Ord 07-10ORDINANCE NO. 07-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 t~THICH
ESTABLISHED THE SPECIAL ACTIVITIES {SAD} ZONING DISTRICT FOR
MIDTOWN DELRAY, TO ALLOW FOR AN INCREASE IN THE FLOOR
AREA FOR THE MEDICAL OFFICE BUILDING, MODIFYING THE
PA.FtI~.ING REQUIREMENTS FOR SUCH S.A.D., AND LIMITING OFFICE
SQUARE FOOTAGE BASED ON FLOOR LEVEL; AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES,
SECTION 4.4.25(G}, "S.A.D.s," SUBSECTION {10}, TO REFERENCE
ORDINANCE 07-10; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
~THEREAS, pursuant to LDR Sectian 2.2.2(E}(6}, the Planning and Zaning Baard far the
City of Delray Beach, as local planning agency held a public hearing and considered the
proposed amendment at its meeting of December 21, 2009 and voted 6 to Q, to recommend that
the request be approved, based upon positive findings; and
WHEF:EAS, pursuant to Florida Statute
sitting as the Local Planning Agency, has detf
Camprehensive Plan; and
163.3174(4}{c}, the Planning and Zoning Board,
:mined that the changes are consistent with the
WHEREAS, the City Commission of the City of Delray Beach adapts the findings in the
Planning and Zaning Staff Report; and
WHEREAS, the City Carnrnissian of the City of Delray Beach finds the ordinance is
consistent with the Camprehensive Plan.
NOW, THEF:EFORE, BE IT ORDAII~IED 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 Sectian 5 of Ordinance 46-07 be, and the same is hereby amended to
read as follows:
That pursuant to Sectian 4.4.25 "Special Activities District (SAD}"
"A1lawed Uses and Structures," approval for the subject property described in Sectian 4, above,
is hereby granted far a mixed use development including a 29;x'7-l- 30,868. sq. ft gel office
building limited to:
a. either an Outpatient Surgical Facility"OSF")/Ambulatory Surgical Center
f"ASC") ar professional offices on the first floor, which first floor consists of 8,485 square feet;
and limited to 11204 square feet of medical or professional office an the second floor; and
limited to 11,183 square feet of medical ar professional offices on the third floor. If the first floor
is being used as an OSC ar ASC, parking an the first floor shall be calculated at four spaces for
each room routinely used for sur i~ca1 procedures plus one space for each staff member; and
b. 84 market rate residential townhomes; and
c. 32 workforce residential townhomes.
Section 3. That Section 6 of Ordinance 46-47 be, and the same is hereby amended to
read as follows:
That the development of the property described in Section 4 ~be~e of
Ordinance 46-47, shall be in accordance with the site and development plans known as Midtown
Delray as c~ri inalt approved by the Site Plan Review and Appearance Board or City
Commission and except as modified by_ the Midtown Medical Building site plan approved bx
the Site Plan Review and Appearance Board an February 242014,
Section 4. That Section 14 of Ordinance 46-47 be, and the same is hereby amended
to read as follows;
That Section 4,4.25~G}, "SADS," of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended as follows:
~3} 1~0 Midtown Delray, Ordinance Na. 46-47~, modified by Ordinance 07-
10
Section 5. That Section 4.4,25(G), "S.A.D.s", 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:
(10) Midtown Delray, Ordinance No. 4G-07. modified b~Ordinance 47-14.
Section 6, That all ordinances ar parts of ordinances in conflict herewith. be, and the same
are hereby repealed.
Section 7 . That should any section ar provision of this ordinance or any portion thereof,
any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid,
such decision shall pat affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
{~rd, Na. fl?-10
Section 8. That this ordinance shall became effective immediately upon its passage an
the second and final reading.
PASSED AND ADOPTED in regular session on second and final reading an this the 2°~
day of MARCH, 2010.
ATTEST
City Clerk
First Readin °~'~~~''~ ~~
g
Second Reading
MAYOR
Urd. No. U7-10
Page 1 of 1
MEMO~-.ANDI.~l~~I
TO: Mayor and City Commissioners
FRAM: David T. Harden, City Manager
DATE: February 18, 2410
SU$JECT: AGENDA ITE1I 10.A. -REGULAR COMMISSION MEETING OF MARCH 2.2Q10
ORDINANCE N0.07-1U
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and a quasi Judicial hearing to consider
modification of Midtown Delray SAD {Special Activities District) Ordinance No. 46-07 to allow for a
1,488 sq. ft. increase in the floor area far the Midtown Medical Building, modifying the parking
requirements for such S.A.D., and limiting the office square footage based on floor levels, and
amending the Land Development Regulations Section 4.4.25{G), "S.A.D.s," Subsection {14j, to
reference Ordinance 0'7-10.
BACKGROUND
At the first reading on February 16, 2414, the City Conunission passed Ordinance No. 07-10.
RECOMMENDATION
Recommend approval of Ordinance No. 47-14 on second and final reading.
hrip:lluTww.mydelraybeach.comlAgendasl$luesheet.aspx?ItemID=3054&MeetinglD=234 3/212014
ORDINANCE NO. 07-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 46.07 WHICH
ESTABLISHED THE SPECIAL ACTIVITIES {SAD} ZONING DISTRICT FOR
MIDTOWN DELRAY, TO ALLOW FOR AN INCREASE IN TI-IE FLOOR
AREA FOR THE MEDICAL OFFICE BUILDING, MODIFYING THE
PAR:IING REQUIREMENTS FOR SUCH S.A.D., AND LIMITING OFFICE
SQUARE FOOTAGE BASED ON FLOUR LEVEL; AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES,
SECTION 4.4.25{G}, "S.A.D.s," SUBSECTION {10}, TO REFERENCE
ORDINANCE 0?-10; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE 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 public hearing and considered the
proposed amendment at its meeting of December 21, 2009 and voted 6 to 0, to recommend that
the request be approved, based upon positive findings; and
WHEREAS, pursuant to Florida Statute 1 b3.3174(4}{c}, the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with the
Comprehensive Plan; and
WHEREAS, the City Commission 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 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 Earth above are incorporated herein.
Section 2. That Section 5 of Ordinance 4b-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 subject property described in Section 4, above,
is hereby granted far a mixed use development including a 2~-5-7-1- 30.868 sq. ft mew office
building limited to:
a. either an Outpatient Surgical Facility ("OSF"}fAmbulatorv Surgical Center
("ASC"for professional offices on the first floor, which first floor consists of 8,485 square feet;
and limited to 11,200 square feet of medical ar professional office on the second Hoar; and
limited to 11,183 square feet of medical ar professional offices on the third Haar. If the first floor
is being used as an OSC ar ASC, parking on the first floor shall be calculated at four spaces for
each room routinely used far surgical procedures plus one space for each staff member; and
C}RD. Nfl. Q7.10
b, 84 market rate residential townhomes; and
c. 32 workforce residential townhomes.
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 abe~e of
Ordinance 46-07, 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 except as modified by the Midtown Medical Buiidin8 site lp an approved by
the Site Plan Review and Appearance Board on February 24, 2fl1Q.
Section 4. That Section 10 of Ordinance 46-41 be, and the same is hereby amended
to read as follows:
That Section 4.4.25(6}, ~`SADS," of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended as follows:
{-~}~ Midtown Delray, Ordinance No. 46-07,L, modified by Ordinance 07-
10
'on 5. That Section 4.4.25{G}, "S.AD.s", of the Land Develop~nnt Rations of
the bode of C}rdinances of the pity of Delray Beach Florida, be and the saner is hereby arnend~:d to
read as foIlows:
{10) NTidtown Delray, Orc:linance 1Vo. 4b-(17f modified~~y Or~~inance 07-1Q.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7 . 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 8. That this ordinance shall become effective immediately upon its passage on
the second and final reading.
ORD. NO, 07-10
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2010.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
ORr~. No. 0~-~a
Page 1 of 2
MEMOI~:ANDLT~
TO: Mayor and City Commissioners
FROM: Candi Jefferson, Senior Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: February 10, 2010
SU$JECT: AGENDA ITEM 12,A - REGUI.,AR CC}MMISSION MEETING OF FEBRUARY 1b, 2010
ORDINANCE Nt?. 07-10
ITEM BEFORE COMMISSION
The item before the City Commission is modification of the Blood's Grave SAD (Special Activities
District) Ordinance No. 46-47, in conjunction with a change to add an additional 1,088 sq. ft. to an
existing 29,780 sq. ft. medical office building {total of 30,868 sq. ft.). The request also includes
elimination of five (S) parking spaces, the provision of eight {8) additional handicap spaces, installation
of an emergency generator, and modification of the allowed uses to add an option far medical ar
professional office use on the second and third floors and restrict the first Haar to either an Outpatient
Surgical Facility {OSF)/Ambulatory Surgical Center or professional offices, The ordinance also
establishes a new parking requirement far outpatient surgical facilities based on AHCA (Agency of
Health Care Adminstratian) standards far ambulatory service centers,
BACKGROUND
On September 17, 2007, the City Commission approved a SAD modification request for Blood's Grove
which included a new mixed-use development known as Midtown Delray containing 116 townhouse
units and 29,571 square feet of medical offices. The medical office building is under construction on
the site.
On, December 21, 2009, the Planning and Zoning Board recommended the City Commission approve
modifing the SAD Ord. No. 46-07 by adopting Ord. No. 04-14 to allow expansion ofthe Medical Office
Building to add an additional 1,088 sq. ft. for a total of 30,868 sq. ft. At that time the development
proposal included a request for a ten (10) space parking reduction pursuant to LDR Section 4.6.9(F)(1).
On January 5, 2010, the City Conunission recommended approval on first reading of the proposed
changes to Ord. No. 46-47 {Ord. No. 44-10). The applicant has modified his request and as a result the
original ordinance has been withdrawn and a new ordinance is now under consideration. The modified
request does not include any parking reduction as required parking is being met through limiting the
allowed uses an the first floor to those which create less parking demand. (i.e. outpatient surgical
http://miweb0011AgendasCBluesheet.aspx?ItemID=3041 &MeetingID=233 2/18/2010
Page 2 of 2
facility ar professional offices rather than medical offices}. If approved an the first reading the new
development proposal will be reviewed by the Site Plan Review and Appearance Board (SPRAB} on
February 24, 2010, prior to second reading and adoption afproposed Ordinance 07-10.
REVIEW BY OTHERS
The Planning and Zoning Board considered the SAD modification request far Midtown Delray on
December 21, 2009 and recommended approval to the City Commission by a vote of 6 to 0.
RECOMMENDATION
Move approval of the modification to Blood's Grave SAD Ord. No. 46-07 by adopting Ord. Na. 07-10
for the subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet
the criteria set forth in LDR Sections 2.4.5(D}(5), 3.1.1 and the Land Development Regulations.
htip:l/miweb001lAgendaslBluesheet.aspx?ItemID=3041 &MeetingID=233 211812010
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