Ord 04-98FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
ORDINANCE NO. 4-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26,
"LIGHT INDUSTRIAL (LI) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SUBSECTION 4.4.26(H), "SPECIAL
DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.26(H) (3),
TO REDUCE THE MINIMUM FLOOR AREA ALLOCATED PER
TENANT OR BAY; 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 December 15, 1997, and forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is 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 Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.26, "Light
Industrial (LI) District", Subsection 4.4.26(H), "Special District
Regulations", subparagraph 4.4.26(H) (3), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 4.4.26 Light Industrial (LI) District:
(H) Special District Regulations:
apply on property zoned LI.
The following regulations
(3) A minimum floor area of at least ~/~ 2,000 sq.ft.
per tenant or bay shall be provided with the exception of office
(business) uses.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
ATTEST:
MAYOR
City Clerk
First Reading January 6, 1998
Second Reading
- 2 - Ord. No. 4-98
FAILED ON 2ND/FINAL READING - JANUARY 20, 1998
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM # IO(-~- REGULAR MEETING OF JANUkRY 20, 1998
ORDINANCE NO. 4-98 (MINIMUM FLOOR AREA PER TENANT OR BAY
IN THE LIGHT INDUSTRIAL ZONE DISTRICT)
JANUARY 16, 1998
This is second reading and a public hearing for Ordinance No. 4-98
which amends LDR Section 4.4.26(H) (3), "Special District
Regulations", to reduce the minimum floor area allocated per tenant
or bay from 4,000 sq.ft, to 2,000 sq.ft, in the Light Industrial
(LI) zone district.
This amendment was requested by Frank Scaltrito, owner of a vacant
parcel of land located at the southeast corner of S.W. 7th Street
and S.W. 15th Avenue, within the LI zone district. The applicant
contends that the requirement to provide a minimum tenant or bay
size of 4,000 sq.ft, is onerous, as the norm for industrial
properties calls for floor areas of 1,500 to 2,000 sq.ft.
Additional background and analysis is found in the attached staff
report.
The Planning and Zoning Board considered the proposed amendment at a
public hearing on December 15, 1997, and voted 6 to 0 to recommend
approval, 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. At
first reading on January 6th, the Commission passed the ordinance by
a vote of 4 to 1 (Mr. Randolph dissenting). Both Mr. Randolph and
Mayor Alperin expressed concerns about the condition of the
industrial area off of S.W. 10th Street which is very congested.
Attached is some additional information from the Planning Director
concerning the proposed ordinance. It notes that the industrial
area which is objectionable is zoned Industrial (I), not Light
Industrial which provides for much stricter development standards.
In her opinion, development under the LI district standards should
insure that future sites will function much more effectively than
the buildings in the existing industrial area.
Recommend approval of Ordinance No.
reading.
4-98 on second and final
ref:agmemo25
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
FROM:
DATE:
DAVID T. HARDEN, CITY MANAGER R~~~L,~~.~~...., . ,.
DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTO
JANUARY 16, 1998
RE:
CITY COMMISSION MEETING OF JANUARY 20, 1998
ADDITIONAL INFORMATION ON THE PROPOSED TEXT AMENDMENT
FOR THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT
At the City Commission meeting of January 6, 1998, Mayor Alperin expressed some
concerns over the proposed reduction in tenant size for the LI zoning district. He
referred to the condition of the industrial area off of S.W. 10th Street, which is very
congested.
It is noted that the area that was referred to is zoned Industrial (I), not Light Industrial
(LI). The Industrial district allows many more intense uses than the LI, including auto
repair, which generates a high parking demand. It also permits certain outdoor
functions and uses, while all uses within the LI zone must be conducted indoors.
Additionally, the majority of that Industrial zoned area was developed prior to the
establishment of current development standards, which require landscaped areas, a
greater number of parking spaces, and the orientation of bay doors away from rights-of-
way.
There has been no development under the LI zoning in this area, even though it has
been in place since 1994. Apparently one of the impediments is the relatively large
minimum tenant size. There is not a clear relationship between the size of a bay and
the level of activity or congestion that is generated. In fact, small bays are often leased
to one- or two-person operations. The LI district has the strictest use and development
standards of all of the industrial zones. Development under those standards should
ensure that future sites will function much more effectively than the existing buildings in
the Industrial-zoned area.
TO:
THRU:
FROM:
SUBJECT:
DIANE DOMINGUEZ, P&Z DIRECTOR
JEFFREY A. COSTELLO, SENIOR PLANNER(~0~
MEETING OF JANUARY 6, 1998
LDR AMENDMENT TO REDUCE THE MINIMUM FLOOR AREA PER TENANT
OR BAY IN THE LI (LIGHT INDUSTRIAL) ZONE DISTRICT.
The action before the City Commission is that of approval of an amendment to LDR Section
4.4.26(H)(3)(Special District Regulations), to reduce the minimum floor area allocated per
tenant or bay from 4,000 sq.ft, to 2,000 sq.ft., in the LI zone district.
An amendment to the LI zone district regulations has been requested by Frank Scaltrito, owner
of a vacant parcel of land located at the southeast corner of S.W. 7th Street and S.W. 15th
Avenue, within the LI zone district. The applicant states that the requirement to provide a
minimum tenant or bay size of 4,000 sq.ft, as outlined in LDR Section 4.4.26(H)(3) is onerous,
as the norm for industrial properties calls for floor areas of 1,500 to 2,000 sq.ft. Additional
background and analysis is found in the attached Planning and Zoning Board Staff Report.
At its meeting of December 15, 1997, the Planning and Zoning Board held a public hearing
regarding the proposed amendment. There was no public testimony regarding the request.
The Board voted 6-0 (Eliopoulos absent) to recommend approval of the text amendment 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.
Attachment:
· P & Z Board Staff Report and Documentation of December 15, 1997
· Ordinance By Others
By motion, approve on first reading an amendment to LDR Section 4.4.26(H)(3)(Special District
Regulations), to reduce the minimum floor area allocated per tenant or bay from 4,000 sq.ft, to
2,000 sq.ft., in the LI zone district, 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.
MEETING DATE:
DECEMBER 15, t997
AGENDA ITEM:
V.C. - AMENDMENT TO LDR SECTION 4.4.26(H)(3)
(SPECIAL DISTRICT REGULATIONS), TO REDUCE THE
MINIMUM FLOOR AREA ALLOCATED PER TENANT OR
BAY FROM 4,000 SQ.FT. TO 2,000 SQ.FT., IN THE LI
ZONE DISTRICT.
The item before the Board is that of making a recommendation to the City
Commission regarding an LDR text amendment to Section 4.4.26(H)(3)
Light Industrial (LI) zoning district, Special District Regulations, to reduce
the minimum floor area allocated per tenant or bay from 4,000 sq.ft, to
2,000 sq.ff., 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.
In February, 1993, the LI (Light Industrial) zone district was adopted, thus fulfilling Land
Use Element Policy A~5.15. This policy stated that the City shall adopt a light industrial
zoning district, addressing, at a minimum; wellfield protection, buffering, uses, minimum
lot, and minimum floor area. The ordinance was to be adopted prior to the approval of
any rezoning within the Series 20 Wellfield area (SOW. 10th Street, between 1-95 and
Wallace Drive). Provisions of the Palm Beach County Weilfield Protection Ordinance
make it possible to allow industrial zoning in the area of wellfields and still protect the
ground water. Among the adopted LI zone district standards are restrictions as to the
use, storage and handling of regulated substances identified in the Palm Beach County
Wellfield Protection Ordinance.
When the Lrzoning-district was reviewed by the Planning and Zoning Board in 1993, it
was understood that "fine tuning" of the district regulation would be necessary once the
zoning was applied to various sites. On February 23, 1993, the LI zone district
regulations were amended to increase the amount of retail space allowed per tenant,
allow retailing of products produced off-site, and reduce the frontage requirement. The
changes were made to accommodate the Levenger development.
To: P & Z Board Members
Re: LDR Text Amendment -Reduction of the minimum floor area per tenant/bay in the LI zone distdct
Page 2
An amendment to the LI zone district regulations has been requested by Frank
Scaltrito, owner of a vacant parcel of land located at the southeast corner of S.W. 7th
Street and S.W. 15th Avenue, within the LI zone district.
LDR Section 2.4.5(M)(5) (Findings): 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.
LDR Section 4.4.26(H)(3) states that within the LI zone district, 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. The applicant states that the requirement is onerous as the industry
norm for industrial properties call for floor areas of 1,500 to 2,000 sq.ft. The applicant
has had requests for development of the property which have not been followed
through due to the minimum tenant size requirement.
The minimum floor area requirement was included with the creation of the LI zone
district in 1993, given the abundance of small industrial uses adjacent to and within the
Series 20 Wellfield and the vacant land above the wellfields. There is no
documentation which clearly explains the basis for the minimum 4,000 sq.ft, per tenant
requirement. It is assumed that the larger bays would result in less tenants thereby
allowing better monitoring of the uses and the associated substances. The larger bays
would also accommodate businesses which typically are larger employers. It is noted
however, that a May, 1995 article in Florida Trend estimated that 9 out of every 10 jobs
in Florida are created by small firms. According to a 1995 business profile of Delray
Beach, conducted by Urban Decision Systems, approximately 90% of "commerce" type
businesses in the City are relatively small, employing 20 or fewer people. This indicates
that smaller tenant space/bays are needed within the City in terms of accommodating
small business.
The only other "industrial" zone district that has a minimum floor area requirement for
assembly, fabrication, wholesale, and storage is the PCC (Planned Commerce Center)
zone district, which requires a minimum floor area of 3,000 sq.ff, per tenant in the Light
Industrial component of the PCC, and 5,000 sq.ft, in the Service Industry component.
The intent of the PCC zone district is to provide a mix of industrial, office, and limited
retail uses in an industrial park setting. A PCC development usually accommodates
larger employers/businesses.
With regard to the minimum floor area requirement as it relates to wellflelds, the
majority of the LI zone properties are located within wellfield zones 1 and 2. There are
circumstances where other industrial properties zoned MIC (Mixed Industrial and
Commercial), I (Industrial), and CBD-RC (Central Business District- Railroad Corridor),
which do not have a minimum floor area requirement, are located within wellfleld zones
To: P & Z Board Members
Re: LDR Text Amendment -Reduction of the minimum floor area per tenant/bay in the LI zone district
Page 3
I and 2. The reduction would not introduce tenant sizes that are less than those that
currently exists in other wellfield areas. As previously stated, the provisions of the LI
zone district and the Palm Beach County Wellfield Protection Ordinance make it
possible to allow industrial zoning in the area of wellfields and still protect the wellflelds.
While a reduction of the minimum floor area allocated per tenant can be supported, the
minimum floor area should not be le..~ than 2,000 sq.ff. This would': retain some
measure for monitoring tenants. The proposed text amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
By motion, recommend to the City Commission that LDR Section 4.4.26(H)(3)(Special
Distdct Regulations) be amended to reduce the minimum floor area allocated per tenant
or bay from 4,000 sq.ft, to 2,000 sq.ft., 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
· Request Letter
LDR Section 4.4.26
(H) Special District Regulations:
;'
(3) A minimum floor area of, at least ~,000 2,000 sq.ft, per tenant or bay shall be
provided with the exception of office (business) uses.
November 20, 1997
Frank A. Scaltrito
4 Via Angelico
Palm Beach Gardens, Florida 33418
Diane Dominguez, Director of Planning and Zoning
100 N.W. First Avenue
Delray Beach, Florida 33444
Re: Vacant land S. W. 15e" Avenue, between S. W. 8a Street and S. W 7a Street,
DelrayBeach
Dear Ms. Dominguez:
Pursuant to and in accordance with our meeting of November 18,1997, we hereby submit
our request for a text amendment change to the current zoning of the subject property.
Paragraph I4(3) requires a minimum floor area of 4,000 square feet. This restriction is
quite onerous since industry norm for such properties call for floor areas of 1500 to 2000
square feel We have had requests for development which have not gone further because
of the present requirement.-
Accordingly, we are requesting the ordinance be amended to allow a minimum floor
space of 2000 square feet In aecordance with your Plan Review Fee schedule, we
enclose our cheek in the amount of $500.00.
Your consideration to this request will be greatly appreciated.
Very-truly yours,
Frank A. Scaltfito, for Fred Tanfimonico and Robert Gates
Lb, NN~NG &
p . .
& PUBLIC HEARING Mil I~ J~ld
~m~, ~ NW. I~ A~,
Gy ~h, F~ ~t ~ ti~
p.m., ~y ~ Fray, ~
~~rd~
AN ORDINANCE OF THE CI~ C~
~l$SlON OF THE CITY OF DELRAY
~CH, FLORID~ RESTATfNG
AND ~E~DING ORDINANCE ~,
AND ORD~HANCE 1~ WHICH C~
PRISE THE ~D (~PECtAL ACTIVI.
TIES DI~TRICT) ZONING ORDI.
NANCE FOR THE WATERFORD
P~CE J DELINT DEVELOPMENT
OF REGIONAL I~PACT (DRI);
GENERALLY L~TED ON THE
~UTH SIDE OF LINTON BOULE.
VARD, BETWEEN INTERSTATE ·
AND LINDE~ ~ULEVARD;
INCOR~RATING ANY EXISTING
~NDITIONS OF THE WATERFORD
P~CE DELINT DRI INTO THE
~NING DiSTRiCT; ESTABLISHING
CONDITIONS FOR FURTHER DE.
VELOPMENT; PROVIDING A ~V.
lNG C~U~E, A GENERA~ RE-
P~LER C~USE, AND AN EFFEC.
T~E ~TE.
AN ORDINANCE OF THE CITY ~.
~t~10~ OF THE CITY OF DELRAY
~EACH, FLORID~ M~FYING
THE ~UNITY REDEVELOP-
~NT P~N FOR THE Ci~ OF
DEL~Y BEACH; FINDING THAT
THE ~DIFICATtONS CONFORM
TO THE CO,UNiTY REDEVELOP.
MENT ACT OF 1~, AS ~ENDED;
FINDING THAT TNE MODiF~CA-
TIONS ARE CONSISTENT WITH THE
CITY OF DELRAY BEACH'S C~
PREHENSIVE P~N, AND ~KING
FURTHER FINDINGS PURSUANT
TO THE APPLI~B~E REQUIRE.
MENT$ OF FLORIDA STATUTES
SECTION I~ (i} (7); PROVIDING
A GENERAL REPEALER C~USE,
A ~V~NG C~U$E AND AN EFFEC.
TIVE ~TE.
AN ORDINANCE OF THE CI~ C~-
MISSION OF THE C1~ ~ DELRAY
BEACH, FLORIDA, ~ENDING
CHAPTER N, ~tRE ~PE~ AND
EMERGENCYSERVICES~, OF THE
CODE OF ORDINANCES ~THE
CiTY ~ DELRAY BEACH,BY
~END~NG SECTION N.~,
~MERGENCY MEDICAL T~N~
~RTATION FEES', SUBSE~iON
N.~ (A), TO REVISE THE FEE
~HEDULE FOR ~ERGENCY
MEDI~L T~NS~RTATION IN
~COR~NCE WITH THE INF~-
TI~ INDEX CHARGE FOR
PROVIDING A GENERA~ REPEA~.
ER C~USE, A ~VING C~USE
AND AN EFFECTIVE DATE.
AN ~D~HANCE ~ T~ Cl~ C~
~lSSl~ OF THE CI~ ~ DEL~Y
B~CH, FLORIDA, ~ENDING SEC-
TION IJ.~, 'LIGHT INDUSTRIAL
{LI) DISTRICt, OF THE ~ND DE-
VELOPMENT REGU~TIONS
THE CITY ~ ~LRAY BEACH, BY
~ENDING SUBSECTION ~(H),
~PECIAL DISTRICT REGU~.
TION$', SUBPARAGRAPH
~(H)(3), TO REDUCE THE ~INI-
~UM FLOR AREA ALL~ATED
PER TENANT OR BAY; PROVIDING
A GENERAL REPEALER C~USE,
A ~ViNG C~USE, AND AN EF.
FE~IVE DATE.
AN ~DINANCE OF THE CI~ C~
~l~lON OF THE CITY ~ ~LEAY
~CH, FLORIDA, ~ENDING SEC.
TI~ ~131C), ~IDEWALK CO~
~RU~ION REQUIREMENTS, AND
~CTI~ i.t~(CJ, ~RIVEWAY C~
STRUCTION RETIREMENTS', OF
~E ~ND DEVELOP~NT REG~
~TIONS OF THE CITY ~ DELRAY
B~CH, TO PR~l~ ~R THE
USE ~ ~TERNATIVE SURFACE
~PES FOR DRIVEWAYS AND
~IDEWA~KS ~EN ~PPROVED ~Y
THE Cl~ ENGINEER; PROVIDING
A GENE~L REPEALER
'A ~VING C~USE, ~D AN
FE~IVE ~TE.
~ ~DINANCE ~ THE CI~ C~
~I~ION OF THE CITY ~ DELRAY
~CH, FL~ID~ ~ENDING
~PTER ~, ~ARBAGE AND
T~, OF THE CODE OF ORDI-
g~ES OF THE CITY OF ~LRAY
t~CH, BY ~END~NG SECTION
· ~, ~ULK TRASh, TO PROVIDE
Boca Raton News, Friday, Janua~ 9, 1998
CONTINUED
BULK TRASH MAY BE COLLECTED
ON EITHER THE FIRST OR SEC-
OND REFUSE COLLECTION DAY;
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COh~
MINION OF THE CITY OF DELRAY
BEACH, FLORIDA, A~ENDING
CHAPTER I~, ~UTILITIES GENER.
ALLY; PUBLIC SERVICE TAX', OF
THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY
AMENDING SECTION ~0.15, 'LEVY
~ : TAX', AND SECTION ~0.11,
q~ECORD$ REGUIRED; RIGHT TO
INSPECT~, TO CO~PLY WITH
CHANGES MADE IN THE STATE
LAW REGARDING TAXATION OF
TELECOMMUNICATION SERVICES;
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,
~rt IMt I m~tim rK~d InClUd~
IM II~l~a~y MI~ evlMnce ~ ~ich
· ~ ~1 a e M W. T~ C~
C~ ~ ~LRAY
~R~