Ord 05-13ORDINANCE NO. 05 -13
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 4.3.40, "HEIGHT ",
SUBSECTION (4), "INCREASES TO HEIGHT REGULATIONS ",
SUBSECTION (b), "ALLOWANCES ", TO ALLOW AN INCREASE IN
BUILDING HEIGHT TO BE CONSIDERED FOR DELRAY
MEDICAL CENTER; 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 propose
text amendment at a public hearing held on January 29, 2013, and voted 6 to 0 to recommend that the changf
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as tl-.
Local Planning Agency, has determined that the change is consistent with and furdiers the goals, objectives an
policies of the Comprehensive Plan; and
WHEREAS, the City Comn-iission of the City of Delray Beach adopts the fu-idings in the Planning ar
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent wii
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.40), "Height", Subsection (4), "Increases to Height Regulations ", Sub -
Subsection (b), "Allowances ", 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) Increases to Height Regulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of Adj
empowered to grant, an increase of height for any purpose in the following zone districts:
Single Family (R -1) Districts Rural Residential (RR)
Agriculture (Ag)
Low Density Residential (RL)
Planned Residential Development (PRD)
Neighborhood Con-anercial (NC)
Conservation District (CD)
Mobile Home
Medium Density Residential (RN�
Residential Office (RO)
Professional and Office District (POD)
Open Space (OS)
(b) Allowances: An increase, to a maxitnuin height of sixty feet (60'), may be approved
the City Commission in any zone district not listed above when approved pursuant to the processing
a conditional use -request and based upon a finding of compliance with each of enumerated critc
listed below.— , as ate hcable:
(i) That the structure is to be located in one of the following geographic areas:
(1) Area "A" - all property located east of Congress Avenue and west of I
95.
(2) Area "B" - the property encompassed by the Delint DRI, with
exception of that portion platted as "Waterford Village "; along
property located west of S.W. 9.0th Avenue, south of Linton BouleN
and east of I -95.
(3) Area "C" - the property encompassed by the boundary of
Boulevard, Wallace Dave, S.W. 10th Street, and I -95.
(4) Area "D" - the properties located south of Atlantic Avenue, north ,
S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenu
and the properties located north of Atlantic Avenue, south of N.W. 1
Street, west of N.W. 1 st Avenue, and east of N.W. 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the F.E.0
Railroad, on the east by the Intracoastal Waterway, on the south b,
Allen Avenue extended to said easterly and westerly boundaries, and of
the north to the northernmost boundary of the City.
(6) Area "F" - the property located between the one -way pair system
Federal Highway (5th and 6th Avenues).
(7) Area "G" - die property on either side of Linton Boulevard, extendin;
200 feet north and south of its ultimate right -o£- -way, extending from I
95 to Dixie Highway.
2 ORD NO. 05 -13
(8) Area "H" - the area bounded by Linton Boulevard on the south, the
F.E.C. Railroad on the east, the combination of Southridge Road and
Swinton Avenue on the north, and S.W. 4th Avenue on the west.
(9) Area "I" - all property within the Central Core portion of the CBD
( Central Business District), except for that portion within 150' of any
zoning district which has a maximum height limit of 35, measured from
the property line of the CBD zoned property.
(10) Area "J" - the property encompassed by Lindell Boulevard on the north,
Federal Highway on the east, Dixie Highway on the west, and the City
limits on the south.
(11) Area "K" — the property within the project known as Delray Medical
Center elray IIospital)., located on the south side of Linton Boulevard
appro�atel, 1,240 feet west of Militaty Trail,_and -as_ annexed into the
City of Dehav Beach via Ordinance 33 -05.
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 ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. 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 5" day of
Match, 2013.
ATTEST MAYOR
City Clerk
First Reading tj-,f. " �''�'�'� { GI a L) J
Second Reading II) a A M b 101-05
3 ORD NO. 05 -13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Douglas E. Smith, Interim City Manager
DATE: February 27, 2013
SUBJECT: AGENDA ITEM ILB - REGULAR COMMISSION MEETING OF MARCH 5, 2013
ORDINANCE NO. 05-13 (SECOND READING/ SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading and second public hearing to consider approval
of a privately initiated amendment to the Land Development Regulations (LDR) Section 4.3.4(J)(4),
"Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height
to be considered for the Delray Medical Center, located at 5352 Linton Boulevard.
BACKGROUND
At the first reading on February 19, 2013, the Commission passed Ordinance No. 05 -13.
RECOMMENDATION
Recommend approval of Ordinance No. 05 -13 on second and final reading.
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Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
Page 1 of 2
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: DOUGLAS E. SMITH, INTERIM CITY MANAGER
DATE: February 13, 2013
SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013
ORDINANCE NO. 05-13 (FIRST READING/ FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Approval of a privately- initiated amendment to the Land Development Regulations (LDRs) that will
add the Delray Medical Center campus to the list of areas eligible to request an increase in the
maximum allowable height (up to 60').
BACKGROUND
The applicant has petitioned the City to amend the Land Development Regulations to add the Delray
Medical Center campus to the list of properties eligible to request an increase in the maximum
allowable height. The property is zoned CF- Community Facilities which has a maximum permitted
height of 48 feet. The proposed amendment would allow a maximum height to 60 feet as a conditional
use.
The Delray Medical Center has also concurrently submitted the conditional use request associated with
the text amendment, along with a Class IV site plan modification which will add a 4- story, 129,188 sq.
ft. bed tower and a 5- level, 343 space parking structure, and expansion of the energy plant. The bed
tower addition will add 140 private patient rooms to transition from semi - private to private rooms. It
should be noted that the expansion will not actually add beds; rather, it will result in the conversion of
the existing 280 beds from semi - private to private rooms. The conversion is prompted by new industry
code and guideline requirements related to an enhanced level of patient privacy for patient care.
Delray Medical Center offered two primary reasons why the amendment is necessary. First, they note
that the property is landlocked with no opportunity to acquire adjacent land to allow expansion that
would allow compliance with the LDRs. Secondly, they explain that due to building code ventilation
and structural requirements, hospitals are built with a significantly greater floor -to -floor ratio. The space
between floors generally measure from 6 to 8 feet to allow for easy access for repair, alteration, and /or
renovation, and generally contain the necessary infrastructure to serve patient rooms, and other services
provided by the hospital, such as telecommunications, heating, ventilation, oxygen, and other
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Coversheet
mechanical provisions necessary for the use. The
includes mechanical systems that are larger than in
of air required to meet the pressurization and fres h
results with the per story height for hospitals gre
medical office buildings.
Page 2 of 2
applicant further notes that medical construction
typical commercial construction due to the volume
air requirements. The unique construction design
ater than other buildings, such as professional or
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their January 29, 2013 meeting and a unanimous
recommendation of approval was made.
RECOMMENDATION
By motion, approve Ordinance No. 05 -13 on first reading for a privately - initiated amendment to the
Land Development Regulations, 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.
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: JANUARY 29, 2013
AGENDA NO: V. B.
AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.3.4(J), "HEIGHT ", SUBSECTION (4) "INCREASES TO HEIGHT
REGULATIONS ", SUBJECTION (b) "ALLOWANCES ", TO ADD THE
DELRAY MEDICAL CENTER CAMPUS TO THE LIST OF PROPERTIES
ELIGIBLE TO REQUEST A HEIGHT INCREASE.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
privately- initiated amendment to the Land Development Regulations (LDRs) that will add the
Delray Medical Center campus to the list of areas eligible to request an increase in the maximum
allowable height.
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.
BACKGROUND
The applicant has petitioned the City to amend the Land Development Regulations to add the
Delray Medical Center campus to the list of properties eligible to request an increase in the
maximum allowable height. The property is zoned CF- Community Facilities which has a maximum
permitted height of 48 feet. The proposed amendment will allow a request to the City Commission
to increase the maximum allowable height to 60 feet through the conditional use process.
The Delray Medical Center has also concurrently submitted the conditional use request associated
with the text amendment, along with a Class IV site plan modification which will add a 4- story,
129,188 sq. ft. bed tower and a 5- level, 343 space parking structure, and expansion of the energy
plant. The bed tower addition will add 140 private patient rooms to transition from semi - private to
private rooms. It should be noted that the expansion will not actually add beds; rather, it will result
in the conversion of the existing 280 beds from semi - private to private rooms. The conversion is
prompted by new industry code and guideline requirements related to an enhanced level of patient
privacy for patient care.
Delray Medical Center offered two primary reasons why the amendment is necessary. First, they
note that the property is landlocked with no opportunity to acquire adjacent land to allow expansion
that would allow compliance with the LDRs. Secondly, they explain that due to building code
ventilation and structural requirements, hospitals are built with a significantly greater floor -to -floor
ratio. The space between floors generally measure from 6 to 8 feet to allow for easy access for
repair, alteration, and /or renovation, and generally contain the necessary infrastructure to serve
patient rooms, and other services provided by the hospital, such as telecommunications, heating,
ventilation, oxygen, and other mechanical provisions necessary for the use. The applicant further
notes that medical construction includes mechanical systems that are larger than in typical
Planning and Zoning Board Meeting, January 29, 2013
LDR Amendment -Add Delray Medical Center to Height Exemptions
commercial construction due to the volume of air required to meet the pressurization and fresh air
requirements. The unique construction design results with the per story height for hospitals greater
than other buildings, such as professional or medical office buildings.
ANALYSIS
It is noted that the CF- Community Facilities zoning district currently has a 48 -foot maximum
allowable height throughout the city. The CF zoning district requires a minimum 10 -foot perimeter
buffer, and when adjacent to a residential zoning district, the buffer increases to 15 feet. For
Hospital uses, LDR Section 4.3.3(L)(3) requires a 50 -foot setback for structures, and that no
parking be located within 25 feet of a property line. An increase to the maximum allowable height
to 60 feet may require adherence to an additional 2 -foot setback for each foot above the standard
48 -foot maximum (it is one of the two criteria required to be met among the three that are listed).
In this case, buildings at 60 feet may be required to show an additional 24 foot setback for a total
setback of 74 feet. The currently designed site plan would have no difficulty in satisfying these
criteria.
Allowing additional height as a conditional use will require consideration of surrounding uses and
mitigation measures to ensure compatibility. Additional setbacks, along with the design of open
areas, such as courtyards, plazas, and landscaped setbacks, are required criteria for increased
height consideration to add interest and provide relief from the building mass.
Surrounding uses include multi - family residential development in unincorporated Palm Beach
County called Las Verdes, zoned RM to the north across Linton Blvd. Multi- family residential
development in unincorporated Palm Beach County called Country Lake, zoned RS to the south.
To the east is the Delray Medical Center Condos (currently in unincorporated Palm Beach County),
identified as a future annexation area, and the Wal -Mart, which is zoned PC- Planned Commercial.
To the west is Lago Vista and Fair Oaks institutional uses which are considered a part the larger
Delray Medical Complex.
It is anticipated that no issues achieving compatibility will arise due to the extensive setback for
buildings exceeding a height of 48 feet, along with the significant landscape buffer requirements,
and therefore there should be little to no impact felt by the adjacent developments.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Future Land Use Element Objective A -5 states: The City shall maintain its Land Development
Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and
streamlined processes including, but not limited to, building permit processes for residential
developments and to accommodate mixed -use developments, and other innovative development
practices. The Delray Medical Center is a valuable asset to the greater Delray Beach community,
and the amendment is necessary from a room privacy standpoint, as well as from a mechanical
and utility prospective. The continued organized and appropriate expansion of this facility is of
community importance.
2
Planning and Zoning Board Meeting, January 29, 2013
LDR Amendment -Add Delray Medical Center to Height Exemptions
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Delray Citizen's Coalition
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The expansion of the Delray Medical Center to address changing regulations (patient's privacy) in
the most efficient manner requires this amendment which will further enhance the medical center,
and improve the level of service this facility provides to the community. As noted in the report, the
unique nature of the use (large floor to ceiling footprints) requires increased heights to
accommodate four (4) floors. The increased setbacks for taller buildings, along with the significant
landscape buffer requirements, will ensure mitigation of any possible negative impacts to adjacent
developments. It is further noted that no increase in the intensity of the use over the current bed
count will result from this amendment.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ",
Subsection (b), "Allowances ", to allow an increase in building height to be considered
for Delray Medical Center, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ",
Subsection (b), "Allowances ", to allow an increase in building height to be considered
for Delray Medical Center, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion
to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 4.3.4(J)(4)
"Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in
building height to be considered for Delray Medical Center, by adopting the findings of fact and
law contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
• Proposed Ordinance
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