TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: September 8, 2016
Title
CONSIDERATION OF a WAIVER REQUEST FOR dELRAY BEACH RADIATION THERAPY FROM LDR section 4.6.9(D)(4)(B) REQUIRing WHEEL STOPS OR CURBING FOR PARKING SPACES (QUASI-JUDICIAL HEARING).
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Recommended Action:
Recommendation
Motion to Approve the waiver to LDR Section 4.6.9(D)(4)(b), which requires wheel stops or curbing for parking spaces based on positive findings with LDR Section 2.4.7(B)(5).
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Background:
At its meeting of August 10, 2016, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for a 38,520 square foot building addition the Delray Beach Radiation Therapy Center at the Delray Medical Center. The development proposal includes the co-location of a helipad and valet parking lot on the south side of the hospital. The SPRAB approved a waiver from the landscape requirement within in this area due to the conflicts that would result from the use of this area as a helipad. The SPRAB also recommended approval of a waiver to the wheel stop or curbing requirement in this area to the City Commission also due to the conflict that would arise due to helicopters landing in this area.
Waiver Criteria:
LDR REQUIRED FINDINGS - Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
Waiver Analysis:
Per LDR Section 4.6.9(D)(4)(b), wheel stops shall be provided for all parking, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb which is located so that there is two feet (2') of clear distance from the front edge of the device to the front of the parking space. The applicant has requested a waiver from the requirement to provide these wheel stops in the new parking area at the ground level helipad.
The applicant has submitted the following verbatim excerpts narrative in support of the waivers:
“…Delray Medical Center is a Level 1 Trauma Center and as such depends greatly on its ability to accept multiple emergency vehicles, both surface vehicles and air transport. As part of the new Bed Tower addition, the applicant is constructing a new ‘primary’ helipad atop the Bed Tower that will have direct elevator access to the Emergency Department below; however, the applicant desires to retain the ability to utilize the existing surface helipad as a ‘secondary’ helipad for those circumstances that would require multiple simultaneous transports into the facility. To accomplish this dual use of the helipad area, the applicant is proposing to utilize the secondary helipad area as a valet parking lot for their existing valet service. In doing so, it allows the hospital to control the use of the parking area for cases of emergency where more than one trauma patient needs transport, as well as provide for additional parking on the site.
To accomplish this dual use of the area, the applicant is required to keep the helipad area free and clear of encumbrances that would otherwise restrict the use of the area by emergency air transport and staff. Therefore the applicant is unable to provide for the require wheelstops, terminal islands, and separation median. It should also be noted that the applicant, as part of the Class IV Site Plan Review application request, proposes to relocate all required plantings for this area throughout the site, and has noted so on the landscape plans…”
“…Approval of these waiver requests to allow valet parking spaces on the secondary helipad area does not create an unsafe situation. By allowing valet to utilize the area, all vehicles in the lot will be under the supervised control of the Delray Medical Center and its staff. The hospital’s facilitators believe there is ample time for the valet parked vehicles to be removed in the case of a condition that would require the secondary helipad be cleared to accept incoming trauma patients. The lot will be clearly marked and patrolled by campus security to ensure its use for valet only…”
“…Approval of these waiver requests does not result in the granting of a special privilege to the applicant and the same would be granted under similar circumstances for another applicant based upon adequate justification and similar facility use. These requests are unique to Delray Medical Center as they relate to the dual use of the existing surface helipad location, which will become a secondary helipad location with the completion of the Bed Tower expansion and construction of the new elevated helipad…”
The proposed waiver of the wheel stops will not will not have a detrimental impact on the neighboring area since the area in question is located on the south side of the hospital (away from a public right-of-way) and away from the residential neighborhood to the south. The waiver does not diminish the provision of public facilities. Approval of the waiver will maintain the use of the ground level helipad for overflow emergency services. The waiver will not create an unsafe situation since the subject parking spaces will be valet parked. Since this area will be controlled by a valet service, the vehicles can be readily removed for use as a helipad. As noted in the applicant’s justification, the dual purpose of the area for a helipad and valet parking area is a unique situation only to the hospital. If the same circumstances occurred elsewhere, the waiver would be supportable. Allowing the waiver will maintain a vital public service to the City of Delray Beach and the region. If the waiver were denied, the result would be the loss of the helipad which is an important asset for emergency medical services. Based on the above positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
City Attorney Review:
Approved as to form and legal sufficiency.