Ord 18-09ORDINANCE NO. 18-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.29, "MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL (MROC)
DISTRICT", SUBSECTION 4.4.29(E), "CONDITIONAL USES AND
STRUCTURES ALLOWED", IN ORDER TO ALLOW
EDUCATIONAL FACILITIES, TRAINING CENTERS AND
VOCATIONAL SCHOOLS AS A CONDITIONAL USE WITHIN
THIS ZONING DISTRICT; AMENDING SUBSECTION 4.4.29(H)
TO SPECIFY PARKING REQUIREMENTS FOR EDUCATIONAL
FACILITIES, TRAINING CENTERS AND VOCATIONAL
SCHOOLS WITHIN THE MROC ZONING DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.(>, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on March 16, 2009 and voted _ to _ to
recommend that the changes be approved; 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 goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Colximission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Coix~rii.i.ssion of the City of Delray Beach fords the ordinance is
consistent with the goals, policies, and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, A5 FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.29, "Mixed Residential, Office And Commercial (MROC)
District", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", 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:
{E) Conditional Uses and Structures Allowed; The fallowing uses axe allowed as conditional uses
uTidiui the MROC District. Uses approved in this section shall be part of the maximum percentage
for each use.
{1) Health spas, fitness centers, gymnasiums, and exercise facilities which axe open to
tl~e general public
(2) Veterinary clinics.
{3) Drive-thru facilities associated with any allowed use.
{4) 24 hourf late night businesses (except for governmental offices and services} as
defined herein must be processed as a conditional use and are subject to the provisions of Section
4.3.3{vv}.
(5) Day Care Centers subject to LDR Section 4.3.3 (E)
(6) Educational Facilities, training centers, and vocational schools. This use will be
considered similar to "Office Center" for the p oses of MROC regulations pertaining to t~rpes of
uses, except for parking, which shall be pursuant to Section 4,4.29(II}{g).
Section 3. That Section 4.4.29, "Mixed Residential, Office And Commercial {MROC)
District", Subsection 4.4.29(H), "Supplemental District Regulations", 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:
(H) Supplemental District Regulations: The supplemental district regulations as set forth in
Article 4.6 shall apply except as modified by, or added to, as follows:
{1) The perimeter buffer shall be landscaped to provide a boulevard effect along
Congress Avenue.
(2) The parking requirement for restaurants is established at twelve {12) spaces per 1,OQ0
square feet of gross floor area.
(3) The parking requirements for residential units in multi-family structures or mixed-use
buildings shall be as follows:
• Efficiency dwelling unit 1.0 space f unit
• One bedroom dwelling unit 1.25 spaces/unit
• Two or more bedroom dwelling unit 2.(}~ spaces unit
~ Two or more bedroom dwelling units within
2 ORD. NO. 18-09
1000' of a Tri-Rail station 1.5 spaces/unit
• Guest parking shall be provided cumulatively as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
(4) The parking for commercial uses shall be 4.5 spaces per 1,000 square feet of gross
floor area.
(5) The parking for business and professional office uses shall be 4 spaces per 1,000
square feet of net floor area up to 3,000 sq.ft. and then 3.5 spaces per 1,000 sq.ft. of net floor area
over the initia13,000 sq.ft.
(6) The parking for Medical office uses shall be 5 spaces per 1,000 square feet of gross
floor area.
(7) The parking for governmental uses shall be as outlined in LDR Section 4.6.9.(C)
(8) The parking for educational facilities training centers and vocational schools shall be
as outlined in LDR Section 4.6.9(C)(61(e~.
($ 9) For mixed-use developments, the shared parking formula under LDR Section
4.6.9(c)(8) can be utilized.
0110) Guest parking spaces must be accessible to all visitors and guests and may be
centralized or located near recreational features within a development project.
(~1-A 11) Parking adjacent to Congress Avenue: Parking shall be located to the rear of
buildings having direct frontage along Congress Avenue. To that end no surface parking shall be
located between buildings and Congress Avenue. Notwithstanding the above, relief to this
requirement can be granted to accommodate pre-existing conditions.
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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
3 ORD. NO. 18-09
Section C~. That this ordinance shall become effective ixrnnediately upon its passage on
second and final reading.
~~)) PASSED AND ADC?PTED in regular session on second and f a1 reading on this the
~.l~ day of ~S~Iri ~ , 2009. f"'~
ATTEST
MAYC}R
~~City Clerk
First Reading ~'-f - b? - ~~
Second Reading_ ~y- ~eZf -tai}
~ ORD. NQ. 18-09
ME~Q~:ANDCTII~I
TO: Mayor and City Commissioners
1~ROM: David T. Harden, City Manager
DATE: April 16, 2009
SLTB7ECT: AGENDA ITEM IO.A. -REGULAR COMMISSION MEETING OF APRIL 21, 2409
ORDINANCE NO. 18-09 SECOND READINGISECOND PUBLIC HEARINGI
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing an ordinance
amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section
4.4,29, "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(E),
"Conditional Uses and Structures Allowed", to allow educational facilities, training centers and
vocational schools as a conditional use within this zoning district; and amending Subsection 4,4.29(H)
to specify parking requirements for educational facilities, training centers and vocational schools within
the MROC Zoning District,
BACKGROUND
At the first reading on Apri17, 2049, the Commission passed Ordinance No. 18-09.
RECOMMENDATION
Recommend approval of Ordinance No. 1 g-09 on second and final reading.
ME~tJP;ANDLT~
TO: Mayor and City Connnissioners
FROM; Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: Apri12, 2009
SUBJECT: AGENDA ITEM IO B -REGULAR COMMISSION MEETING OF APRIL 7, 2009
ORDINANCE NO. I8-09
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations Section 4,6.9 (C)(6)
(e) pertaining to conditional uses allowed in the MROC zoning district.
BACKGROUND
The City has received an inquiry from Kaplan University about opening an instructional center with 20-
30 students in the Congress Avenue corridor within the Mixed Residential Office and Commercial
(MRQC} zoning district. The university has a specific interest in occupying a portion of the Sun
Sentinel office building at the south end of town. While allowing educational facilities was originally
discussed during the creation of the new MR.OC zoning district, it was not included as either a
Permitted or Conditional Use. Given the potential range of impacts the broad category of educational
facilities could create, this amendment would codify the use as a Conditional Use within the district vs.
a permitted use. The Conditional Use process would allow applications to be considered on a case by
case and site by site basis.
The amendment includes language specifing the development standards and supplemental regulations
for the use. The Planning and Zoning Board initiated the amendment at their February 23, 2009 meeting
on a ~-0 vote. The amendment adds the specific use of educational. facilities, training centers and
vocational schools as a Conditional Use. To establish the use a request for conditional use approval will
be processed pursuant to LDR Section 2,3.5.(E}(3}. The amendment includes an additional reference to
associated parking requirements added under Section 4.4.29 that is currently noted in LDR Section
4,6,9 (C}(6}(e}. This additional reference is proposed in the MRQC zoning district under LDR section
4.4.29 (H} to be consistent with how parking requirement for other uses are handled within the same
district,
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on March 16, 2009. The Board
unanimously recommended approval on a S to 0 vote (Halberg absent and Perez resigned}, by adopting
the findings of fact and law contained in the staff report and finding that the amendment is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M} of the Land Development
Regulations.
RECOMMENDATION
By motion approve the City-initiated amendment to Land Development Regulations to add educational
facilities, training centers and vocational schools as a conditional use by adopting the findings of fact
and law contained in the Staff Report and finding that the request is consistent with the Comprehensive
Plan and meets the criteria in LDR Section ~.4.5(M}(5}.
ORDINANCE NO. 18-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT 1~:EGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.29, "MI:ED
RESIDENTIAL, OFFICE AND CO14I1~IERCIAL {MROC}
DISTRICT", SUBSECTION 4.4,29{E), "CONDITIONAL USES AND
STRUCTURES ALLO~;IED", IN ORDER TO ALLOW
EDUCATIONAL FACILITIES, TRAINING CEN'I"ERS AND
VOCATIONAL SCHOOLS AS A CONDITIONAL USE WITHIN
THIS ZONING DISTRICT; AMENDING SUBSECTION 4.4.29{I-I)
TO SPECIFY PARKING REQUIII:EMENTS FOR EDUCATIONAL
FACILITIES, TRAINING CENTERS AND VOCATIONAL
SCHOOLS tiK~ITHIN THE MROC ZONING DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
~XIHEREAS, pursuant to LDR Section 1,1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on March 16, 2009 and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.31.74{4~{c}, the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Comrrrission of the City of Delray Beach adapts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the goals, policies, and objectives 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 the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.29, "Mixed Residential, Office And Commercial {MROC)
District", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", 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:
(E) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the MROC District. Uses approved in this section shall be part of the maximum percentage
for each use.
{1} Flealth spas, fitness centers, gymnasiums, and exercise facilities which are open to
the general public
(2} Veterinary clinics.
{3} Drive-thru facilities associated with any allowed use.
{4} 24 hourJlate night businesses (except for governmental offices and services} as
defined herein must be processed as a conditional use and are subject to the provisions of Section
4.3.3(vv}.
(5) Day Care Centers subject to LDR Section 4.3.3 {E}
(61 Educational Facilities; training centers and vocational schools. This use will be
considered similar to "Office Center" for the purposes of MROC regulations pertaining to types of
uses, except for parking, which shall be pursuant to Section 4.4.29(Hl(81.
Section 3. That Section 4.4,29, "Mixed Residential, Office And Cazxunercial (MROC)
District", Subsection 4.4,29(H}, "Supplemental District Regulations", 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:
{H} Supplemental District Regulations: The supplemental district regulations as set forth in
Article 4.G shall apply except as modified by, or added to, as follows:
(1} The perimeter buffer shall be landscaped to provide a boulevard effect along
Congress Avenue.
{2} The parking requirement for restaurants is established at twelve (12} spaces per 1,000
square feet of gross floor area.
(3} The parking requirements for residential units in multi-family structures or mixed-
use buildings shall be as follows:
• Efficiency dwelling unit 1,0 spacef unit
~ One bedroom dwelling unit 1.25 spacesJunit
• Two or more bedraam dwelling unit 2,00 spacesjunit
• Twa or more bedroom dwelling units within
2 ORD. NO. 18-09
1000' of a Tri-Rail station
1.5 spaces/unit
~ Guest parking shall be provided cumulatively as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50
- for units 51 and above
0.30 spaces/unit
0.20 spaces/unit
(4) The parking for commercial uses shall be 4,5 spaces per 1,000 square feet of gross
floor area.
(5) The parking for business and professional office uses sha]1 be 4 spaces per 1,000
square feet of net floor area up to 3,000 sq.ft. and then 3.5 spaces per 1,400 sq.ft. of net floor area
over the initia13,000 sq.ft.
(6) The parking for Medical office uses shall be 5 spaces per 1,000 square feet of gross
floor area.
(7} The parking for governmental uses shall be as outlined in LDR Section 4.6.9.(0)
~8}~_The narking for educational facilities, training centers and vocational schools shall be
as_c~utlined in LDR Section 4.6.91C}(6)(e~.
{ ~) For mixed-use developments, the shared parking formula under LDR Section
4.6.9{c}(8) can be utilized.
(~ 10} Guest parking spaces must be accessible to a]1 visitors and guests and may be
centralized or located near recreational features within a development project.
(~-f-? 11) Parking adjacent to Congress Avenue: Parking shall be located to the rear of
buildings having direct frontage along Congress Avenue. To that end no surface parking shall be
located between buildings and Congress Avenue. Notwithstanding the above, relief to this
requirement can be granted to accommodate pre-existing conditions.
ectia~ ~ 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 all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
3 axe. zoo. ~ s-o~
Section b. 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 , 2009.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
4 ORD. NQ. 18-09
Page 1 of 3
.Judy Deveau
From: Judy Qeveau [jdeveau a~levyrai.com]
Sent: Thursday, January 08, 2009 11:34 AM
To: 'Vinci, Michael'
Cc: 'Alan Levy ; 'drosenthal c~levyrai,com'
Subject: Request for add'l infartnatian -Kaplan tlnivecsity _
Michael,
Below is a description of Kaplan University's intended operation, This location would be an instructional Center
with 20-30 students. if you need any additional information please let me know.
The purpose of the KU sites is to have a physical presence in markets where KU has concentrations of online
students. The students will be introduced to online degree programs by taking initial courses at the center as well
as having access to support services which are ail handfed via tali center today. The goal is to improve student
conversation, retention and persistence rates as well as extend the brand name via signage in each market.
The KU sites should have the look and feel of corporate office.lacatianwlthin an "A" class building. lE: the
targeted students demographic is generally white collar professionals who are looking for a bachelors or masters
degree, are in their mid to upper 20s and 30s, and are looking for an educational setting that reflects the
environment where they hope to advance to in their careers. There are two types of locations: .
• Instructional Centers are the larger of the two facilities types and are considered the main location within
a given market and Service Centers are considered satellite locations.
• Service Centers are the smaller of the two facilities types and are considered the secondary site within a
given market. They are for the purpose of administrative services and marketing in downtown locations
where there is heavy pedestrian traffic and high concentrations of existing and active students,
The students and staff will occupy bath center types after 6:00 PM during weeknights and on Saturdays.
[nstructionat Centers
• 7,000 to 8,000 SF fn size that can hold 3 to ~# classrooms
• First Floor space; but may have some upper floor class room space as a secondary preference
• Signage only on building with freeway visibility
• Private ground floor entrance if possible w'sth entry sign
• Courtyard) campus feel if ava'tfable
• Easy access to site and a identifiable location ie; located near a well known development or
intersection.
• Located within or near businesstaffice parks
Service Centers
. 3,000 SF with potential far one classroom
. First float space with street level retail signage and street entrance if possible
. Available conference space far holding classes a preference
. Located near large corporatelretail centers that have high-volume foot traffic where current and potential
users can "walk" by the center
• Can be in any type property i# in right location
• Preference for having parking with negotiated discounts
1/1512009
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CITY OF`DELRAY BEACH .
NOTICE ~F PROPOSED: .
AMENDMENT `f0 THE LAND :;
DEVELOPMENT REGULATIONS ~Y ~-
AMENDINGSECTION 4:4,2~~ "f~I~E;
RESIDENTIAL; {}FFICE t~N[
COMMERCIAL ~MROC) DISTRICT";
IN ORDER TO A~LC1 : .
EDUCATIONAL FAI~ITI~~S~:°;
TRAINING CENTERS AND'
VOCATIONAL SCHOOLS AS A
CONDITIONAL USE~WITHIN'~HIS°
ZONING DISTRICT AND TO SPECIFY
PARKING REQUIREMENTS FOR
EDUCATIONAL FACILITIES;
TRAINING CENTERS AND
VOCATIONAL SCHOOLS WITHIN
THE MROC ZONING DISTRICT
Tha City Commissfaa of Ots Cly of Defay Beach, Flor6da, to adopt the Idlowing
ard>nanca:
~RD~{~CE ND. 48-09
AN QRDtNANCE QF THE T227Y CoPAhiIS51ON OF THE Ctt't OF [tEI.RAY 9EACH,
FLORIDA, AMENDING THE LAND DEVELOPt~NT REGULATKINS 4F THE CODE OF
ORDIRIANCES, BY AMENDING SECTION 4.42.4, 7rIXE0 RESI~NTIAL, OFFICE AND
GOMMERCiAL{tiUtOC}Di3TRICT", SUBb'ECTIDN4.d.29{E},'CONDCfIDNALt1SESAND.
STRUCTURES AtlOWED", M ORDER tO ALLOW EDUCATIONAL FACILTTII=3;
TRAINING CENTERS AND VOCATIONAL SCHOOLS AS A COt4TUTtONAL USE WI7HIN
7HL4 ZONING DLSTRIG7; AMENDOdG SUBSECTION 4.42U{ii} TO SPECIFY PARKING
REQUIREtdENT3 FOR EDtJCATtONAL FACiLtTIE5, TRAINING CENTERS AND
VOCATIONAL SCHOOLS Wl7HIV THE MROG ZONING DISTRICT; PROVIDING A
SAYING CLAUS~AGENERALREPEALER CLAtiSErANDAN EFFECTIVE OATS.
'The CityCorrmissiat irdlrronducthva{~} Pt9Uic Hearhgs hNthe pucj>oseataxaptirig pubCa:
laslhrgrtp rsgarding the proposed ordinance. 1Tre hat PuWlc Haadr~ wit ba bald an
TUESDAY. APRtL7.2609AT 7:00 P.M, fi the Ctyrnnasion Chambam at City H~,100 N.W.
1st Avenue, Defray 8eadr, fbrlda It the ptoprrsad o~dhaiue la passed an first readhg, a
second Pubiic Haarirg wit Da an TUESgg~,(~G,~,, 2009 AT 7:49 P.Td. {ar al ~
~ntlrnsatbn otsuch meeting h4rkdt i$ set by Ura Caaar~sioaj to Ufa Camn~orr Chambers
ai Cly Ha1,100 N.W.1zaAvemte, Dray Beach, Fhrtde.
All (ntaraated clkkmrs era krvked to etlend Ure p haadnga acrd 6omrrrerd upm the
proposed ptlrna~e or buhrr>k Otetr catrmertts h wrNMtig an at beKira Ote trots oT Orese
beatings to the Piannhg Ford Zan<ng Dapmtm~i. Frn twther Iniomgtbna taot4~i a copy
of the proposed ordnarx~e, pieasa oaUaq Ste Ptannktg and Zordrnj Departm~d, Cly Hal,
100 N.W. tat Avarme, Defray Saash, Fbrida 33444 {a~tt ~ punal~mydakaybeadr.cam}
a by calEng 5611243.7040}, trehveerr Ora hours ot8:00 am. and 5:tk0 p.m„ Marday UirCt~h
Firday, excluding ho8days.
Please fre ad+7sed Ural a a person detddas t4 appeal any dec3s~rr mane iiy toe. City
Can miss Eon trlh resperR ro esY matter canr,fdered ~ 0>asa hemtrrge, such person aiay d aed
ro errsrtre ih~ a verbatim tecmd indudesUre tasUmmrysnd eNdeEx:e uparr-vhfdt the appsai.
is ro be based The Cly does trot provide oar prepare srrdr racaid pirrsuaril to. F.S:":
266A1~. , . .
. ` ` OITY OF DELRAY BEACH
Chevale D. Nubh, CM,G.
Cly Cleffr
PUBLISH: Tuesday; M~c1i 31;2009
Thursday, ApNI 16,2009
Boca RatorUDetray Beech Nays