32-93 ORDINANCE NO. 32-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT
INDUSTRIAL (LI) DISTRICT", SUBSECTION 4o4.26(C),
"ACCESSORY USE AND STRUCTURES PERMITTED", SUBPARAGRAPH
(4), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO
CLARIFY THE TYPE OF RETAILING AND THE AMOUNT OF FLOOR
AREA WHICH MAY BE DEVOTED TO RETAIL USE; AMENDING
SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A REDUCTION IN THE LOT FRONTAGE
REQUIREMENT 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 meeting of March 15,
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 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", Article
4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI)
District", Subsection 4.4.26(C), "Accessory Use and Structures
Permitted", Subparagraph (4), of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(4) Retailing of items ~~ processed 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 I~ 2,500 sq.ft, of display and sales
area.
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 changing the lot frontage requirement for the Light
Industrial (LI) District, as follows:
Lot Frontage ~ 0 feet
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 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. 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 13th day of April , 1993.
ATTEST:
City Clerk
First Reading March 23, 1993
Second Reading April 13, 1993
- 2 - Ord. No. 32-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #. /~ ..- MEETING OF APRIL 13. 1993
ORDINANCE NO. 32-93
DATE: April 9, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by modifying Section 4.4.26 (C)(4) "Accessory
Use and Structures Permitted" to clarify the type of retailing and
amount of floor area which may be devoted to retail use; and,
amending Subsection 4.3.4 (K), "Development Standard Matrix" to
provide for a reduction in lot frontage from 100 feet to zero in the
LI (Light Industrial) zone district.
The Planning and Zoning Board at their March 15th regular meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
At the March 23rd regular meeting, Ordinance No. 32-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 32-93 on second and final reading.
CITY COMMISSION DOCUMENTATION
TO: DAy,ID T. HARDEN, CITY MANAGER
THRU: Di~V~D J. AC I
ENT OF P. LANNING AND ZONING
FROM: PAUL DORLING, ~I~LANNER II
SUBJECT: MEETING OF MARCH 23, 1993
APPROVAL ON FIRST READING OF AN ORDINANCE AMENDING
PORTIONS OF THE LI (LIGHT INDUSTRIAL) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is aDDroval on
first reading of an ordinance which will amend the LI
(Light Industrial) zoning district.
BACKGROUND:
When the LI zoning district was recently adopted, it was
understood that "fine tuning" of the district might be necessary
once the district was applied to applicable sites. With the
proposed rezoning of a portion of the Congress Park South from
PCC to LI, such needs were identified.
The areas of proposed change involve:
* having the allowable retail sales pertain to items
"processed" on the premises as opposed to be limited to
those which are "produced" -- this change is consistent
with the original intent of the new district; and,
* increasing the maximum allowable floor area for retail
uses from 1,000 sq.ft, to 2,500 sq.ft.; and,
* reducing the frontage requirement from 100' to 0'.
This change is consistent with several other districts in
which a "0" frontage dimension is listed in the Standards
Matrix. In practice, each lot is required ~ave
frontage; however, when dealing with situations
large lot (minimum area of 20,000 in this situation)
applying a standard is more theoretical than practical.
In the case at hand, frontage is provided by the terminus
of a private street (tract); and, although a skewed
property line could be drawn to meet the requirement, it
seems more appropriate to abandon the standard.
City Commission Documentation
Revsions to Ordinance No. 20-93 which established
the LI (Light Industrial) District
Page 2
These proposed modifications effect the following portions of
the Land Development Regulations;
Section 4.4.26(C)(4) Accessory Use and Structures
permitted:
"Retailing of items ~~ processed 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 I~ 2,500 sq.ft, of display and sales
area."
Chapter 4,"Zoning Regulation", Article 4.3 "District
Regulations, General Provisions", Section 4.3.4 "Base
District Development Standards", Subsection 4.3.4 (K)"
Development Standards Matrix"
Lot Frontage ~ 9 feet
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at the
meeting of March 15, 1993. The Board recommended approval of
the proposed changes on a unanimous 6-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance which modifies
the LI zoning district with respect to type of retail, amount of
retail and the required frontage in the LI (Light Industrial)
district.
PD/CC20-93.DOC
ORDINANCE NO. 32-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT
INDUSTRIAL (LI) DISTRICT", SUBSECTION 4.4.26(C),
"ACCESSORY USE AND STRUCTURES PERMITTED", SUBPARAGRAPH
(4), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO
CLARIFY THE TYPE OF RETAILING AND THE AMOUNT OF FLOOR
AREA WHICH MAY BE DEVOTED TO RETAIL USE; AMENDING
SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A REDUCTION IN THE LOT FRONTAGE
REQUIREMENT 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 meeting of March 15,
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 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", Article
4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI)
District", Subsection 4.4.26(C), "Accessory Use and Structures
Permitted", Subparagraph (4), of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(4) Retailing of items ~~ processed 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 I~ 2,500 sq.ft, of display and sales
area.
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 changing the lot frontage requirement for the Light
Industrial (LI) District, as follows:
Lot Frontage ~0 0 feet
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 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. 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 day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 32-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ I~ - MEETING QF MARCH 25, 1995
ORDINANCE NO. 32-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by modifying Section 4.4.26 (C)(4) "Accessory
Use and Structures Permitted" to clarify the type of retailing and
amount of floor area which may be devoted to retail use; and,
amending Subsection 4.3.4 (K), "Development Standard Matrix" to
provide for a reduction in lot frontage from 100 feet to zero in the
LI (Light Industrial) zone district.
The Planning and Zoning Board at their March 15th regular meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 32-93.
PLANNING AND ZONING BOARD MEMORAND~
TO: PLANNING AND ZONING BOARD MEMBERS
FROM: PAUL DORLING, PLANNER II
DATE: MARCH 15, 1993
RE: INITIATION OF CHANGES TO THE LI DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of initiating changes to
the newly created LI (Light Industrial) zoning district.
BACKGROUND.'
When the zoning district was reviewed by the Planning and Zoning
Board it was understood that "fine tuning" of the district would
be necessary once the district was applied to applicable sites.
With the Levenger rezoning proposal the application of the LI
district is appropriate. To allow development as proposed, two
"changes" to the LI district must be made. These changes relate
to the amount of retail space allowed and the type of products
(produced off-site) along with reduction of the required
frontage.
DISTRICT REGULATION ANALYSIS:
The following two existing sections will require modification:
Section 4.4.26(C)(4) Accessory Use and Structures Permitted
states:
"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".
The Levenger proposal includes a 2,165 sq.ft, showroom
and the items will not be produced on the premises.
It is recommended the maximum square footage either be
raised to 2,500 sq. ft. or a different value be
assigned for buildings of over 100,000 sq.ft. In
addition, retailing of items produced on or off site
must be allowed.
Planning and Zoning Board Memorandum
Re: Initiation of Changes to the LI District
Page 2
Section 4.3.4(k) Development Standard Matrix:
This section requires parcels within the Light Industrial LI
District to have a frontage of 100 ft.
The definition of frontage is "The shortest property line
adjacent to a public street, except for property lines
abutting a major or minor and/or minor thoroughfare lot
lines or lines shall be deemed to be the frontage". The
Levenger property by definition does not contain any
frontage as access to the parcel is via 46' and 41' access
tracts which are dedicated to the Congress Park South
Owners Association, Inc.
It is recommended the frontage requirement be removed entirely
as there is a 20,000 minimum parcel size.
RECOMMENDED ACTION:
Initiate changes to the newly created LI (Light Industrial) zone
distri.ct with respect to the percentage of retail allowed, type
of retail allowed along with required frontage.
PD/T:LI.DOC
ORDINANCE NO. 20-93
AN ORDINANCE OF T~E CITY COMMISSION OF T~ CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, 'ZONING
REGULATIONS', OF TH~ ~ DEVEbOPMENT REGULATIONS OF
THE CODS OF ORDINANCES OF T~E CITY OF DEL~AY 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 OISTRICT~
PROVIDING A SAVING CLAUSE, A GENEPJ~L 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 153.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
deter~ined that the change is not inconsistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT O~DAINED BY THE CITY CO~MISSION OF
THE CITY OF OELRAY 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) Districtt, 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 ~ark 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 'It and #MIC' Districts.
While the LI District has flexibility in its application
(it is compatible with both Industrial and Commerce designations on
the Futura Land Use Map), it is not to be applied to small lots or
o~her circumstances which would lead to non-conforming site
development.
(B) Principal Uses and Structures Per~itted~ 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) Wholesalingt Storaget 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 mainta~ned per Section 4.$.$(B) (Wellfield
Protection).
(3) Industrial (manufacturinqt 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.
a~owACCeSSory Use and Structures Permitted= The
following
uses are ed when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse storage areas
Monitoring wells ~
· . Retailing of items 1~ on the premisel 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 ~5~
sq.ft, of display and sales area. -~q~--
(5)~ 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, aha approval by, the Chief Building
Offioial for a certificate of occupancy.
(2) For any new develolxnent, 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 belo~ 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
equipme~ 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, at 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
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 L! 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
00
sq.ft.
LOt Depth & Width Not applicabl, 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
~i ~,~(~Slde Yard Setback S feet
Rear Yard Setback l0 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 ord£nances
which are in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10) da]~ 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
Ord. No. 20-93