Ord 04-10 (WITHDRAWN)ORDINANCE NO. 04-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH
ESTABLISHED THE SPECII~I., ACTNITES {SAD} ZONING DISTRICT FOR
MIDTO~TN DELRAY, BY AMENDING SAID ORDINANCE 46=07 TO
ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR MEDICAL
OFFICE BUILDING; AMENDING THE LAN17 DEVElOPMENfi
REGULATIONS OF THE CODE OF ORDINANCES, BIB;., AIYIENDING
SECTION 4.4.25{G}, "S.A.D.s," SUBSECTION {9} MIDTOWN'~~DELRAY TO
~.
REFERENCE ORDINANCE 04-10; PROVIDING A GENEI2AL~~FREPEAL~R
r
CLAUSE, A SAVING CLAUSE, AND t~-N EFFECTNE DATE
WHEREAS, pursuant to LDR Section 2.2.2{E)(6), the Planning and Zoning Board for the
City of Delray Beach, as local planning agency held a'~publc:.hearing and considered the
proposed amendment at its meeting of Decernber~2~;,.,2009 anal voted' 6 to 0, to recommend that
the request be approved, based upon positivefindings;,,and
WHEREAS, pursuant to Florida,~Statute ,163..3.174(4)"{c), the Planning and Zoning Board,
sitting as the Local Planning Agenc~!~ has deterrrtined that the changes are consistent with the
Comprehensive Plan; and
WHEREAS, the City<Commission of th~`City of Delray Beach adopts the findings in the
Planning and Zoning Staff~~R:eport„aiid` ~~
,'~\.n'' ~ ~4 M4~
VJHEREAS,~~tlt'e~tCity Comii~~ssion of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOS,. TH~~Rlu<FOR.E,?~$E IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY I~E~ACH, FLORIDA, AS FOLLOWS:
~. > Secto~vl .: , That the recitations set forth above are incorporated herein.
Section 2. That Section 5 of Ordinance 46-0? be, and the same is hereby amended to
read as follows:
That pursuant to Section 4.4.25 "Special Activities District {SAD}"
"Allowed Uses and Structures," approval for the Midtown Delray property, is hereby granted for
a mixed use development including a ~~ 30,868 sq. ft. medical office building, 84 market
rate residential townhornes and 32 workforce residential townhomes.
1
oRn Na, o4-io
Section 3. That Section 6 of Ordinance 46-07 be, and the same is hereby amended to
read as follows:
That the development of the property described in Section 4 of Ordinance
46-01, shall be in accordance with the site and development plans known as Midtown Delray as
on finally approved by the Site Plan Review and Appearance Board or City Commission and
a~
except as modified by the Midtown Medical Buildin siteplan approved by the Site,Plan Review
<~.,
and Appearance Board on January 13, 2010. `~
,,, ,"
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Sectian 4. That Section 10 of Ordinance 46-07 be, and the same is:here>fiy arriended
to read as follows:
That Section 4.4.25(G}, "BADS," of the Land= Deyeloprnent",:Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended as follows: "
{~} Midtawn Delray, Ordinance No, 46-4:7:,.modifed by Ordinance 04-10.
~~ ~.~
Sectian 5. That ail ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6 . That should any sectivii~or provisgn of this ordinance or any portion thereof,
any paragraph, sentence, or ward bedeclared l}! ~ court'of competent jurisdiction to be invalid,
such decision shall not affect the validty~of the remainder hereof as a whole ar part thereof other
than the part declared to be invalid...,
Bection 7. That~this~ordinanc~~shall become effective immediately upon its passage on
the second and final reading.
PASSEI.);;A1VT) ADOPTED'"in regular session on second and final reading on this the
day of,.. ~ ~,-,~ ~ , 2010.
MAYOR
ATTEST ~,
.,
City Clerk
First Reading
Second Reading
QRD NO. {I4-1~
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Page 1 of 1
ME~ORAI~DITM
TQ: Mayor and City Commissioners
FR{JM:
DATE; January 22, 2010
SUBJECT; AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010
ORDINANCE N0.04-10
ITEM BEFORE COMMISSION
The City received a letter dated January 20, 2010 from Jason Mankoff of Michael Weiner & Associates
requesting that the second reading of this ordinance be tabled from the Febr~.uu`y 2, 2010 City
Commission meeting to the February 16, 2010 meeting,
http;f/rniweb0011AgendasCBluesheet.aspx?ItemID=2977&MeetingID=231 21212010
MICHAEL
V1tEINER & ASSt?CIATES, P.A,
ATTC}RNEYS.AT LAW
10 S.E. 1~ Avenue, Suite C
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: irnankoff(a'tzonelaw.com
MlGHAE~ S. WElNER
JASON S. MANKOPF
January 20, 2010
Mr. Paul.Dorling
Director of Planning and Zoning
City of Delray Beach
100 NW 1St Avenue
Delray Beach, Florida 33444
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 NW 1St Avenue
Delray Beach, Florida 33444
Re: Midtown Clelray Medical Building
Our File No,: CASD004
Dear Paul, Brian and Chevelle:
~~~
~ i zoro
~~• ~~~ .,
KERRY D. SAFlER
Via Hand 1?eliverY
Brian Shutt, Esquire
City Attorney
City of Delray Beach
200 NW 1St Avenue
Delray Beach, Florida 33444
On behalf of my client, I am respectfully requesting that the above referenced
matter be tabled from both the SPRAB meeting of January 27, 2010 to the February 10,
2010 SPRAB meeting and that the Second Reading of the Mod~ication of the Blood's
Grave SAD be tabled from the February 2, 2010 City Commission meeting to the
February 16, 2010 Cify Commission meeting.
The purpose of this tabling request is to provide further information pertaining to
the parking reduction as requested by the Planning and Zoning Director.
if it is necessary for the purpose of fulfilling notice requirements that these
matters stay on the SPRAB agenda of January 27, 2010 and the City Commission
Agenda of February 2, 2010, please place them on those respective agendas and we
will attend these meetings to request a tabling to the dates certain requested above.
Please be sure to do whatever the City must do in order to fulfill the notice
requirements. If additional mailing labels are needed, please let me know and they will
be provided to Ms. Jasmin Allen immediately. Of course, our client will pay for the cost
of any additional notices that may be required as a result of such tablings.
o:1CASD00411.CorrespandenaeU.etter to f}oding.Shutt.Nubin ns tabEing.Jan 20 20f0.doc
January 20, 2Q10
Page 2 of 2
Thank you very much for your assistance in this matter.
truly yours,
~'ason S. Mankoff
JSM:ek
cc: Mr. David Cash
Ms. Jasmin Allen (via hand delivery}
Ms. Gandi Jefferson (via hand delivery}
Michael ~. Weiner,,Esquire
Ms. Ashlee Vargo
MICHAEL
iNE1NER ~ ASSOCIATES, P'.A.
ATTORNEYS AT tAW
10 S. E. 1 St Avenue, Suite C
Delray Beach; Florida 33444
Telephone:. (561 } 265-2666
Telecopier: (561 } 272-6831
' E-mail: Lmankoff~?zonelaw.com
MICHAEL S. WEINER
JASON S. MANKOFF
KERRY D. SAFIER
January 6, 2010
Mr. Paul Dorling
Director of Planning and:Zoning
City of Delray Beach.
100 NW 1St Avenue
Delray Beach, Florida 33444
Ms. Chevelle Nubin
City Clerk .
City of Delray Beach
100 NfW 1St Avenue
Delray Beach, Florida 33444
Re: Midtown Delray Medical Building
Our File No.: CASD004
Dear Paul, Brian and Chevelle:
Via Hand Delivery
Brian Shutt, Esquire
City Attorney
City of Delray Beach
200 NW 1St Avenue
Delray Beach, Florida 33444
i~~~~~~
~A~ ~ ~ zn~a
~~ ~l~i~
On behalf of my client, I am respectfully requesting that the above referenced
matter be tabled from both the SPRAB meeting of January 13, 2010 to the January 27,
2010 SPRAB meeting and that the Second Reading of the Modification of the Blood's
Grove SAD be tabled from the January 19, 2010. City Commission meeting to the
February 2, 2010 City Commission meeting.
If it is necessary for the purpose of fulfilling notice requirements that these
matters stay an the SPRAB agenda of January 13, 2010 and the City Commission
Agenda of January 19, 2010, please place them on those respective agendas and we
wil! attend these meetings to request a tabling to the dates certain requested above.
Please be sure fo do whatever the City must do in order to fulfill the notice
requirements. ff additional mailing labels are needed, please let me know and they will
be provided to Ms. Jasmin Allen immediately. Of course, our client will pay for the cost
of any additional notices~that.may be required as a result of such tablings.
{?:tGASD0041Letter to DwCng.Shutt.Nubin re tabling.Jan 6 2009.dc~c
January 6, 2090
Page 2 of 2
Thank you very much for your assistance in this matter.
Very truly yours,
Jason S. Mankoff .
JSM.ek
cc: Ms. Jasmin Allen {via hand delivery}
Mr. David Cash
Michael S. Weiner, Esquire
Ms. Ashlee Vargo.
{?.lCAS0~411.etter to Darling.Shutt.~lub3n re tabfing.Jan 6 2009.doG