zone District) as they
pertain to uses allowed in this LI District and protection of
municipal wells and wellfields.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(K), "Development
Standards Matrix", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
amended by adding the following standards for the Light Industrial
(LI) District to the Matrix:
Minimum Development Area 1 acre (43,560 sq.ft.)
Minimum Lot Size 20,000 sq.ft.
Lot Frontage 100 feet
Lot Depth & Width Not applicable or "0"
Maximum Lot Coverage* 50% (by buildings)
Minimum Floor Area Not applicable
Perimeter Setback Not applicable
Front Yard Setback 10 feet
Side Street Setback 10 feet
Side Yard Setback 5 feet
Rear Yard Setback 10 feet
Height 48 feet
*In addition to lot coverage, a minimum of 25%
non-vehicular open space shall be provided. Interior and
perimeter landscaping may be applied toward meeting this
requirement.
- 3 - Ord. No. 20-93
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 all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 5. 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 the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 20-93
CITY COMMISSION DOCUMENTATION
TO: ~_D~VID T. HARDEN, CITY MANAGER
FROM: D~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 9, 1993
FIRST READING~ ORDINANCE AMENDING LDRs BY ADDITION OF
A NEW ZONE DISTRICT - LIGHT INDUSTRIAL (LI)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The amendment is that of creating a new zone district
entitled Light Industrial (LI). It will be Section 4.4.26.
BACKGROUND:
The initiative for creating this new zoning district came from
the CRA Plan which calls for establishment of industrial zoning
in the general area between Carver Estates and S.W. 10th Street.
This area is in the vicinity of the Series 20 Wellfield. Please
see the "history" portion of the P&Z Staff Report for more
background.
The proposed District provides for some control of "regulated
substances" beyond that afforded by the Wellfield Protection
Ordinance. It also contains development standards (lot area,
development area, scaled height requirements) which are more
restrictive than those found in the existing Industrial and MIC
Districts. It also does not include certain uses e.g. auto
repair, service contractors; and does contain a minimum tenant
(bay) requirements (4,000 sq.ft.). These standards are intended
to assure that the application of this new zoning district does
not become misused in the future. Again, please refer to the
Planning and Zoning Board staff report for a full description
and analysis of the proposed district.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
Special Meeting held on January 28, 1993 (continuation from
January llth). There was no public comment on the item. After
review (the Board had previously conducted a worksession on the
subject), the proposed District was forwarded on a 4-0 vote.
City Commission Documentation
First Reading, Ordinance Amending LDRs by Addition
of a New Zone District - Light Industrial (LI)
Page 2
COMMUNITY REDEVELOPMENT AGENCY REVIEW:
The CRA has scheduled a special meeting on Thursday, February
4th in order to review this and other LDR amendments. Their
comments, if any, will be presented at the City Commission
meeting.
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
DJK/CCINDZN.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE NEW ZONING DISTRICT
TITLED "LIGHT INDUSTRIAL" (LI)
ITEM BEFORE THE BOARD
The item before the Board is that of making a
recommendation to the City Commission on the adoption
of a new zoning district. The name of the new district
is Light Industrial Zone District.
At the present time there is no application of this new
district on the Official Zoning Map; however, once it
is adopted, it anticipated that a private petition will
be made for its application in the vicinity of SW 10th
Street and SW 14th Street.
BACKGROUND
Zoninq Hlstor¥: Prior to the adoption of the new LDRs in
October, 1990, there were two industrial zone districts, the
Industrial (I) and the Light Industrial (LI). Also, there
was the Mixed Industrial and Commercial District (MIC) and
Planned Commerce Center (PCC). These latter districts
allowed the same range of uses as found among the permitted
uses of the I and LI Districts. The previous LI District
was only slightly different from the previous I District.
It also accommodated several uses which were not industrial
in nature. Upon adoption of the LDRs, the hierarchy of
industrial zoning was as follows:
* "PCC" accommodates industrial land use within a
planned, industrial park environment. Only indoor uses
were accommodated.
* "MIC" initially accommodated only indoor uses. Uses
were allowed on individual parcels and were not
required to be in an industrial park environment. MIC
was applied on former LI parcels. Essentially, the MIC
is a light industrial district with allowance of some
commercial (retail) use. In 1991, the MIC District was
modified to accommodate certain outdoor uses, but only
as conditional uses.
* "I" accommodates all industrial uses. Those which are
generally conducted indoors are permitted as principal
uses; those which have outside components are allowed
only through the conditional use process.
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 2
Comprehensive Plan Direction: Within the Comprehensive Plan
there are several policies which call for examination of
land use within wellfields (water supply) and the creation
of a new industrial zone district which would be compatible
with environmental concerns associated with wellfield
protection. Please refer to the report, Wellfield
Protection Issues, which was prepared for consideration in
Plan Amendment #93-1. This proposed LI Zone District
addresses those issues and also is responsive to Policy
A -5 .15 of the Land Use Element which calls for the
creation of such a zone to be applied to the vacant lands in
the vicinity of the Series 20 Wellfield.
The undeveloped land around the Series 20 Wellfield had been
designated and zoned as Industrial prior to adoption of the
Comprehensive Plan in 1989. The 1990 Comprehensive Plan
called for non-industrial land use; upon adoption of the
LDRs, the area was zoned as Medium Density Residential (RM).
Upon further review of the land use situation in that area,
the Community Redevelopment Agency (CRA) recommended that a
"clean" industrial district be created and applied there
(and elsewhere where it would be appropriate).
The concept of re-applying industrial land use into the
Series 20 Wellfield area was tested in Plan Amendment 92-2
through which a built, non-conforming industrial use was
brought into Plan compliance through an amendment to the
Future Land Use Map (King, Transitional to Industrial). The
analysis for that Amendment alluded to the expansion of the
specific property to the larger, undeveloped area. Plan
Amendment 92-2 was processed, reviewed, and approved without
comment on this issue. Expansion of this land use
designation within the Series 20 Wellfield area will occur
with Plan Amendment 93-2.
PROPOSED TEXT
(New) Section 4.4.26 Light Industrial (LI) District
(A) Purpose and Intent: The Light Industrial Zone
District provides an opportunity to site, develop, and
maintain high quality industrial land use outside of an
industrial park setting. It also allows certain industrial
land uses to be located in areas which are considered to be
environmentally or aesthetically sensitive. This LI
District is appropriate in such areas due, in part, to the
development standards which are more strict than those found
in the "I" and "MIC" Districts.
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 3
While the LI District has flexibility in its application (it
is compatible with both Industrial and Commerce designations
on the Future Land Use Map), it is not to be applied to
small lots or other circumstances which would lead to
non-conforming site development.
(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, 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) Wholesalinq, Storage, and Distribution: The
wholesaling, storage, and distribution of any product which
does not involve the handling of any material which is
listed on the Regulated Substance list as maintained per
Section 4.5.5(B) (Wellfield Protection).
(3) Industrial (manufacturinq, assembly): Only
manufacturing and assembly operations are allowed and then
only to the extent that 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.
(C) Accessory Use and Structures Permitted: The
following uses are allowed when a part of, or accessory to,
the principal use:
(1) Parking lots.
(2) Refuse storage areas
(3) Monitoring Wells
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 4
(4) Retailing of items produced on the premises
but only to the extent of no more than 10% of
the floor area of the structure or use area
devoted to the item, but in no case to exceed
1,000 sq.ft, of display and sales area.
(5) Repair: Repair use is allowed only to the
extent that it is consistent wi~h or for
items which may be manufactured or assembled
within this zone district.
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the LI
Zone District:
(1) Rental and Sales of Modular Structures
(2) Communication Facilities
(3) Food preparation and/or processing including
bakeries and catering operations
(4) Principal Uses which require the storage
and/or use of regulated substances in a
manner other than allowed under Subsection
(S).
(E) Review and Approval Process~
(1) In established structures, uses shall be
allowed therein upon application to, and approval by, the
Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be
granted by the Site Plan Review and Appearance Board
pursuant to Sections 2.4.5(F), (H), and (I).
(3) Conditional uses must be reviewed and
approved pursuant to Section 2.4.5(E).
(F) Development Standards: The development standards
as set forth in Section 4.3.4 shall apply except as modified
herein.
(1) For each foot in height above twenty-five
feet (25'), front and street-side setbacks shall be
increased by one foot (1').
(2) The LI Zone District shall not be applied to
any lot which does not meet these Standards; however, under
a unified development plan which contains control for site
maintenance and provides for cross-access and mutual use,
lots below the District minimum may be created for ownership
purposes only, provided that the minimum development area
requirements are met.
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 5
The Standards which are to be added to the MATRIX of Section
4.3.4 are:
- Minimum Development Area 1 acre (43,560 sq.ft.)
- Minimum Lot Size 20,000 sq.ft.
- Lot Frontage 100 feet
- Lot Depth & Width not applicable or "0"
- Maximum Lot Coverage* 50% (by buildings)
- Minimum Floor Area not applicable
- Perimeter Setback not applicable
- Front yard setback 10 feet
- Side Street setback 10 feet
- Side yard setback 5 feet
- Rear yard setback 10 feet
- Height 48 feet
* In addition to lot coverage, a minimum of 25%
non-vehicular open space shall be provided. Interior
and perimeter landscaping may be applied toward meeting
this requirement.
(~) Supplemental District Regulations: The
Supplemental District Regulations as set forth in Article
4.6 shall apply except as provided for herein.
(1) Truck and Equipment Storaqe: Trucks, vans,
and equipment may be stored in designated areas provided
that such areas shall be.not be located along collector or
arterial roadways or across from residential properties.
Such areas shall be screened from view from adjacent
properties and rights-of-way in a manner approved by the
Site Plan Review and Appearance Board.
(H) Special District Regulations~ The following
regulations apply on property zoned LI.
(1) Overhead doors shall not face adjacent
rights-of-way except when it is clearly demonstrated that no
opportunity exists to do otherwise.
(2) Ail required setback areas shall be
landscaped with no paving except for driveways and walkways
lading to structures on the premises. Such driveways and
walkways shall be generally perpendicular to the property
line.
(3) A minimum floor area of, at least, 4,000
sq.ft, per tenant or bay shall be provided with the
exception of office (business) uses.
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 6
(4) Ail industrial operations and activity on the
premises, except loading and unloading, shall be conducted
wholly within an enclosed building.
(5) Attention is drawn to Section 4.5.5(B)
(Wellfield Protection) and Section 4.4.20 (Industrial Zone
District) as they pertain to uses allowed in this LI
District and protection of municipal wells and wellfields.
ANALYSIS
The proposed LI District will achieve the objectives of a
zone district which will require quality development because
of its development standards. Also, provisions are made to
regulate use based upon use of chemicals ( regulated
substances ) which may be detrimental within well field
protection zones. However, provision is made for uses to go
through the conditional use procedures when significant
quantities of regulated substances will be on-site, but for
which adequate safeguards for their handling will be
provided and maintained.
A few new concepts e.g. increased setbacks for increases in
building height and now applying the District to substandard
properties along with a borrowed concept (from PCC) of
minimum tenant or bay sizes are provided. Also, the focus of
this District to have compatible land uses which do provide
for employment opportunities. It is not necessary an
exclusive zone district where allowable uses are to
compliment one another; thus, provisions have been made to
allow general office use as a permitted use. However, some
office use such as those which are medically related are not
accommodated since there may be an incompatibility between
medical clients and industrial users.
Of significance is what is not in this proposed District.
There are not provisions for "service industrial" or
"contractors" such as pool maintenance, landscape
maintenance, roofers, plumbers and electricians. Nor are
there provisions for repair of engines of any kind, nor any
kind of automotive, boat, etc. repair. Also, any outside
activity such as storage of materials, storage of vehicles
( such as for an auto dealer) and the like is not
accommodated.
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 7
It may be appropriate, within a short while, to consider
applying this new zone district to properties on the west
side of Congress, north of Atlantic and elsewhere where
greater control of Commerce Land Use which is zoned MIC is
desired.
RECOMMENDED ACT I ON
Since this proposed zone district is more stringent that the
existing "I", "MIC" and "PCC" Districts, it is felt that it
should be adopted and applied to the zoning map. Since it
will not be applied until a specific private petition comes
forward, we will have further time to evaluate the standards
and provisions contained within it. At the time of first
application, adjustments can be considered.
Thus, by motion, forward the proposed LI Zone District to
the City Commission with a recommendation of approval.
Report prepared by:
T: PZLI ZONE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~./~'~
SUBJECT: AGENDA ITEM $ /~ - MEETING OF FEBRUARY 9. 1993
ORDINANCE NO. 20-93
DATE: February 5, 1993
This is first reading of an ordinance the Land Development Regulations
by enacting a new Section 4.4.26, "Light Industrial (LI) District",
and amending Section 4.3.4(K), "Development Standards Matrix", to
provide for the inclusion within the matrix of minimum development
standards for the Light Industrial Zone District.
The LI Zone District provides an opportunity to site, develop and
maintain high quality industrial land uses outside of an industrial
park setting. It also allows certain industrial land uses in areas
which are considered to be environmentally or aesthetically sensitive.
This is possible because of the strict development standards provided
in this ordinance.
The Planning and Zoning Board at their January 28th special meeting
recommend approval, as did the Community Redevelopment Agency at their
February 2nd meeting. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 20-93 on first reading.
4~NM; PROVIDING FOR THE FFS-
TAI. LISHMENT OF THE LO~..AL
HOU~NG ASSISTANCE PROG, JI[AM; ,
· DESIGN/~,TING THE RESPOI~IBILI.
TY FOI~ THE IMPLEME, N'rATION
AND AD/Vil~ISTRATION O~/ THE LO.
CAL HOUStqG ASSISTed#CE PRO.
~ml GRAM; PROV~ING F~R THE CRE-
~__~,..~: AT,Og ~ Ag ~FO, RDABLE HO US-
'~ *~~~ lNG ADVISORY C~IIMITTEE; PRO.
VIDING FOR GU, Jt)KLINES TO BE
UTILIZED BY S~ID CC~MMITTEE IN
ME#T a~6~.ArlONi OP THE ADOPTION ~F RE~OMMENDA-
COO~ OF OROI~AgCES OF THiE'
c~ OF ~LRAY BF.~C,, PLO~- TIONS FOR,/ THE AFF~ORDABLE
DA, BY ENACTING * NEW $~CTION HOUSING ~iCENTIVE PLA~I,; PRO.
T,.C~; ,U~mG S~C~ VIDING ,FOR THE ADOPTI~I OF
43.4(K), ~'VELOPMENT $ .! THE A~rFORDABLE HOUSING~IN-
DARD~ MATRIX, TO PROVIDE FOR
mE ma.us~DE wi*mm ,'mE ~- CENTarE PLAN; PROVIDING FOR
ME#T STANDARDS ~& THE ; PROVIDIN
LI~'T tI~USTRIAL DIS-
TRICT; PIIOVIDiNG A~ SAVING
· ClAU~E, A GENERAL RE~ALER
CLAUSE, ~ND ~N EFFECTWE ii
~'~ ~ ~ ~ ~ ~ ~ ' A)IXGRDINANCE OF THE CiTY
md, bym,~a-m~m~ MISSIO~I OF THE CITY DF DEL, R'AY
~ ~'~ ~ ~ ~ ~? ~ BEACH,~FL.ORIDA, AMENDINA Ti-
mm(big ~r Miilng, such
.~, .,d ,.,,add th,,, p.--~ TLE III, ~DMINISTRATION~CHAP-
~ ~ PARTMENTS',~ SUBHEADING
'PENSIONS', OF~THE .(2ODE OF DR-
[~wch .cd. Pu~ to DINANCES OF TA~/CITY OF DEL-
ClTyOF DELRAY BEACH RAY BEACH, /T%OR~DA, BY
^,~'G*~H~ AMENDING TH.r SECTION 33,62,
t~c~ 'BENEFIT .t~eUNTS ~I~D ELIGI-
PUBUSH:Fem~Y~m BILITY', TO/PROVIDE PqR CER-
~Em I TArN GR~NIAATICAL ANDX VER-
· ~y~n~v~m~ I BIAGE .GflANGES; PROVIDING, A
·
SAVH~CLAUSE, A GENERAL~I[E.
PEALER ~CLAUSE, AND AN EFFE~
TIV/E DATE.
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING
CHAPTER 4, "ZONING REGULA-
TIONS', OF THE LAND DEVELOP·
MENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORI-
DA, BY ENACTING A NEW SECTION
t4.~, "LIGHT INDUSTRIAL (LI) DIS-
TRICT~; AMENDING SECTION
t34(K), "DEVELOPMENT STAN-
.. DARDS MATRIX', TO PROVIDE FOR
THE INCLUSION WITHIN THE MA-
TRIX OF MINIMUM DEVELOP-
MENT STANDARDS FOR THE
· LIGHT INDUSTRIAL ZONE DIS-
TRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
Please be ~lvlsed 1Mt if a person or
persons decides to al~l~al any decisic~
~ by fM City Commissiofl with re
spec~ to any maflor considered at this
m~ting or hearing, such person(s)
will need ~ rlcord of these proceed.
if~,, end for this purlx~e such I~r-
sm(s} may ~ to ensure ~at a ver-
batim ~ includes ~ tosfirnoay
~d evidence ~ which the lineal is
to be bl~d. The City does not provide
or pr~ere such record. Pursuant to
F.S.
CITY OF DELRAY BEACH
Allsm MacGregor Harry
City Clerk
PUBLISH: ~ 12, ~
THE NEWS